The Social Aspect of ... Date Added: 14-03-2024

Ramadan: The Month of ... Date Added: 13-03-2024

From Etiquettes of Fasting Date Added: 12-03-2024

Tips for Seizing the ... Date Added: 11-03-2024

On the Occasion of ... Date Added: 02-04-2024

The Glad-Tidings for those ... Date Added: 20-03-2024

The Importance of Time ... Date Added: 18-03-2024

Ramadan: The School of ... Date Added: 17-03-2024

Search Fatawaa


Subject : Any Transaction includes the Suspicion of Circumventing in Usury is Prohibited

Fatwa Number : 2823

Date : 30-07-2013

Classified : Usury (interest) &Loans

Fatwa Type : Search Fatawaa


Question :

I used to have a house under construction but I gave it to my wife as gift by waiving it at the Dept. of Lands and Survey. Yet, I wanted to buy the same house from her through one of the Islamic banks and in accordance to Ijarah (the contract of lease ending with ownership). Am I permitted to use this loan for defraying my debts and completing the construction of the house? 



The Answer :

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Muhammad and upon all of his family and companions.

At the moment you waived and registered the house at the Dept. of Lands and Survey to your wife, the house becomes hers and you aren’t permitted to dispose at any amount belongs to the wife without her permission as she is financially independent from you, since Allah, The Exalted Said (What means): ” And it is not lawful for you that ye take from women aught of that which ye have given them;” [Al-Baqarah/229] in addition, the Prophet (PBUH) said (What means): "It is not lawful for a person to take his brother's stick except if he is pleased with such." He (PBUH) said so to show the degree of prohibition on a Muslim to take other Muslims’ belongings unlawfully.” [Related by Ibn Haban].

Therefore, there is no harm if the wife wanted to sell the house to you with her consent yet; this transaction remains reprehensible since it involves the suspicion of circumventing in usury. Besides, every transaction involves the above suspicion is prohibited, in this regard, Ibn Hajar (May Allah have mercy on his soul) said: ” Any sort of selling that have many controversial opinions is reprehensible such as circumventions used to conceal usurious transactions.” [Tohfat Al-Mohtaj vol.4 pp.323].

In conclusion, it is reprehensible to take your gift back whether this was through selling or by any other mean. And Allah knows best.

     






Comments

 

Name *

E. mail Address *

Country

Comment Title *

Comment *

Captcha
 
 

Warning: this window is not dedicated to receive religious questions, but to comment on topics published for the benefit of the site administrators—and not for publication. We are pleased to receive religious questions in the section "Send Your Question". So we apologize to readers for not answering any questions through this window of "Comments" for the sake of work organization. Thank you.