Fatwa ID: 04946
Answered by: Maulana Naieem Mohammad
Question:
My father bought an interest-based loan for building a house I ordered some products from Amazon while paying for the product my father comes in the evening so he would come and give me the money in the evening but as the order came in the morning so I took the money from the loan and made the payment am I sinful for doing so. And is the thing that I brought haram for me to consume. If I am sinful then can I consume it after repenting or do I have to throw the product?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
This is not a very complicated matter, and to answer it we will have to understand a few facts from the above;
- The money that your father is using from the loan is considered Haraam for him if it is a Ribaa/usury-based loan.
- There is an established habit of your father giving you a regular allowance that you need, and he has not yet stopped this habit and it is guaranteed that he will bring it to you as you are expecting. Such habits are considered in Shariah rulings as long as they are established norms.[1]
Considering the above, the Shariah guidelines mention that “the changing of ownership is like the changing of the item itself” [2]. This means that if your father was to give you money from the loan as part of your allowance then there will be no sin on your behalf, but the sin will be upon him as he is the one guilty of usury and not you. Thus, using the “loan” money with the knowledge that you will replace it in the evening with the allowance that usually comes from him without fail will be considered as permissible due to the circumstance and because the source of both monies is the same i.e. your father but it will also be considered as highly undesirable because of you using the money without his prior knowledge and permission. The Shariah mentions that” it is not permissible for a person to make a transaction with another’s wealth without his permission” [3]
In conclusion, you will be advised to make tawba for using the money without his permission but the items bought will not be considered Haraam due to both types of monies coming from your father.
Only Allah knows best
Written by Maulana Naieem Mohammad
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
[1] Qawaaid Fiqhiyyah pg.50
[2] Qawaaid Fiqhiyyah pg.90
[3] Qawaaid Fiqhiyyah pg.99
