Question posed to Dr. Bilal Philips in the course Hadeeth 102 in Module 4 at the Islamic Online University.
© Islamic Online University HAD 102
Question: A particular individual with the name of Taahir Qadri has shared a fatwa that it is okay to buy a house on a mortgage in North America.
Answer: What if he had also said, “It is also okay to go to a bank, take loans and pay interest” is it also okay if you are in a non-Muslim country, to give loans and collect interest? If he had said, since in North America alcohol is halal (permissible), is it okay to drink also, what do you think? Will you listen to him? You understand the principles here. When just simply because one says it is haram (prohibited), we don’t say it is okay if Shaykh Taahir Qadri said it is okay, so it should be okay. No, Allaah is going to ask you on the Day of Judgment why you drank alcohol. And will you say, “It is because Shaykh Taahir Qadri said it?” Do you think Allaah will accept that excuse? Never. When Allaah has said in the Quran that He has cursed interest and you know that a mortgage is based on interest. You know that it is cursed. He also forbids pork but He said unless you are forced by necessity. How can you be forced by necessity to eat the pig? If the local inhabitants come with the gun to your house and say that you have to eat the pig? No, they are not coming like this. So how is it that you are going to be forced by necessity to eat pig? It is only if you are starving to death. If you are travelling in a ship, and the ship crashes, and lands on the shore, and at that place there is no food available, and there is only pig to eat; at that time, you can eat it. However there are rules that should be followed such as that you should only eat the portion necessary to live. You don’t just say since we have pigs, we can have a big feast now. No, you only take what is necessary. So the principle in Shari'ah (Islamic Law) is that we are allowed to take haram (prohibited) substances only when our lives are threatened, but that is conditional that the haram (prohibited action) we do doesn’t threaten other people's lives. Do you understand? There are some conditions to be followed. It is because you are starving to death, that you can now do haram (something prohibited). But there are conditions to be followed. And when you are doing these, you are not harming anyone else. So when you are starving to death, then you can eat pork. But if you don’t buy a house on a mortgage, (and as a result) you will be left outside in the winter in two to five degree weather, and you and your family will die, then it is yes, and you can get the mortgage because without the house, you will die. Is that the case? No, that is not the case. You can rent and you have the option. So long as you have the option, then no one can make it halal (permissible) for you to buy a house on a mortgage. It is no matter what kind of reasoning they bring into it. Then know that it is false, because you are not in the situation of dire necessity, known as “dhuroorah.” It is a matter of life and death, or if you don’t do it, they will cut your foot. If you are not in that state, then no matter what they say, it doesn’t matter. Prophet Muhammad (peace and blessings be upon him) has said in one hadeeth (narration) that, “Sin is what remains in your heart which you are uncomfortable with and no matter what fatwas (religious verdicts) are made” here and there, the one you feel in the heart. And you have read those verses.
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