In Islam a mortgage is not allowed so what will be the best way around it.
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa
Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked
this question:
In Islam a mortgage is not allowed so what will be the
best way around it.
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Answer:
Mortgage
In the name of Allah, We praise Him, seek His help and ask
for His forgiveness. Whoever Allah guides none can misguide, and whoever
He allows to fall astray, none can guide them aright. We bear witness that
there is none worthy of worship but Allah Alone, and we bear witness that
Muhammad (saws) is His slave-servant and the seal of His Messengers.
Allah says in the Holy Quran Chapter 2 Surah
Baqarah verse 274-276:
But
those who devour ‘riba’ become like the one whom Shaitaan has bewitched and
maddened by his touch. They have been
condemned to this condition because they say,
“Trade is just like ‘riba”, whereas
Allah has made trade halaal and ‘riba’ haraam. Henceforth,
if one abstains from taking ‘riba’ after receiving this admonition from
his Lord, no legal action shall be taken
against him regarding the ‘riba’ he had devoured before: his case shall ultimately go to Allah. But if one repeats the same crime even after
this, he shall go to Hell, where he
shall abide for ever! Allah deprives
‘riba’ of all blessing and develops charity,
and Allah does not like an ungrateful,
sinful person.
Allah says further in the Holy Quran Chapter 2
Surah Baqarah verse 278:
O Believers!,
fear Allah and give up that ‘riba’ which is still due to you, if you are true believers. But if you do not do so, then you are warned of the declaration of war against you
by Allah and His Messenger!
Allah says in the Holy Quran Chapter 4 Surah
Nisa verse 161:
That they took ‘riba’, although they were forbidden. And that they devoured men’s substance
wrongfully. We have prepared for those
among them who reject faith a grievous punishment (of Hell Fire)!
Al-Tirmidhi Hadith 2827 Narrated by Abdullah ibn Mas'ud
Allah's Messenger (saws) said, "Even
though usury be much, it leads in the end to penury."
Al-Tirmidhi Hadith 2829 Narrated by Ali ibn AbuTalib
Ali said he heard Allah's Messenger (saws)
invoke the curse of Allah on those who took usury, those who paid it, those who
recorded it, and those who refused to give sadaqah.
Sunan of Abu-Dawood Hadith 3325 Narrated by Abu Hurayrah
The Prophet (saws) prophesied: “A time is
certainly coming to mankind, when only the receiver of usury will remain, and
if one does not receive it, some of its vapour will reach him.”
Dear and beloved brother in Islam, it is neither the
taking out of a loan nor a mortgage which by itself is unlawful or prohibited
in Islam; what is unconditionally and specifically prohibited and absolutely
unlawful in the Sight of Allah Subhanah is the ‘interest’ element in the loan
or the mortgage.
Thus if one takes out an interest-free mortgage on their
house or property, such a transaction would be absolutely lawful in the Sight
of Shariah Law. To the best of our
limited knowledge, the ‘Amanah’ unit of the HSBC bank in the
Whatever written of Truth and benefit is only due to
Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only
Source of Strength.
Your brother and
well wisher in Islam,
Burhan
