|
Q 1.)
Is it permissible to obtain an interest based loan for a home in
America on the basis that America is Dar-ul-Harb? I understand
that a Mufti from Deoband gave a fatwa saying it is permissible
for Muslims in India to give and receive loans on interest since
India is Dar-ul-Harb. If it is permissible, on what basis and are
there any restrictions? This is a very big issue in the US since
Muslims cannot purchase homes on interest, there are no interest
free banks and rentals for flats are the same as paying mortgages.
[Junaid Noormohamed. Chicago, IL, USA]
A 1.) Although some past jurists were of the vew
that riba transactions with non-Muslims in Dar-ul-Harb
are not impermissible yet this minority view did never find favour
with the bulk of the Muslim jurists throughout the world. Their
main argument is that the prohibitions imposed by the Holy Quran
are of universal nature and do not differ from country to country.
For example, drinking or selling wine to non-Muslims in a
non-Muslim country is as prohibited as it is in a Muslim country.
Likewise adultery and prostitution in a non-Muslim country is as
impermissible as in a Muslim country. The case of riba is
not different on this score. Its prohibition stands operative
throughout the world, therefore, it is not allowed for a Muslim to
transact on the basis of riba even when he is in a
non-Muslim country which is termed as Dar-ul-Harb. Therefore, it
is not permissible for Muslims living in the Western countries to
enter into a loan transaction based on interest even for the
purpose of acquiring a home. That is why Muslims in these
countries are trying to establish their own institutions for house
financing. A number of such institutions have been established in
North America and U.K.
Q 2.)
Please clarify for me the exact Hanafi position on the taking of
interest from the kuffar in dar-ul-harb. Is it permissible to take
advantage of the interest offered freely by these people or not?
What do the ulema say
about the passages in Fathul Qadeer and Shami which appear to
state that the Hanafi position (at least that of tarfain) is that
it is permissible to take advantage of this when the benefit is
for the Muslim? If it is not permissible then please explain these
texts and the hadith "la riba bain al harbi wal Muslim" on which
they are based.
If someone takes
interest from the kuffar on this ruling is he committing haram or
makrooh act?
If it is permissible
then can this money be used to fund the activities of Muslims in
these countries for the sake of deen such as setting up Muslim
schools etc.
I do not require a
fatwa but merely the opinion of the ulema such as Mufti Taqi
Sahib, as I realize that sometimes their opinions may be different
from the legal fatwa which is required for the people. [Molvi
Nazim Ali]
A 2.) Transaction of interest with the
non-Muslims in Darul Harb was allowed by Imam Abu Hanifa subject
to certain conditions but the majority of the Fuqaha including the
Hanafi jurists have not accepted it and the Fatwa has always been
given on its impermissibility. You can find full discussion on
this subject in the detailed treatise written by Maulana Zafar
Ahmad Usmani under the title "Kashf-al-Dujah" which is published
in 3rd volume of Imdad-ul-Fatawa which you may please consult for
the details.
However, even following the majority view of the impermissibility
of Riba in Darul Harb the interest received from Darul Harb can be
used for charitable purposes like helping the needy persons who
are entitled to receive Zakat but in no way the amount of interest
can be used for one's own benefit.
Article taken (with Thanks) from Albalagh.net |
