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:

Dear Burhan Bhai,

Assalamoalaikum,

 

I have 2 questions.

1. I had taken personal loan from HSBC Amanah. which they are saying its islamic finance. I want to know can we rely on this that its Islamic finance.

 

2. I want to go for Haj with my family while I am having this HSBC Amanah loan which will be repaid by me in coming 4 years. Can I go for Haj while I am having this loan on me or we have to pay first all loan than only I can go for Haj.

 

Your kind co-operation is anticipated.

With warm regards,

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Hajj an outstanding loans

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.

 

Your Question: I had taken personal loan from HSBC Amanah. which they are saying its islamic finance. I want to know can we rely on this that its Islamic finance.

Beloved brother, although HSBC is a conventional interest-based bank, its HSBC Amanah is indeed a Shariah compliant interest-free banking unit, and the eminent scholars who are appointed to its Shariah Board indeed make sure that all the transactions and deals done by its HSBC Amanah Unit are Shariah compliant.  

 

Your Question: I want to go for Haj with my family while I am having this HSBC Amanah loan which will be repaid by me in coming 4 years. Can I go for Haj while I am having this loan on me or we have to pay first all loan than only I can go for Haj.

Allah says in the Holy Quran Chapter 3 Surah Ale Imran verses 96-97:

Undoubtedly the first House of Worship ever to be built for mankind is the one which is at Makkah.   It was blessed, and made the center of guidance for all the peoples.   In it are clear Signs;   there is a spot where Ibraheem used to worship; and it is the Sanctuary, and whoever enters it becomes safe and secure.  Allah has, therefore,  a right on the people that the one,  who can afford to reach the House,  should perform Hajj there.   And the one who disobeys (this commandment should know that) Allah is Self-Sufficient, and does not stand in need of anyone.

 

Allah Subhanah has made the pilgrimage of Hajj obligatory on every sane, adult believer who has the financial and physical means to reach the House at least once in their lifetime.  This pilgrimage of the Hajj is so sanctified that it is listed as one of the five pillars upon which the deen of Islam is built! 

 

If one does not have the necessary finance to afford the Hajj journey or stay, then Hajj would not be deemed obligatory for such a person; nor would the Lord Most Merciful, Most Gracious hold such a person accountable for not performing the Hajj.

 

Fiqh-us-Sunnah Fiqh 5.15a

Abdullah ibn Abi 'Awfa relates: "I asked the Prophet (saws) about a man who has not performed Hajj, 'Should he not get a loan to perform Hajj?' The Prophet (saws) replied: 'No'”

Related by Al-Baihaqi.

 

If one does not posses the necessary provisions to perform the Hajj, such a person will be excused by Allah Subhanah for not being able to perform the obligatory Hajj pilgrimage.  If one took out a loan especially to perform the Hajj, although the Hajj of the person would be deemed valid, but one would have acted against the clear guidance and command of the Messenger of Allah (saws)…..and thus severely disliked.  

 

But if one has the necessary provisions and can afford the Hajj journey and stay, and one also possesses the physical abilities to perform the Hajj pilgrimage, then one is indeed eligible to go to Hajj and perform this obligatory duty unto their Lord. 

 

The taking of a loan by itself does not make one ineligible to perform the Hajj, but it is the taking of a loan only so that one may fulfill the Hajj expenses which is severely disliked and forbidden by the Messenger of Allah (saws).

 

Thus if there is one who has an outstanding loan, and one is paying one’s installments due on their outstanding loan according to their agreed schedule with the lender, and one has the financial and physical ability to afford the Hajj journey and stay, one would be liable and eligible to perform the obligatory Hajj pilgrimage unto their Lord.

 

What is forbidden and severely disliked in Shariah is that one who cannot afford the Hajj journey and stay, and one takes a loan specifically to pay for their Hajj expenses....this is severely disliked and forbidden in Shariah.

 

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