Different views about Riba
Fatwa No: 85241

Question

I would like to know the reason for the different views concerning Riba in order to get a house. Some Ulamah allow Riba as Qaradhawi , and others forbid it.

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.

 

Prohibition of Riba (usury and/or interest) is proved by the Quran, the Hadeeth and the consensus of the Muslim scholars. This is a general ruling and whoever believes that some kinds of Riba are out of this ruling should bring his evidence.

Therefore, the scholars from the Maaliki, Shaafi’i, and Hanbali Schools of jurisprudence, and Abu Yousuf from Hanafi School, are all of the opinion that dealing with a non-Muslim in a Dar al-Harb (a country that is in war against the Muslims) is also forbidden.

Imam Abu Haneefah and Muhammad ibn Al-Hassan believe that it is permissible for a Muslim to deal with Riba with a man who is at war against the Muslims in the Land of War. They based their opinion on the evidence that cannot support their opinion and does not have weight compared to the proofs of those who forbade it. Also, such a weak evidence cannot contradict the clear texts of the Quran and Hadeeth. Those who permitted Riba in the Land of War relied on the Mursal Hadeeth of Makhool who said "There is no Riba between a Muslim and a Harbi in Dar ul-Harb." This is a weak Hadeeth.

The contemporary scholars who have permitted mortgage adopted the opinion of Hanafi School and also say that necessities know no limits.

However, we believe in the principle that necessities know no boundaries but every necessity has its limits and restrictions, and we believe that those who deal with such transactions do not meet those limits and restrictions.

Allah Knows best.

Related Fatwa