Respected Mufti Sahib,
Asslamualaykum Warahmatullahi ! By the mercy of Allah, we often watch your programs on Qtv. You mostly give verdict of the lawfulness of mortgage in non-muslim countries. But here, in UK, we heard from some trustful scholars that mortgage is not allowed and they mention various proofs of its unlawfulness. Kindly tell us the right shariah rulings about mortgage. If your opinion is correct then kindly tell us the answers of the criticisms raised by the scholars?
Answer with the help of Almighty Allah O Allah! Guide me to the right and truth WA alaykum slaam WA rahmatullahi WA barakaatuhu!
All praises be to Allah, the cherisher of the universe and blessings and peace be upon the Chief of the Prophets and Apostles, upon his sacred family, his pious companions, jurists of his nation, especially upon the greatest Imam, Abu Hanifah Nauman s/o Thaabit. Success in hereafter is only for those who fear Allah. O Allah! Show me the right as right and give me taufeeq to follow it and show me the wrong as wrong and give me to taufeeq to avoide it. Ameen by the holy Prophet (blessings and peace be upon him).
I have already read the criticisms of scholars who differ in opinion from Imam Abu Hanifah, and read it again after receiving this question but no criticism is based on strong proofs. However, I will write the answers of all criticisms and it will be clear that the verdict of the chief of Imams, Abu Hanifah is right and in accordance with the Quran and the tradition of the holy Prophet (blessings and peace be upon him).
MY OPINION
Before writing the answers of the criticisms of the scholars who differ with Imam Abu Hanifah, I want to clear that this is a pure scholastic problem and great jurists of Islam have different opinion about this matter. According to some it is allowed earning profit by involving in a formal interest dealing with a hostile non-Muslim (Harabi) and this is the opinion of Imam Abu Hanifah as has been mentioned in the books,
including mutoon .e. primary books, explanatory books and Fatawa books, of Hanafi School of jurisprudence. And on the other hand, this practice is allowed neither with a Muslim nor with a hostile non-Muslim. And it should be known that when a matter is disputed in between jurists (Mujtahadeen) then followers (Maqalladeen) do not need to talk about it. Every follower has right to follow his own Imam. But, now a day, some of the scholars not only try to weaken the opinion of Imam Abu Hanifah without any need and interprete his verdict according to their desires rather they refuse it totally. Therefore, I intend to mention before the people the real opinion of the great Imam Abu Hanifah (Mercy of Allah be upon him).
And I intend also to state the lawful facility for the Muslim brothers living in foreign countries, acting upon the saying of the holy Prophet (blessings and peace be upon him),
یَسِّرُوا وَلاَ تُعَسِّرُوا
“Facilitate the people and don’t put them in problems”
So that they may get houses for them selves by mortgage, according to the facility given by Shariah. As well as, according to my knowledge, the so-called interest money left by the Muslims in their banks is used by Red-Cross for Christian missionary works. Therefore, even if any Muslim does not want to use that money, he must not leave it in the ownership of bank so that it may not be used for the missionary work of other religions. So it is good for them to get this money for other poor Muslim brothers. It should be kept in mind that the purpose of this verdict is not to incite Muslim community to get involved in dealing in usury with interest based banking. In this scenario I would like to clarify that in this age, the economy of a country depends upon its banking system. Therefore, it is advised that if anywhere, there is an availability of Islamic banking than it must be prefferred instead of opening account
in interest based banks. Further if the facility of mortgage can be availed easily through Islamic banking then it should be availed and there is no need to be involved in interest based banking.
PROOFS OF THE OPINION OF THE GREATEST IMAM
Before answering the criticisms against Imam Abu Hanifah’s opinion, I would write briefly only two proofs among many proofs in his favour.
PROOF NO. 1 HADITH OF LA RIBA
Imam Abu Hanifa and other Mujtahadeen have denied the existence of interest between a Muslim and a hostile infidel on the basis of the saying of the holy Prophet (blessings and peace be upon him)
لَا رِبَا بَیْنَ الْمسْلِمِ وَالْحَرْبِيِّ فِي دَارِ الْحَرْبِ
“No interest takes place in between a Muslim and a hostile infidel in Dar-ul-Harab (House of war).
Imam Dhayla’i has mentioned this narration in the book named, Nasbur Rayah, Kitaabul buyua, Baur Riba. And Imam Baihaqi mentioned the same narration with the following wording in the book named, Maarifatus Sunan wal aasaar, Kitaabus Siyar, Babu bai-d diraham bidirhamain fi Ardil harab,
لا ربا بین أھل الحرب
“No usury exists in between the inhabitants of Dar-ul-Harb”
PROOF NO. 2 RIBA OF ABBAS (Allah pleased with him)
Imam Ja’afar Al-Tahavi mentioned this hadith in support of Imam Abu Hanifah, in his book named, Mushkilul Aasaar. I will write it here briefly. Imam Ja’afar Al-Tahavi wrote that according to some narrations Sayyuduna Abbas s/o Abdul Muttalib (Allah pleased with both of them) entered in the fold of Islam at the incident of the battle of Badr and according to some other narrations he accepted Islam at the time of battle of Khaibar. However, in both cases, he had accepted Islam before the conquest of Makkah Al-Mukkarramah. And it is proved from the hadith of Fuzala s/o Ubaid that the prohibition of usury had been enforced at the time of Khaibar or before it. When Makkah Mukurramah was conquered the holy Prophet (blessings and peace of Allah be upon him) delivered a sermon and said,
أول ربا أضع ربانا ربا العباس بن عبدالمطلب
“The first usury which I terminate is our usury, the usury of Abbas s/o Abdul Muttalib.”
These words of the holy Prophet (blessings and peace of Allah be upon him) clearly show that usury was still established in Makkah Mukkarramah; a thing is finished or terminated when it already exists. And the usury of Abbas (Allah pleased with him) existed in that time although he had been a Muslim before that incident. Therefore, it comes to know that in that time usurious dealing was lawful in between Muslims and Non-Muslims, because Makkah was Dar-ul-Harab before its conquest. Therefore it appears that opinion of Imam Abu Hanifah is exactly right. This is why,
before Imam Abu Hanifah, a great Imam named Ibraheem Nakha’i used to say, ((لا بأس بالدینار بالدینارین في
رب)
Fatwa By Mufti AbuBaker Siddiq Ash-Shazli Sahab
