Reluctant to live in an apartment her husband bought with Riba
Fatwa No: 124015

Question

Salamu alaykum wa rahmatu Allah, I am muslima married with a german man convert to islam since 15 years, our dauther Salma is 12 years old. During all these years I had no problems with my husband, but now he wants to buy an appartement from his brother who sells the appartements with credit with riba. I told him I shall not live with him in that appartement. Now he is thinking about divorce but I love my husband and I do not want that my daughther stay without father und specialy in her age. Me und my husband are doing all our islamic duties alhamdulillah : praying fasting I have hijjab etc... If I avoid divorce und stay with him in this appartement, is that my sinn ? Allah (swa) will punish me even if I am not agree with him? May I stay with him in this appartement because a part of this appartement is buying with halal money? I dont want to lose my husband, please give me your advise is it urgent. Wa jazakumu Allah khayra.

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.

 

We did not clearly understand what you mean by his brother selling apartments with credit with Riba (interest and/or usury). If you mean that he will sell him the apartment by installments at a higher price than the price of purchase, then this is permissible provided that the sale is done with a definite and known price that does not increase. However, if you mean that he will give him a loan with Riba so that he would buy the apartment, then this is not permissible. We have already clarified in Fataawa 86701 and 82102 that it is forbidden for a Muslim to deal with Riba in order to buy a house or anything else except for a necessity.

In this case, you should advise your husband about this matter in a soft and gentle manner, then if he takes heed, all praise be to Allaah, otherwise, you would have done your duty and you will not be sinful.

Moreover, it is permissible for you to live with him in this house because it had become his property, because he is sinful for the loan with Riba but not for living in the house which he bought.

Allaah Knows best.

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