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I borrowed money

Answered as per Hanafi Fiqh by Askimam.org

Assalamualikum ,

I want to buy a house but I do not have the money. So I borrowed 10 lakhs  from an other person under an agreement. That house earns monthly rent of 10,000RS/month. So, I made the agreement that I will give 5,000/month from that rent to the person who gave me the money until 2 years. After 2 years I will repays the whole amount of 10 lakhs.

1.Is this permissible or Not?

2. If not, then WHY?

Jazakallah.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

You have borrowed 10lakhs which is a qarz. When one takes a loan, only the loaned amount has to be paid. Any excess amount above the loaned amount will be riba [interest]. Accordingly the agreement to give Rs5000 rental money in lieu of the qarz is incorrect and it is riba. [1] 

We can advise a Sharia Complaint alternative for you if you furnish us the following:

  1. What is the total cost of the house?
  2. How much money you can contribute to buy the house?

You can furnish the complete details in addition to the above and email us at admin@daruliftaa.net  Ref:Anas.

And Allah Ta’āla Knows Best

Anas Sharieff Qasmi.

Student Darul Iftaa

Hyderabad, India.

Checked and Approved by,
Mufti Ebrahim Desai.

________

النتف في الفتاوى للسغدي (1/ 485)

كل دين جر مَنْفَعَة لَا خير فِيهِ

الغرة المنيفة في تحقيق بعض مسائل الإمام أبي حنيفة (ص: 96)

“كل دين جر نفعا فهو حرام”

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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