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Does Anyone Know if Mufti Taqi Has Given a Fatwa That States That the 1st Mortgage Is Permissible

Answered as per Hanafi Fiqh by DarulIftaBirmingham

Answered by: Maulana Shadman Ahmed

Question

Assalamu Alaikum.

Does anyone know if Mufti Taqi has given a fatwa that states that the 1st mortgage is permissible?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

Mufti Taqi Usmani has been misquoted on this issue. There is no fatwa or statement from Mufti Taqi Usmani stating that the first mortgage is permissible. Mufti Taqi Usmani states clarifying this widespread rumor in an audio clip and says,

“Assalamu alaikum, in fact, I have never issued a fatwa that one house for a residence can be acquired by through riba based or interest-based loans. I have never said this in Pakistan, America nor any other country. I have … am misquoted there. And I did not issue such a fatwa at all. However, I have tried to modify the financial system in a sharia-compliant way. For that purpose, in the US we have developed a house financing scheme based on sharika mutanaqisa and it is sharia-compliant and is being practiced in many states in America. I have never issued such a fatwa that one house for a residence can be acquired on the basis of an interest-based loan. It should be clearly mentioned to all that this is some misunderstanding…”

To see the actual clip from Mufti Taqi Usmani please listen to the following link:

https://www.youtube.com/watch?v=iRXpHNPY31w

In conclusion, there is no fatwa from Mufti Taqi Usmani permitting or giving fatwa that states that the first mortgage is permissible. He has been misquoted.

Only Allah knows best

Written by Maulana Shadman Ahmed

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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