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I have approached the bank and explained that I want to buy a house with a loan from them that complies with Islamic Law and Principles.

Answered as per Hanafi Fiqh by Askimam.org

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I kindly request that you answer the following questions for me at your earliest convenience:

  1. I have approached the bank and explained that I want to buy a house with a loan from them that complies with Islamic Law and Principles. I have asked that they buy the house for me, and agree to re-sell to me with an agreed profit, and the total amount I will pay back in fixed instalments for 25 years. During the repayment period, the bank shall retain ownership of the house. Until and unless I repay the full amount, then there will be a transfer of title and the house will be mine. Will this be a halal finance?
  2. I have dreamt a couple of times before fajr salaat that I am flying myself and overlooking the earth and nice landscape (like a bird’s view). Is this a good dream or a bad dream? Please interpret.
  3. Is spending time in khuruj (3 days, 40 days, 4 months etc.) considered as ‘striving in the path of Allah’ as mentioned in Surah Taubah? If yes, please explain in details how this conclusion has been drawn from Quran and Hadith.
  4. I have serious doubts that I can be a hypocrite. I have a strange feeling that all the a’mals I’m doing (salaat, quran recitation, tasbih, visiting muslim brothers and giving them daawa, going khuruj etc.) are solely to show off to the elders and not to please Allah. I am very worried about this. How do I know that I am a hypocrite?

I have been told by a muslim brother that Surah Dukhan cannot be memorised if a person is a hypocrite (munafeek). Is this true? Does that mean if I manage to memorise Surah Dukhan, then it will be an indication that I am true muslim?

Answer

Muhtaram

Assalamualaikum Warahmatullahi Wabarakatuhu

1. The procedure of the bank buying the house and reselling to you on a fixed profit is Shariah Compliant. However, the aspect of the bank retaining ownership is not according to Shariah principles. According to Shariah, once you have purchased the house from the bank, you become the owner of the asset. We do understand that the bank wants a guarantee that its money is secure. As an alternative we suggest, that you offer a collateral to the bank when concluding the transaction. Thereafter when you take possession of the title deed, then you may negotiate with the bank to exchange the collateral and now you may leave the title deed as collateral at the bank.

2. S/A dreams

3. The words of the Quraan and Hadith “in the path of Allah” is general. According to the principles of Tafseer, when a word is general it will be interpreted in that way. The commentators of the Quraan have given many interpretations to these verses. Some of these interpretations also include Khuruj.

4. This feeling of yours is the sign of your true Imaan. In Fazaile Amaal the incident of Hadrath Hanzala is mentioned where he had a similar feeling. This is the plot of Shaytaan to stop you from what you are doing. You should avoid these false thoughts and continue to strive for the upliftment of Deen. Allah is using you as a means for His Deen in that part of the world so you should cherish that and express gratitude to Him. Continue working for the pleasure of Allah and you will soon see the fruits of your efforts.

5. It is not necessary to memorise Surah Dukhaan to be a Mu’min. This is baseless thought and has no basis in Shariah.

And Allah Knows Best

Muhammed Zakariyya Desai
Student: Darul Ifta

Checked and Approved
Mufti Ebrahim Desai

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