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Can We Take an Interest Mortgage From the Bank

Answered according to Hanafi Fiqh by DarulIftaBirmingham

Answered by: Maulana Mohammed Kamran Abid

Question:

Can we take an interest mortgage from the bank? In Islam interest is Haram but some Islamic Muftis say it is ok in this country (UK). (I heard Islamic mufti can change some fatwa by time, on other hand I heard this as well that if you take or give interest Allah said to be ready to fight with Allah and his massager) But my husband said because they bought their own house on mortgages that’s why they said that.

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

Answer:

Allah says in the Holy Quran, “O Believers, fear Allah and give up the usury that is outstanding if you are believers. And if you do not do it, then take a notice of war from Allah and His Messenger but if you repent, you shall have your capital without being wronged or having done wrong to others”.[1]

There is a principle in Islamic jurisprudence that any loan which has a benefit is not permissible.[2] When a bank buys a house and makes you pay the mortgage and the interest, then the interest is the benefit the bank receives. Therefore, it is not permissible to take an interest mortgage from a bank. However, there are other Islamic Banking options in the Uk that are permissible. Please see the link below for more information:

http://daruliftabirmingham.co.uk/islamic-mortgage/

Only Allah knows best

Written by Maulana Mohammed Kamran Abid

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

[1] Surah al-Baqarah, verse 278

[2]  [مَطْلَبٌ كُلُّ قَرْضٍ جَرَّ نَفْعًا حَرَامٌ]

(قَوْلُهُ كُلُّ قَرْضٍ جَرَّ نَفْعًا حَرَامٌ) أَيْ إذَا كَانَ مَشْرُوطًا كَمَا عُلِمَ مِمَّا نَقَلَهُ عَنْ الْبَحْرِ، وَعَنْ الْخُلَاصَةِ وَفِي الذَّخِيرَةِ وَإِنْ لَمْ يَكُنْ النَّفْعُ مَشْرُوطًا فِي الْقَرْضِ، فَعَلَى قَوْلِ الْكَرْخِيِّ لَا بَأْسَ بِهِ وَيَأْتِي تَمَامُهُ …

فِي جَوَاهِرِ الْفَتَاوَى إذَا كَانَ مَشْرُوطًا صَارَ قَرْضًا فِيهِ مَنْفَعَةٌ وَهُوَ رِبًا وَإِلَّا فَلَا بَأْسَ بِهِ اهـ. (Radd al-Muhtaar, vol. 5, pg. 166, Darul Fikr Beirut)

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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