Fatwa ID: 04747
Answered by: Mufti Mohammed Tosir Miah
Question
Assalamualaikum.
I hope you are in the best of health and Imaan. We are a working-class family and renting a 2-bed housing association property. My husband works as a taxi driver and I am a full-time mum.
Recently we have been thinking of buying our own property due to our growing family ideally we would have preferred to purchase a house through the Islamic finance available however when we visited our local Islamic bank of Britain he confirmed that we would not be offered an Islamic mortgage. Unfortunately, HSBC Amanah finance is no longer dealing with Islamic finance also. My question to you is in these circumstances can we purchase 1 property through the normal conventional mortgage as we have heard that a mufti in London has advised that 1 property can be purchased for own use, however, we do not know how true this is.
In the name of Allah, the Most Gracious, the Most Merciful
Answer
It should be borne in mind that buying properties on a mortgage is not permissible as it is interest related and taking & giving interest is counted as one of the greatest and heinous sins in Islam.
The Holy Prophet (saw) has said:
لعن رسول الله ص اكل الربوا وموكله وكاتبيه وشاهديه (مشكوة ص244 ج1 )
“The Holy Prophet (saw) has cursed the person who takes interest, who gives interest, who writes it and who witnesses it.”
درهم الربوا ياكله الرجل وهو يعلم اشد من ستة وثلاثين زينة (مشكوة ص246 ج1)
“To take one dirham of interest knowingly is worse than committing adultery 36 times.”
قال رسول الله ص الربوا سبعون جزءا ايسرها ان ينكح الرجل امه (مشكوة ص246 ج1)
“A person who involves himself in usury will be afflicted with 70 kinds of sins. The lightest in comparison with others is committing adultery with your own mother.”
In the Holy Quran Allah has said:
ياايها الذين آمنوا اتقوا الله وذروا ما بقي من الربوا ان كنتم مؤمنين. فان لم تفعلوا فاذنوا بحرب من الله ورسوله
“O’ you who believe! Be afraid of Allah and give up what remains of riba if you are believers. And if you do not do it, then be ready for war with Allah and his Prophets.”
(Surah Baqarah V. 278)
Therefore, one could derive that purchasing such properties on mortgages should be avoided unless one is in a situation of dire and extreme need such as one would be sleeping on the streets if he did not purchase a property on interest. (Jadeed Fiqhi Masaail p.402 v.1)
There is an Islamic principle:
“It is permissible for a needy person to take an (interest) based loan” (Al Ashbah p.115)
From the information you provided above, it seems to me that your situation is not of the level of necessity. Therefore, actively look towards other means of obtaining some help like obtaining an interest-free loan from family and friends. If that is not possible then one should reside in a bigger rented house.
Only Allah Knows Best
Written by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
