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House Contract, A Girl, and Parents

Answered as per Hanafi Fiqh by Qibla.com

Answered by Shaykh Muhammad ibn Adam al-Kawthari

I have a house with a mortgage my father helped me with the deposit off the house he made me sign a agreement that I would marry a Muslim girl. at the time I wasn’t practicing but know I am very much in the deen he furnished the house and paid for works which he said was a gift but 6000 pounds I agreed by mouth to pay. the house was bought at 90000 and is worth 250,000 I been trying to convince him I want to sell and get out off the riba he has become very angry and wants his money demanding profit what is my position??

In the Name of Allah, Most Gracious, Most Merciful

Assalamu Alaykum

In the name of Allah, most Compassionate, most Merciful

Interest based loans are not permissible in Shariah, thus purchasing of a house on mortgage is unlawful. One must sincerely repent on one’s actions and abstain from being involved in unlawful transactions in the future.

However, the house which was purchased by paying interest based loans (mortgage) does not become Haram and it is permissible for one to reside in it. Therefore, it is permissible for you to reside in the house.

If the money, which your father paid towards the purchase and furnishing of the house was given to you as a gift (as you have mentioned), then he can not claim it back. Only the 6000 pounds will have to be paid back as you agreed to repay him that amount. Neither is it necessary for you to pay him any profit, as the increasing of the value has no effect on a loan.

And Allah knows best

Muhammad ibn Adam al-Kawthari

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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