Home » Hanafi Fiqh » ShariahBoard.org » Student Loan

Student Loan

Answered as per Hanafi Fiqh by ShariahBoard.org

Assalamualaikum,

My question is about study loan. While living in USA, professional studies and university degrees are very expensive and not easy to get higher education with own money.

Mostly people obtain interest based loan for studies while interest is prohibited in Islam

Being Muslim my first prioirty is to follow Islamic teachings, so should muslims stop getting professional education if cant support studies without loan?

Jazaakallah 

الجواب وباللہ التوفیق

The interest-based loans to be Haraam is proven from Qur’aan and Hadith, synonymous to accepting the Declaration of War of Allaah T’aalaa, and equivalent to committing adultery with one own mother. If any Muslim is told that if you commit adultery with your own mother or get ready to have war with Allaah T’aalaa then these degrees will be given to you so will a Muslim would get ready for this. It’s clear that just with this visualization what will be the condition of a person it doesn’t need a description.

Though this sentence is harsh but as the perversion of interest is continuing to abolish, and as much the interest-based transactions are considered easy and light, and considering the unnecessary things to be necessary the concept of feeling the room for interest-based loan, and complaint and narrow-mindedness against Islamic commandment and the Muslims especially the ‘Ulamaas, with this background in mind the need for this analogy to describe its perversion was felt.

Hazrat ‘Umar says that “To avoid interest we used to leave nine parts out of the ten parts of Halaal and would take one part”, therefore, as much as possible it’s necessary to stay away from it.

This is also an accepted fact that education is the necessity and decoration of a human, and its importance in the present day society is not describable, and the under-achievement/backwardness of the Muslims in this matter is the reason for complaint and shame.

But it’s necessary, for its achievement too, for the human to be within the Shara’i bounds and limits. As eating as much needed off a dead animal when there is danger of a person losing his life is proven from the نص قرآن (text of the Qur’aan), similarly in helplessness, perturbation, extreme cautiousness, and in extreme constraint when there is no hope of someone giving a loan, though the Jurists have given permission to take an interest-based loan as much as the need. To name just the adornment, or to fulfill one’s desire, or likeness for ease as need is extreme cheating. Common present-day needs don’t fall under extreme needs, especially you have mentioned about the degrees of America. The question is this that why the degree of that particular region only necessary? Why not the concern is made to go somewhere else where education is cheap and get degrees there? We are ready to compromise with the Sharia’t but we don’t get ready to compromise with this lowly world which doesn’t even have value equal to the wing of the mosquito in the sight of Allaah T’aalaa.

With this background in mind, if any Muslim is still ready to get interest-based loan on small, small needs then let him deal with Allaah T’aalaa.

Please see below some references from the Qur’aan and Hadith regarding the حرمت Hurmat of interest (Interest to be Haraam):

احل اﷲ البیع وحرم الربوا(البقرہ: ۲۷۵)

Allaah T’aalaa has made بیع trading Halaal and made رِّبٰوا‌interest Haraam.

یمحق اﷲ الربوا ویربی الصدقات (البقرہ: ۲۷۶)

Allaah T’aalaa destroys interest and nourishes charities.

So to acquire the thing which Allaah T’aalaa destroys isn’t it a rebellion and competition with Allaah?

فان لم تفعلوا فاذ نوا بحرب من اﷲ ورسولہ (البقرہ: ۲۷۹)

But if you do not give it up (the interest), then listen to the declaration of war from Allaah and His Messenger.

One who is declared war with by Allaah and His Rasool S.A.W. and he doesn’t stay away, will he meet a good end?

In Ahadith also very severe warnings have come on interest-based dealings:

عن جابر رضی اﷲ عنہ لعن رسول اﷲ ﷺآکل الربا وموکلہ وکاتبہ وشاھدیہ وقال ھم سواء (مسلم شریف ج۲ ص ۲۷)(مشکوٰۃ شریف ص ۲۴۴باب الربوا)

Hazrat Jabir رضی اﷲ عنہ says that Rasool ﷺ has cursed the one taking interest, the one giving it, the one writing an interest-based deal, and the witnesses of an interest-based deal and said that they all are sinners and cursed.

عن ابی ہریرۃ رضی اﷲ عنہ قال قال رسول اﷲ ﷺالربوا سبعون جزء ا ایسرھا ان ینکح الرجل امہ (مشکوٰۃ سریف ص ۲۴۶ باب المنھی عنہا من البیوع)

Hazrat Abu Hurairah رضی اﷲ عنہ says that Rasool ﷺ said that a person dealing in interest gets 70 kinds of sins, the lowest sin among them is that a person commits adultery with his mother.

It is narrated by Hazrat Abdullah bin Hanzlah رضی اﷲ عنہ (who was given bath by the angels when he became martyr):

قال رسول اﷲ ﷺدرھم ربوایا کلہ الرجل وھویعلم اشد من ستۃ و ثلثین زینۃ۔(مشکوٰۃ شریف ص ۲۴۶ باب ابربوا)

Nabi ﷺ said: To eat one interest-based Dirham (meaning to bring it in his use) knowing that it is from interest, in the sight of Allaah, is more severe than committing adultery 36 times.

Further, it is in the Hadith that Rasool-e-Akram ﷺ has said that four people are such that about them Allaah T’aalaa has taken upon Himself that He will not enter them in Jannat and will not have them taste the نعمت (Ne’mat) of Jannat. Those four are: one who is habitual of drinking, one eating interest, one eating wealth of the orphan unjustly, and one disobedient of his parents. (This narration is in Mustadrak Haakim). (بحوالہ معارف القرآن حضرت مولانا مفتی محمد شفیع صاحب ؒ  ص ۶۸۰،۶۹۱ سورہ بقرہ)

Furthermore, it is in the Hadith: Rasool-e-Kareem ﷺ has said that when the interest-based dealings prevail in any nation then Allaah T’aalaa imposes on them the scarcity of the essentials of life, and when bribery prevails in any nation then the awe and fury of the enemies overpower them. (This narration is in Musnad Ahmad). (بحوالہ معارف القرآن ج۱ ص۶۸۱)

Nabi ﷺ has said that whichever locality adultery and interest-based dealings prevail the people of that locality have invited the wrath of Allaah on themselves. (This narration is in Mustadrak Haakim).  (بحوالہ معارف القرآن ج۱ ص۶۸۱)

وفی القنیۃ والبغیۃ یجوزللمحتاج الا ستقراض بالربح (الا شباہ والنظائر ص ۱۱۵ ا)(البحرالرائق ج۶ ص ۱۲۶باب الربوا)۔

واللہ اعلم بالصواب

This answer was collected from Shariahboard.org. It was established under the supervision of the eminent faqih of our era, Hazrat Shah Mufti Mohammed Navalur Rahman damat barakatuhum.

Read answers with similar topics: