Dar-ul-Ifta Ahl-e-Sunnat
Fixing a percentage rate on a loan?
Question: What do the religious scholars and muftis say about the following issue: a housing finance scheme has been launched by a house building finance company to provide houses to people with a low and average income, in which a loan of up to Rs. 4,500,000 is being given for the construction and purchase of houses and flats, and the repayment period is up to 20 years. The interest rate has been fixed at 12% which the borrower has to pay in addition to the original borrowed amount. For example, if someone has taken 1 million Rupees from the company, he will have to pay an additional Rs. 120,000. What is the Islamic ruling regarding this scheme? Can we take a loan under this scheme or not?
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
The scheme mentioned in the question is interest-based, as the additional 12% fixed by the company is a conditional profit on the loan and according to Islam, the conditional profit on a loan is usury; just as it is unlawful (Haraam) to take receive interest, it is also unlawful to pay interest and to form an interest-based agreement without valid extenuating circumstances. Hence, it is not permissible to take a loan under this scheme. However, if a person is really in need, that is, his need is such that even Islam recognizes it as a need, and it is not possible to solve it without an interest-based loan, then he will be allowed to take an interest-based loan according to his need.
A house for residing which protects one from cold, heat, etc. is a human need. If one does not have a house to live in and does not have other means to buy a house suitable for living, and if he is not able to get a loan without interest from anywhere, then in this case due to having no other choice, it will be permissible for him to take an interest-based loan for a residential house. Likewise, if there is a house but it needs construction, e.g. it has no roof or windows or doors through which protection can be sought from cold, heat and theft, then even in this case, one will be allowed to take a loan with the above conditions.
However, if there is a house which fulfils the need, but there is a desire for a bigger house, or one wants to paint the house, add tiles, decorate it with marble, etc., or he has jewellery, etc., by means of which he can meet his need, or an interest free loan is available from elsewhere, then in all these cases, it is not permissible to take an interest-based loan.
Important Note: Recognising a valid Islamic need is not easy for the public due to their lack of knowledge. A reliable Mufti must be consulted who will be able to guide you. Otherwise, there is a strong likelihood of falling into sin as many needs which the people consider as needs are not actually classified as needs and taking an interest-based loan for them is forbidden.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Answered by Abul Hasan Zakir Hussain Attari Madani
Verified by Mufti Fuzayl Raza Attari
Rejoicing on the last Wednesday of Safar?
Question: What do the noble scholars say about the following issue: some people carry out a specific belief regarding the last Wednesday of Safar. They cook delicious food on this day and in particular, they cook bread-based sweet dishes (choori) on this day, believing that the Beloved Prophet صَلَّى الـلّٰـهُ عَلَيْهِ وَاٰلِهٖ وَسَلَّم regained health on this day, and the companions celebrated that by preparing delicious food. Please state the ruling on doing so with this belief in mind?
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
There is no veracity in this belief and there is no evidence of the recovery of the Beloved Prophet صَلَّى الـلّٰـهُ عَلَيْهِ وَاٰلِهٖ وَسَلَّم on this day. In fact, it is related that the illness which led to the passing of the Beloved Prophet صَلَّى الـلّٰـهُ عَلَيْهِ وَاٰلِهٖ وَسَلَّم began on this day. Therefore, this belief of the people, making good food, crumbled bread in particular and rejoicing based on this is baseless.
Written by Mufti Fuzayl Raza Attari
Forgetting to recite a Surah after Fatihah in Salah?
Question: What do the religious scholars and Muftis of Shari’ah say about the following issue: if one forgot to add an additional Surah or verses after reciting Surah Al-Fatihah which is essential (Wajib) to do and instead remembered in Ruku’ for which the ruling is that he must return and complete the recitation, what is the importance (of this returning), as in is it necessary and Wajib to return or not?
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
After the Fatihah, where it is Wajib to recite the surah, if it is not recited by mistake and is remembered in Ruku’ or Qawmah, then it is Wajib to return, recite the Surah, redo the Ruku’ and perform the prostration of forgetfulness (Sajdah al-Sahw) at the end. This way, the Salah will be complete. Whereas, if one does not return, despite remembering it in the Ruku’, then it will be necessary to repeat the Salah due to deliberately leaving out an essential (Wajib) act, and the prostration of forgetfulness will not suffice; and be mindful that if one does return, but does not repeat the Ruku’ after completing the recitation, then the Salah will be null and void because it is obligatory (Fard) to perform Ruku’ again.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Answered by Abu Muhammad Muhammad Sarfaraz Attari Madani
Verified by Mufti Fuzayl Raza Attari
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