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Precious_Diamond
09-Nov-2010, 05:36 PM
Assalam Alaikum

I'm looking for the real fatwa that Sheikh Al-Qaradawi made about buying a home using a bank loan. I'm sick of people using this as an example to try and say riba is allowed if it's your first home. I have never read the fatwa for myself so I don't even know what the sheikh actually said.

Help please!

Jazakum Allah Kheir

cheesegirl
09-Nov-2010, 05:44 PM
I can't help you but *apparently* he said this only if there was no other option and they would be living on the street.

Precious_Diamond
09-Nov-2010, 05:58 PM
I wish I could find the whole fatwa, I can't seem to find it online!

I'm sick of having the same debate with a particular person about this issue. I need to be able to quote the sheikh to prove this person wrong once and for all. (May Allah guide this person (ameen)).

The person I debate with tries to claim that riba is permissible if it's your first home and that a person is neglecting his family if he makes them rent becaue he could die, then how will the wife pay the rent? My argument was, if he died, then how will the wife pay the mortgage? But then the person just went nutso at me, so it's really quite impossible to debate with them or even have a discussion about this topic.

Anyway, the same person is also trying to convince other people to take riba loans for their first home - saying Al-Qardawi has allowed it, so if I can find the fatwa inshaAllah, I'll at least be able to show people that it's not true.

Abdraheim
09-Nov-2010, 05:59 PM
from what ive read on it he stated the absolute nessessity when all other means to find rental or any other accommodation have been exhausted. it was never a free pass to all those half steppers to skip to the bank to buy house after house and blow of any criticism by sayin "qaradawi said its ok!!"

Abdraheim
09-Nov-2010, 06:18 PM
Name of Questioner
Adam - United States
Title
"Necessity" that Allows Buying a House on Mortgage
Question
Dear scholars, As-Salamu `alaykum. Could you please explain the law of necessity concerning buying a house on mortgage in the United States? Jazakum Allah khayran.
Date
22/Aug/2000
Name of Counsellor
Muzammil Siddiqi
Topic
Concepts & Term



Answer


Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother in Islam, we commend your pursuit of knowledge and your keenness to seek what is lawful and avoid what is not. We earnestly implore Allah to bless your efforts in this honorable way.

In his response to the question you posed, Dr. Muzammil H. Siddiqi, former President of the Islamic Society of North America, states:

"The committee of scholars, headed by Dr. Yusuf Qardawi met in Detroit in 1999, issued a statement explaining the law of necessity. You may refer to that. Basically, it says that if a person is not able to rent a suitable house for himself and his family in a proper location or the rent is too high, in that case he can purchase the house with a mortgage. Even in the case of permission, the scholars suggested that one should exhaust all the other possibilities of purchasing the house in a pure halal way. For example, one can make an agreement with the seller to sell him the house at a higher price and he pays the sum of what the house is worth through installments. In the language of Shari’ah, this is called al-bay` bil-ajal (purchase through deferred payment). Or there could be other similar methods that could be used if it is not possible to buy a home in any other way except through mortgage and when one is in dire need, one can take benefit from this permission."

You can also read:

The Scope of “Necessity” that Relaxes the Prohibition of Mortgage
(http://islamonline.net/fatwa/english/FatwaDisplay.asp?hFatwaID=69318)
Purchasing Houses with Usurious Loan for Muslims Living in Non-Muslim Countries
(http://islamonline.net/fatwa/english/FatwaDisplay.asp?hFatwaID=50676)

http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503543464

Ummi_Abdulmalik
09-Nov-2010, 06:27 PM
I've heard it's allowed if it's a necessity, and then some Scholars say that a house is a necessity because Sahabah had houses...

But then I don't think they had the option of renting.

aussiemu
09-Nov-2010, 06:27 PM
assalamu alaikum

I'll see if I can find it but I think there were two opinions of his with the 2nd being that it is permissible in the West with your first home. The earlier one was based on necessity. wallahu 'alam

Precious_Diamond
09-Nov-2010, 06:33 PM
Answer


Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother in Islam, we commend your pursuit of knowledge and your keenness to seek what is lawful and avoid what is not. We earnestly implore Allah to bless your efforts in this honorable way.

In his response to the question you posed, Dr. Muzammil H. Siddiqi, former President of the Islamic Society of North America, states:

"The committee of scholars, headed by Dr. Yusuf Qardawi met in Detroit in 1999, issued a statement explaining the law of necessity. You may refer to that. Basically, it says that if a person is not able to rent a suitable house for himself and his family in a proper location or the rent is too high, in that case he can purchase the house with a mortgage. Even in the case of permission, the scholars suggested that one should exhaust all the other possibilities of purchasing the house in a pure halal way. For example, one can make an agreement with the seller to sell him the house at a higher price and he pays the sum of what the house is worth through installments. In the language of Shari’ah, this is called al-bay` bil-ajal (purchase through deferred payment). Or there could be other similar methods that could be used if it is not possible to buy a home in any other way except through mortgage and when one is in dire need, one can take benefit from this permission."

You can also read:

The Scope of “Necessity” that Relaxes the Prohibition of Mortgage
(http://islamonline.net/fatwa/english/FatwaDisplay.asp?hFatwaID=69318)
Purchasing Houses with Usurious Loan for Muslims Living in Non-Muslim Countries
(http://islamonline.net/fatwa/english/FatwaDisplay.asp?hFatwaID=50676)

http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503543464

You can argue that the rent is too high in Australia! So basically if you follow this fatwa then you can buy your first home with riba?

Those links don't work.

Thanks Aussiemu - I would love to read the whole fatwa.

Abdraheim
09-Nov-2010, 06:36 PM
there were actually a large number of poor sahaabi who had no home other then a small under cover area near the Prophet (saas) masjid known as the saqf(i think) and they were known(the sahabah who lived there) as ashaabul(ahl)-saqf (correct if im wrong)and among the well known sahaabi who were among them was Abu hurayrah may Allah be pleased with him

Ummi_Abdulmalik
09-Nov-2010, 06:37 PM
If I were to buy a house here, I'd go with something that is trying to implement Shariah finance then our 'normal' banks

Abdraheim
09-Nov-2010, 06:39 PM
You can argue that the rent is too high in Australia! So basically if you follow this fatwa then you can buy your first home with riba?

Those links don't work.

Thanks Aussiemu - I would love to read the whole fatwa.

never said i agree with him. and honestly whats to high? one which you cant literally afford or one that will affect your comfortable accustomed lifestyle?

buying a house repayments will be around $1500 or so which is not much different from rent and rent may well be less

aussiemu
09-Nov-2010, 06:49 PM
PD: insha'Allah I'll try to find the actual fatwa as most of the references are based on hearsay when I google. I could be wrong and there may be some necessity clauses.

Precious_Diamond
09-Nov-2010, 06:56 PM
Abdraheim - I meant "you" in general, not you personally.

Yeh renting can be expenive these days, but I figure it's still not more expensive than a riba loan. And even if it was, I'd still rather make that sacrifice for the sake of Allah (swt). It's that whole "rent money is dead money" argument. Fair enough, but riba is harram. It may be harder to rent sometimes but no one said this dunya is meant to be all easy fun and games. Life's a test Alhamdulilah.

Life's so short subhanAllah, go visit Fawkner cemetary, nobody took their houses into their graves with them. I think I'd rather never take that risk of making war with Allah (swt) and his prophet just to "own" a house in this dunya. May Allah protect us (ameen).

Aussiemu - I had so much trouble finding it online as well! You'd think something as well known as this would be easier to find.