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The
question:
I am the father of ten children and have been living in my
wife's mother's house for twenty years. The house has one room and a kitchen. I
have applied many times to official authorities for a house but in vain. A
friend of my son suggested that my son give him a plot of land which the
National Reserve and Saving Fund (CNEP Bank) undertakes and finance by giving a
credit that the beneficiary will pay in installments with interests.
So,
what is the ruling concerning such act, taking into consideration the living
conditions of the family. May Allah reward you with good.
The answer:
All praise is due to Allah, the Lord of the Worlds. Peace
and blessing be upon whom Allah sent as a mercy to the Worlds, upon his Family,
his Companions and his Brothers till the Day of Resurrection.
Loaning from banks or from similar current monetary
establishments which are based upon usurious transactions is absolutely
forbidden, as the Quranic verses revealed on this kind of usury of debts
stipulate. In fact, Allah  warned those who deal in usury of war, from Him
and His Messenger. The prophetic hadiths which warn against usury are also numerous.
However, this kind of absolute forbiddance is allowed by
scholars in case of an occurring necessity or extreme need which pushes to do
such act, after the impossibility to find other issues in order to get out of
this situation of financial embarrassment and social discomfort, like the fact
of providing food for oneself and one's children in order to push away famine
from them and providing clothes and shelter for protection and the necessary
treatment in which there is a fear of illness aggravation if the ill one is not
treated immediately, or other cases in which the person reaches a situation
which, if not taken into account, the person would be certain or would fear that
his necessary interests which lie in the preservation of the five vital
necessities
will be lost, but with the condition that the necessity be really existent, not
fictive or probable.
As for the necessity, it is for the concerned person to
judge it according to his faith. If there is necessity, the ruling of
forbiddance becomes cancelled, but just in such a way that he pushes the
necessity, according to the rules which are based upon the texts of the Sharia
like: "Necessity makes forbidden things permissible" and the
rule: " A restricted situation requires facilitation" In
accordance with Allah saying:
﴿وَمَا جَعَلَ
عَلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍ﴾ [الحج: 78].
The meaning of the verse:
﴾and
has not laid upon you in religion any hardship﴿ [Al-Hajj (The Pilgrimage): 78].
And the verse:
﴿مَا يُرِيدُ
اللّهُ لِيَجْعَلَ عَلَيْكُم مِّنْ حَرَجٍ﴾ [المائدة: 6].
The meaning of the verse:
﴾Allah
does not want to place you in difficulty﴿
[Al-Mâ'ida (The Table Spread with Food): 6].
Moreover, I will not forget to mention that the necessities
and cases of need, which are duly considered, should be evaluated in a proper
manner, following the rule: "Necessities should be evaluated in a
proper manner" and the rule: "If there is ease, the
restriction comes back" and the rule: "If the danger disappears,
the interdiction will become effective".
Finally, if the person does such act, he should however
condemn it and be incensed, without willful disobedience nor transgressing due
limits. Allah is, certainly, Forgiving and Merciful.
Allah knows which is correct. And over every lord
of knowledge there is one more knowing. Our last prayer is all praise is due to
Allah, the Lord of the Worlds. Peace and blessing be upon our Prophet , his Family, his
Companions and Brothers till the Day of Resurrection.
Algiers,26 Sha`bân 1415.
Corresponding to: January 28th,1995.
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