Father Bought a House with Riba-Based Loan
Fatwa No: 384670

Question

Assalam u Alaikum wa Rahmatullah hi Wa Baraktuhu.My question is regarding riba and its further consequences. If ones father has purchased a house and taken a mortage for x amount of money for a 12 year period approximately and on that there is a 2.7 percent cost of borrowing or interest rate as is supposedly written on the monthly bank statement bills this is riba right? Note: there is no neccesity of owning a house as thr family is Alhamdullilah financially well off and can afford rent. Secondly if a 15 year old person is living in the house and goes to school and lives with his parents in this house than what are the restrictions on him. Is he allowed to use the appliances in the house such as water and more and is he allowed to live there or is he recommended to move out. Furthermore if using such appliances is allowed would it be Islamically better to refrain from using except in cases of neccesity or can he use the appliances such as water, washing machine, shower, and etc. without any fear of doing something disliked and that is permissible. Note: the appliances such as water, electricity, and gas bills are told to have been payed with completely halal income and the only dirty transaction would be of this riba house. Would it be better to buy water from the stores instead of drinking at home.JazakAllah

Answer

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

It is not permissible to buy a house with a Riba-based loan. Naming the Riba-based interest as cost of borrowing or anything else does not change its ruling. Therefore, if the father was not in a dire need to engage in that transaction, then he should seek forgiveness from Allah for what he had done and be determined not to return to it again.

The prohibition of the Riba-based loan is related to the person who had taken this loan, and not to what this loan was spent on, like a house or anything else. Therefore, there is nothing wrong if the son, or anyone else, uses that house, because the prohibition is related to the person who borrowed the money, and not to the thing on which the loan was used. The house is the property of the father.

As regards the appliances in the house, water, electricity and gas, then this has nothing to do with the amount of the loan that was used for buying the house, as you mentioned.

In any case, there is nothing wrong in making use of the house and its equipment and appliances, and you do not have to limit yourself to the necessity or need. Rather, you may make use of them in a lawful manner without any harm at all.

For more benefit, please refer to Fataawa 124015 and 102369.

Allah knows best.

Related Fatwa