Took a usurious loan to buy land thinking it was a necessity

20-1-2008 | IslamWeb

Question:

Assalamu Alaikum Wa rahmathullah...... I have bought a land adjacent to my home in order to open a way to the public road and for other uses from one of my neighbours with a coast of RS 200,000 bank loan and i paid back the money to the bank RS 250,000 eg SR 50,000 interest. I was aware about the interest and i did it in a compulsory situation eg: 1. I dont have a proper path to get my home without this land. 2. if i dont take this land the landlord will give to someone else who might highly increase the cost of the land later since it is very close to my house and the frontside of my home and only the access to the public road. Now my question is what is the islamic of view of this land? can i use it for building a house in it? Can i use the trees or fruits that grow in this land? please Advise. Jazakumullah Ahasanal Jazah.

Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

 

It is forbidden to borrow money with Riba (interest and/or usury) as it entails facilitating it for others to consume. The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “Allaah has cursed the one who consumes Riba (i.e. usury or interest), the one who gives it to others, the one who records it and the one who witnesses it (its transaction).” He  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “All of them are equal in sin. [Muslim]

Dealing with Riba, either consuming it or giving it to others to consume it, is one of the grave major sins which one is not permitted to commit except in case of dire necessity. What you have mentioned is not a necessity; a necessity is when one reaches the extent of death or nearly so if he was not to consume what is forbidden and be faced with a hardship that is usually unbearable.

Therefore, you should know that it was not a necessity for you to have access to the main road if you have another access which fulfils the purpose. Similarly, it was not a necessity to buy the land with a higher price than its normal price.

Hence, you should repent to Allaah from this sin and be determined not to do this again.

As regards the purchased land, you are permitted to benefit from it by building on it and the like, because the sin you committed when you bought it is not related to the land itself but rather your action. Therefore, it is your property and you can use it as you like, just like all other wealth which you possess.

For more benefit, please refer to Fatwa 92668.

Allaah Knows best.

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