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Mortgages in Cases of ‘Need’?

Answered according to Hanafi Fiqh by Qibla.com

Answered by Shaykh Faraz Rabbani

I have read about the above two subjects and spoken to a number of contemporary alims of the hanafi azhab but still confused – I have also noted Mufti Taqi Usmani’s contribution. On the issue of mortgage in the west the ulema I spoke to consider the contract batil as it contains a direct link to interest but many permit the individual to partake of it on the basis of darurah. Also what makes it such a necessity as there are other options like renting?

Answer:
In the Name of Allah, Most Gracious, Most Merciful

Walaikum assalam,

Please search the archives of the Hanafi list for “riba”… [http://www.SunniPath.com] There are several articles on this.

The position of Shaykh al-Buti, Shaykh Taqi Usmani, Shaykh Mahmoud Ashraf Usmani , and my murshid, Shaykh Nuh Keller, is that it is absolutely not permitted to enter into  any ribawi transactions, except in situations of  grave necessity, not mere need.

The verses and hadiths about the prohibition of riba are known to us all…

There are many people saying many things these days. It is up to the morally responsible person to choose scholars of knowledge, wisdom, and taqwa. And the scholars tell us, “There is nothing like being safe.”

As for car insurance, see the answers in the archives. Basically, the legally minimum insurance is effectively considered a tax, and therefore allowed.

Wassalam,

Faraz Rabbani.

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