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Purchasing a house which still has interest bearing loan…

Answered as per Hanafi Fiqh by Qibla.com

Answered by Shaykh Muhammad ibn Adam al-Kawthari

My parents own a home. They are not Muslims, as I am, Masha Allah. I am moving Insha Allah, and therefore, they now want to sell their home since I will not be the renter anymore. The house is valued, after a market analysis, at $75,000 – $85,000. I have a friend, whom is also a Muslim that is interested in buying their home. My parents would be selling their home to them for $5,000 down and $60,000 remaining. They have agreed to let them make payments to them monthly. My question to you is:

In the Name of Allah, Most Gracious, Most Merciful

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

When one acquires a house on mortgage, then, despite the actual act of giving interest being unlawful, the house or property comes into one’s ownership. As such, it would be perfectly okay for another person to purchase this house and reside in it, for there is nothing wrong or filthy in the house itself.

Having understood this, if your non-Muslim parents sell the house to your Muslim friend without your friend having to take the responsibility of paying any remainder of the mortgage, then it will be permitted for your friend to purchase this house. It will be permitted for him to purchase the house regardless of what price it is sold at, as long as both parties mutually agree on a sum.

However, if by purchasing the house, your Muslim friend has to take up the mortgage and pay the remainder, it will not be permitted for him to purchase this house. The reason being is that in this case your friend will be involving himself in the transaction of interest (riba) which is unlawful. If he defaults in his regular instalments, the interest will build up on him, hence in such a situation, purchasing this house will not be allowed.

And Allah knows best

Muhammad ibn Adam al-Kawthari
Darul Iftaa, Leicester, UK

This answer was indexed from Qibla.com, which used to have a repository of Islamic Q&A answered by various scholars. The website is no longer in existence. It has now been transformed into a learning portal with paid Islamic course offering under the brand of Kiflayn.

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