In Need and Wants To Borrow from A Commercial Bank
Fatwa No: 409138

  • Fatwa Date:15-12-2019 - Rabee' Al-Aakhir 18, 1441
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Question

My family is in dire need of money to pay for schools and rent and essential things that dont involve food and clothing, i have tried to get a loan from islamic financing firms but had no luck at all. In the end my bank agreed to give me the loan i need to fulfill these pending issues, but one problem is that my bank is a commercial bank and not an islamic bank, i have postponed the loan until i get a fatwa on what to do in this dire need, but im running out of time. I would appreciate your help in providing the information that keeps me from falling in haram for me and my family. Jazak allah khair

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.

The commercial bank only gives a Riba-based loan, and dealing with the bank in such a transaction means partaking in Riba, which is serious matter. A Muslim should think about the consequences (of such dealings) and should not engage in this transaction unless he is in necessity or dire need, or a need that is considered as serious as a necessity.

Much of what people call a necessity, when we contemplate it, is found to not be so. Rather, it does not even reach the level of a need (let alone being a necessity).

Also, some people do not exhaust all the permissible means of searching for what is lawful and claim that there is no way or solution except by indulging in Riba. If they seek what is lawful, they will find that there are many lawful ways, but Satan blinds them from that, and adorns to them what is forbidden so that they fall into the trap of Riba.

In any case, what you mentioned in the question is general, and if we assume that you have no way to pay the rent and other necessities other than engaging in that transaction, then there is no sin on you, Allah willing; Allah Says (what means): {But whoever is forced [by necessity], neither desiring [it] nor transgressing [its limit], there is no sin upon him. Indeed, Allah is Forgiving and Merciful.} [Quran 2:173]

Finally, we advise you to consult the scholars in your locality so that they can ask you about what the details they must know before they decide whether or not you are in necessity, and whether you are allowed to engage in such a transaction.

Allah Knows best.

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