Mortgage for House Purchase

Answered according to Hanafi Fiqh by Mathabah.org
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Answered by Shaykh Yūsuf Badāt

Question:

My question is regarding the permissibility of mortgages. Is it allowed to take a mortgage to own a home? From my research I’ve found that it is not, but other people have referred me to links of other Islamic leaders who are allowing it.

What am I to follow?

Answer:

Thank you for your question.

The Noble Qur’ān is very explicit on the fact that usury or interest based loans (mortgages) are prohibited. This ruling applies to Muslims, regardless, whether such loan is taken for purchasing a house, car or any other commodity.

You have pointed out that your research also concludes the same.

Please refer to the verses below:

“Those who devour usury will not stand except as stands one whom the Satan by his touch has driven to madness. That is because they say, “trade is like usury”, but Allāh has permitted trade and has forbidden usury. Allāh will deprive usury of all blessing, and will give increase for deeds of charity, for he does not love any ungrateful sinner. (Qur‘ān 2:275, 276)

“O you who believe! Fear Allāh and give up what remains of your demand for usury if you are indeed believers. If you do not, take notice of war from Allāh and His Messenger (peace and blessings upon him) but if you repent you shall have your capital sum. Deal not unjustly and you shall not be dealt with unjustly.” (Qur‘ān 2:278, 279)

“O you who believe! Devour not usury doubled and multiplied; but fear Allāh that you may prosper.” (Qur‘ān 3:130)

“That they took usury though they were forbidden and they devoured peoples wealth wrongfully; we have prepared for those amongst them who reject faith a grievous chastisement.” (Qur‘ān 4:161)

“That which you give in usury for increase through the property of people will have no increase with Allāh: but that which you give for charity seeking the countenance of Allāh, it is these who will get a recompense multiplied.” (Qur‘ān 30:39)

Jābir (may Allāh be pleased with him) reported that the “Messenger of Allāh (peace and blessings upon him) cursed the devourer of usury, its payer, its scribe and its two witnesses. He also said that they were equal (in sin)” (Muslim)

Abū Hurayrah (may Allāh be pleased with him) reported that the Messenger of Allāh (peace and blessings upon him) said, “I came across some people in the night in which I was taken to the heavens. Their stomachs were like houses wherein there were serpents, which could be seen from the front of their stomachs. I asked, O Gabriel! Who are these people? He replied these are those who devoured usury.” (Musnad Aḥmed, Ibn Mājah)

‘Omar bin Al-Khaṭṭāb (may Allāh be pleased with him) reported, “The last of what was revealed was the verse of usury . . . so, give up usury!” (Ibn Mājah, Dārimi)

Abd Allāh bin Hanzalah (may Allāh be pleased with him) reported that the Messenger of Allāh (peace and blessings upon him) said, “A dirham of usury that a man devours and he knows is greater than 36 fornications.” (Musnad Aḥmed, Dār Quṭnī)

The other leaders or organizations you are referring to, that have allowed interest based loans are in clear contradiction to the dictates of the Qur‘ān and Noble Sunnah.

The only situation where something can become permissible that is clearly forbidden by the Qur‘ān is in the situation of life and death. This is why the Qur‘ān tells us that pork becomes permissible in a scenario where one has nothing else to eat for survival. This permissibility of a general Qur‘ānic prohibition is limited to the dire situation of life and death, as mentioned in the verses of the Noble Qur‘ān.

“He has forbidden you only the maytah (dead animals), and blood, and the flesh of swine, and that which is slaughtered as a sacrifice for others than Allāh (or has been slaughtered for idols, on which Allāh’s Name has not been mentioned while slaughtering). But if one is forced by necessity without wilful disobedience nor transgressing due limits, then there is no sin on him. Truly, Allāh is Oft-Forgiving, Most Merciful” (Qur‘ān 2:173)

My advice to you is to contact a reliable Islamic financial institution that has reputable Islamic scholars as a shariah advisory board, for your loan to purchase a house.

And Allāh Knows Best

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