The conclusion begins at 1:20:00, and also includes an additional caveat at 1:24:04. If you don't want to listen to those segments here's a summary of the conclusion: A Muslim should avoid conventional financing, and instead use Islamic financing if they have a need, even though as it currently stands islamic financial solutions still have problems. If they can not find a islamic financial solution, and they have a *strong * need, then they should consult with a local scholar on whether conventional loan is appropriate for them due to their special circumstance. In general, we should patronize islamic financial institutions over conventional ones, because we want them to grow in size, so that they can have the power to provide us with more favorable contracts from a Shariee' perspective. At the end of the day, the situation we are in now where the global financial system prevents true islamic offerings from taking place, even in muslim majority countries, is no ones fault besides ours as a ummah. [I tried my best to provide a summary, but any mistake is my own, and you should refer to the actual video]
Thank you that is enough summary may allah reward you for it.yes conventional finance is not ok unless they have fixed loans that does not fluctuate with interest some banks in the west do that. Also there islamic financial institutions that use sharia compliance mortgages with mushaarakah.
Subhanallah,finally a very useful and to some level a complete discussion of permissability of Home Finance options for Muslims. I have waited for this video for many many years. YQ mentioned in the beginning that reluctance of scholars to give fatwa on this matter, which was interesting to know.
What is a ‘dire necessity’? This is the main question. Never have i heard a real life example what would be a necessity. This is the biggest question first
In the opening, I was so excited that finally we have a discussion on this sensitive issue. But as the video progresses, it becomes a bit confusing. If buying a laptop with a time value of money does not fall under Riba, why does buying a house do? Or did I misunderstood? Isn't house also a commodity? I live in Finland and we don't have any Islamic financing here. I pay 1000e rent per month. Isn't it oppressive that I will get nothing in hand after 20 years of renting? But if I buy a house with normal bank loan and pay the same amount of 1000e to the bank, I may end up having some savings. How does the condition of Riba apply in this case? The wisdom behind prohibition of Riba was to save the needy/poor people from the oppression of rich. Isn't so? Now in the current times, landlord is more oppressive than lender (the bank). No? Please correct me. I seek guidance from Allah.
When a renowned and influential scholar like Shaykh Yasir Qadhi can't clearly state about halaal or haraam I wonder how my modest local masjid Imam will say anything different. We need to ask Islamic Scholars living in west if they own home and a car. If yes then how did they buy it ? If they used Islamic Financing options then which one did they use ? Do they send their kids to college ? If yes then did they do so after taking education loans ? Do they invest in stock markets ? If they do then how do they pick and choose stocks and investment options. In short scholars should take a lead and instead of simply terming things as haraam should set an example of how to navigate thru this maze in western societies. Especially scholars who charge several thousand dollars for attending fundraising events and enjoy trust of the community across USA and around the world should do their bit. It is good to see Shaykh Yasir Qadhi doing this discussion which a welcome change. Even after having 3rd or 4th generation of muslims in USA most of the discussion about Halaal and Haram is still about trivial and no brainer issues like eating at McDonald or Subway and not on serious issues.
I cannot answer all your questions but the reason the laptop is a different argument is because the deal is between the seller and buyer. In a conventional mortgage, it becomes and issue because the bank is a middle man in the agreement and the seller gets all the money at once. So the type of transaction is different.
@@Bokehmo I agree to both comments above. But I still believe that our scholars are afraid to talk about this issue. They literally fetch the the term Riba from Quran/hadith without considering its essence, and label it on all transactions in which a third party is involved; because they want to save their own neck. In the current times, renting a house is more oppressive than buying. The bank also takes a risk of devaluation of money over 25 years loan period. It simply cannot be without earning the profit and that profit is earned in the form of interest. This interest does not fit the ruling of Riba described in Quran, which was used at that time by rich to make the needy and poor their slaves. Quran is full of wisdom, but its sad that our scholars become paranoid and do not see that wisdom in this specific case at least. Having said that, I seek Allah's forgiveness and I ask for clarity and guidance from Him. Ameen
There is hadith of the prophet (PBUH): Abu Huraira reported: The Messenger of Allah, peace and blessings be upon him, said, “A time will come upon people in which they will consume usury.” It was said, “All of the people?” The Prophet said, “Whoever does not consume it will be affected by its dust.” Source: Musnad Aḥmad 10191 So if the prophet is true (and he is) this is the time when riba is everywhere. And if people think this is not the time then it means that time is still going to come (which then seems highly unlikely that what actually riba look like). You need to understand the way system generates money as debt when someone takes a loan, because this causes the bank to generate money out of thin air, causes inflation and steal away the value of people money. So, if you are taking loan (even so called islamic loan) to buy house, you are actually stealing away the value of money from all the people in the society. Now if everyone is doing the same then they are all equal in crime. But there will be people like me, who are still trying our hard to save for years to buy the house without getting involved in riba and our value of money is keep stealing away from us by the people who take loan and they will be at the day of judgment will be responsible for this crime and have to give away their good deeds in return for this theft. If you can live with this then please go ahead. People need to understand what is need and necessity. A house is a necessity but you can live with a $200K condo as well (that you can buy with cash) and it will fulfill your necessity but we use that $200K towards the downpayment to buy a big house around $1M to fulfill our necessity (and still want to be with the prophet and the sahaba at the day of judgement but don't understand what sacrifices they give for their iman and what sacrifices we are giving for our iman).
Jazakom Allahu Khairan to both of you for the huge effort and time in explaining this issue. I respect how you explained the positions from both sides of the argument, and not just one. It helps us the lay muslim understand this better and make an informed decision instead of being biased on one side only whichever it may be.
As Sheikh mentioned, most of our "sharia compliant" financiers would actually sell our debt to some bank, due to lack of funds, as is the case with my mortgage --- I went with an Islamic Financing institute (not going to drop any names), with the partnership model --- their "profit rate" was way higher than any convention bank's APR, and found out after 2-3 years that they actually sold my debt to U.S. Bank. May Allah forgive me and all of us, and help us out of these difficult situations. Ameen. JazakAllah for this discussion.
Excellent video. Very timely for me and a lot of people I know is west. JazakAllah khair Shaikh Hatem, you are amazing. Love your knowledge and your approach to explain such a complicated topic.
I have literally been waiting for this video for years. Brother yasir can you please upload a video summarising this video.No disrespect to respectable honourable Dr hatem but I found it hard to understand him. I hope this reaches sheikh Yasir.
SubhanalLah! Syed, you are an example in humility and modesty. Even though you provided such a beautiful summary yourself, you are referring the brother to another person’s summary, which is also a good summary anyway.
First of all, jazakumullah khyrn shyookh. I have one point: Sometimes, in the discussion, it comes up that it is an advanced concept or too technical, so we are not presenting or discussing this here. However, I would think those technical and advanced topics will help us understand the subject better, so please go into the details. Many of us are here to know the topic in detail and not just superficially, so please do not stick to the high-level content, but please go deep into the subject if and where needed, or at least refer to articles or books that we can refer to. JazakAllah khyrn
Thank you to Dr. Hatem Al-Haj. It is crucial for Muslim Americans to grow stronger and become a model community here in the US. This is accelerated when a community is financially strong. The reality is this; without owning homes we loose our ability to develop generational wealth. Generational wealth cannot be achieved when you're renting. The math is clear on this. If we have an Islamic alternative to conventional riba-based mortgages we should use it. Dr. Hatem is providing guidance along these lines - the leading alternative today is the Musharakah model. AMJA has deemed this structure the most permissible and the first organization that has developed it is a Muslim-owned organization named Guidance Residential. They are legitimate in many ways and are not the pawns of Riba-based bank as is the case with other providers. In other words, they are not wolves in sheep's clothing.
Yes you are correct about it. Islamic financing in its current form is not halal (and a backdoor Riba) and has stopped the way for a true halal/Islamic finance solution because now there is no need for the scholars and the Islamic finance companies (like Guidance etc.) to explore the solution further since 99.99% of the Muslims (who consider conventional banking haram) are now buying houses via so called "Islamic finance solution". And there are 0.001% who don't want to get involved in any Riba whatsover and they are such a minority that there is no need to further improve the current offerings to go towards 100% halal/Islamic finance solutions.
I'm by no means a scholar but here's my two cents. I'm choosing to err on the side of caution because of the severity of the sin. I'd rather rent and lose out in the dunya than jeopardise my hereafter.
providing a safe shelter for your wife and family is one of the basic responsibilities of a man. be sure about what you are going to do will affect your family and jeopardize one of your fard responsibility.
@@sheikhmd.salman9692 Nicely put. For years I avoided it and decided I will continue to rent and just work for the money and eventually buy a house when I'm an old man. But no, I'm done with that mindset. My responsibility is to take care of my family, I will get a mortgage, put them in a decent house and I am happy to work to pay the house off. If I agree with a sum for the house, then I simply have to pay it off.
Thank you all for the video. but for those who’s English is the second or even the third language it’s very difficult to understand sheikh Hateem, considering he is using technical language. Short video summarizing the lesson will be much more appreciated.
Asslamu Alaykum, brother yasir I always follow your lectures. From last couple of days i was actually looking for lectures or opinion about ruling of interest backed mortgages. Actually, I am surprised that you are talking about this. Jazakallah Khayir.
wow, the concept of Darrurah and Hajjah really expanded this topic so jazakhAllah khair to both sheikh's. It really is a dense topic that requires sincerity in approaching it Only you can know in your personal lives if Hajjah overcomes you in regards to housing. If you go straight to conventional mortgage without attempting renting, islamic mortgage or social housing than you may be at fault and you cannot hide the sincerity of your actions from Allah azawajal. It is all about sincerity like the rest of our religion is, may Allah make it easy on us all and find us a way out. I am of the opinion of Dr. Hatem El Haj and plan to avoid conventional mortgage inshaAllah
Assalamu alaikum Sheikh Qadhi and brothers, Thank you for making this video, was literally waiting for your response to this issue. Sheikh, if you kindly make a 10 minute video, just to summarise as highlights of this discussion, would be very kind of you. Brothers did a good effort in writing down the summary in comments section but if it comes from as a video would be more easily accessible. Jazakallahu khairan.
Salaam from Nottingham Uk, my situation is as most of our brothers and sisters that we have normal mortgages from the Uk banks and live in guilt for all our lives that we are paying interest on our homes so there is no way out, of course there is a way out to live on rent and then there is student loans for our kids to study and progress and of course we can choose not to take student loans then we keep living in that same circle and never achieve higher education etc May Allah SWT help us to correct our affairs Ameen
Salaams, please be careful of the red herrings often touted about to make you feel helpless and boxed in with no choice but Riba. Student Fees are currently = 9k per annum. Why is the Riba option preferred over taking a year out and working ? Then during the actual course working part time ? Degrees were much harder years ago and most of those graduates worked part time whilst also being recipients of grants and zero tuition fees. There is also the option of open university, a internationally recognised institution which allows you to study from home. You can work and study at the same time. Bottom line is there are big financial institutions who for the past 2 decades have been working behind the scenes to tap in to the Muslim market. They are slyly endorsing and advocating their positions via sellouts, whom have sold out the ummah and are dressed as wolves in sheep's clothing. Even in the comment section we will have random people giving anecdotal stories justifying riba and confusing the ummah. A spade is a spade, these people will use linguistic gymnastics to twist and spin their way in to making us believe that it is in actual fact X,Y or Z.
P.s Open University charges £6k per annum if you opt for like for like credits. They also offer a longer study period reducing the annual costs, whilst keeping the total course cost the same.
Assalamualaikum brothers and sisters. This is very well worth watching entirely with a very understandable conclusion. May Allah help Muslim community to grow and develop their capability in this regards. Jaza K'Allah khair.
The topic is very complicated not due to any alleged "ambiguity" in Quran or Sunna, but rather because of the conditions that some muslims face when it comes to starting a business or buying a house. Also some "needs" are lesser or greater in the eyes of different people. Friends who are doctors and devout muslims and don't have a backround in entrepreneurship or business are quick to condemn muslims who are and trying to get the capital needed. Also not all European Countries have islamic alternatives (Austria for example where I live). At the same you shouldn't take your own need and bias to the table to discuss this, if you have already made up your mind about it. Anyone who genuinely tries to understand both side of the spectrum from an islamic and economic perspective will see and understand why Sheikh Yasir Qadhi and Dr.Hatem are so extremely hesitant about this. If it was a clear cut issue, it wouldn't be over an hour long. As for those saying "Well if there's doubt, just leave it be and be on the safe side", yeah maybe to you it's that easy. You can't project your own situation to others. That's like saying to a sick and depressed person "Hey just lighten up man, don't let your head down". Easy to say if you aren't in someone's shoes. And I am not talking about muslims who are about to become homeless, but like Yasir Qadhi said, some middle class muslims might see it as a bigger need than others. In the end, I see Dr. Hatems Advice to seek out local scholars, who are well versed in the islamic jurisprudence fiqh, understand the local situation, as well as are well versed in economic issues, to get their advice and consult one's own heart. Making your own research, seeking these scholars out and take the time to really make a decision on this, is the utmost responsibility a muslim should take and even then not flaunt with it until a suitable alternatives comes along or maybe take it upon oneself to pave the way for future generations. At least that is my opinion
ASA, aH, JAK for the great insights. I have a series of follow-up questions: Under what conditions does that Maliki view of the hadith mentioning gold, silver, and the four other commodities, hand to hand, etc, make ribaa not a thing nowadays, and why would that be bad? Presumably, a world that perhaps doesn't indulge in as much ribaa anymore, would be a great thing. Furthermore, it would be nice to examine the other interpretations of that hadith, provided the mA very advanced and efficient current-day economic system. I also had a separate question: What if, substancially, the current banking system is more efficient and cheaper, and better for consumers, and interest rates are low, but for some reason it doesn't match up with "shari'ah" in form? On the other hand, what if the islamic banking alternatives charge people oppresively high rates? Another question: If it's good to support muslim businesses, and since islamic banking still has a long way to go, why don't muslims open traditional banks that conform to muslim values (perhaps taking a stand agains businesses and people who directly support haraam things: drugs, immoral content, gambling, usury -- which is a form of ribaa, but ribaa is more general, as discussed in this lecture)? On that note: What constitutes usury (according the reputable imaams)?
As muslims when we decided to settle in these lands that is governed by the non-muslims, we placed upon ourselves the burden of living with the consequences of being here. If we want to live here and enjoy the opportunities that we get here, then we must be ready for the consequences of living here. We cannot try to change our religion to fit the west, rather our lives in the west must fit our religion. Allah mentioned the way bani Israel acted when they settled in non muslim lands in Surah A'raf: *"And We divided them throughout the earth into nations.* Of them some were righteous, and of them some were otherwise. And We tested them with good [times] and bad that perhaps they would return [to obedience]. And there followed them successors who inherited the Scripture [while] *taking the commodities of this lower life and saying, "It will be forgiven for us."* And if an offer like it comes to them, they will [again] take it. *Was not the covenant of the Scripture taken from them that they would not say about Allah except the truth,* and they studied what was in it? *And the home of the Hereafter is better for those who fear Allah,* so will you not use reason?" Surah 7:168-169 These verses explain the situation of modern muslims in the west, always going into sinful matters and claiming "Allah will forgive". How do they know that Allah will forgive them for that? Allah has criticized this way of thinking.
A lot of us didn’t choose to live in these western worlds. Many of us have been born and raised here. This is the only home we know and going back to our “motherland” is not possible nor practical. Just trying to give another perspective because it’s not as black and white as it may seem.
@@sabahmansoor4820 salaam, I am also born in the west. That is not an excuse to stay if it becomes difficult for us to practice Islam. Allahs messenger was born and raised in Makkah and he loved the city but Allah commanded him to leave when it became difficult for muslims to live there. Saying its impossible to go and find a living in muslim countries is just not true. There are many majority muslim countries that give people citizinship.
Brother, haven't even read your whole thing but... did you know that in most "muslim countries" most people buy houses with Riba (via the bank), maybe Saudi Arabia and a few others are the exceptions but all other countries with majority muslim populations still do Riba and don't have choice for "islamic" mortgage Your comment is quite misleading, riba is part of how the modern economy works, it's everywhere IN MUSLIM COUNTRIES.
According to Islamic finance: you can't sell something you doesn't own. First buy the item than sale it, however, in mortgage banks they don't buy the property but they finance it. The only way that it may become acceptable is that they should buy the property than added acceptable profit and fixed the entire period someone may agree.
The beauty of this lecture is that it's an introduction into this whole mess. They had many good points, but yeah, it's still not satisfying to me. They skipped some obvious questions to refrain from going into too much depth or taking too long. Probably makes sense to work toward eventually picking up books from the scholars and gaining more depth, if we can somehow get to that level, iA. As was mentioned, a big take-away is to listen to your heart during the whole process. I mean, while we're still figuring things out, do we really need to rush into buying a house? Is there really a need? One flaw I noticed with some of those islamic financing contracts that Dr. Hatem El Haj talked about was that they don't allow you to sell early, so for instance, if you make a decision, then learn more over time and realize that actually ribaa means something else perhaps under some specific cirumstances, it would be hard to sell the house and switch to the better way of financing that you might realize at some point.
I am so uncomfortable to talk about Riba as well. I am so scared of it. I bought a very basic and inexpensive house in UK. Before Buying I spoke to my local Imam and he said European and North American Fatwa council both approved conventional mortgage on condition. First condition is where islamic finance is not accessible and second condition is a basic and inexpensive property only for living. However, most of our brother and sisters look for a bit expensive and posh house. I could be wrong and May Allah forgive me and all of my Muslim brothers and sisters.
You want peace of mind? Rent! What's a requirement is a place to live, not owning the place your live in. Our goal in life isn't to multiply our wealth rather it is to please our Creator and ultimately we are all headed towards a certain death. Why take a chance at being at war with Al- Razzaq The Provider?? May Allah make us content people
We have been renting for five years, as a family with 3 small children we have found we are very vulnerable in a market controlled by rent inflating estate agents. We've rented privately and with agents. We've had bad landlords and good ones. In five years the rent prices have almost doubled. It's definitely not an easy market to exist in, and as professionals who earn very good wages we have little to show for it as most of our money is spent on rent and surviving. It's a difficult reality to live so please don't judge each other and instead look for solutions and support one another and make dua!
@@nurjahanbegum8081 no one is judging anyone and besides it wouldn't affect no one. You are free to do as you please. Your sins and/or good deeds only affect you. Salam
@Erd, I completely sympathise with your situation. May Allah accept your efforts. It is definitely a difficult reality to live and feeling the oppression of the landlord and suffering indignity at their hands is not easy. But we must all try and avoid the path if possible and also for long as possible, and if in the end it gets too difficult then Allan is the most merciful and forgiving, He is also the most appreciative of efforts. Although it's difficult at times for us (especially when we need to move houses) the thought of spending my life trying to acquire a house is just so detestable. I just pray our will power to continue down this line remains strong. May Allah grant us the sincerity in trying to please Him.
@Usman. Actually yes it does affect others. That's why in the last 50 years alone house prices have gone through the roof. Interest compounded does that. The last thing I want is to die and leave the world a more hostile place for our future Muslims. And when it comes to decisions like this it affects society at large.
It’s a very hard topic. Overhere in The Netherlands the rent prices are increased by law with a minimum of 2.5 %. This is common for all rented houses. So in a sense when signing a rental contract we agree on paying a 2.5% minimum annual increase of the monthly rental price. So what alternative is the greater Ribah. Also the monthly cost of having a mortgage are less than renting. Allahu A3lam
You are wrong, if you late with mortage loan paying you will lose you house to bank litearally, how you know you gonna have job for 30 years, stop living in fairytale wake up
@@elvin2010ify . and your conclusion. without a job i can pay the rent of my house, provide for my family, pay my taxes. if so i will sign for your fairy tale anytime
What about inflation? Is this taken into account? If a bank gives someone a loan, let’s say $100,000, and the person agrees to pay the loan back over 30 years. In 30 years time that same $100,000 will be worth a lot less than it was at the time of the origination of the loan. Is it not fair for who ever is giving out the loan that they get the same value back as they lend someone? So $100,000 in todays money would be worth 300,000 in 30 years time. The annual average for inflation across the board is at least 5% if not more. How about this example, if I purchase a brick of gold today for 10,000 dollars, and I hold on to it for a few years, and in a few years I decide to sell that brick of gold, however the value of gold goes up so now I sell the brick for 13,000 dollars. Am I collecting riba in this case? The concept is the same as borrowing money, bc the value of money is lost over time so it’s only fair to get the same worth back. Can someone who is smarter than me try to explain these examples to me? Also if we are not allowed to get loans to start businesses or purchase property, won’t Muslims fall far behind the rest? Just a thought. Thank you and Salam brothers and sisters
I bet most of the people who are thanking Sheikh Yasir Qadhi had already determine to take mortgage and now happy to be backed by a scholar. But we are missing the main point that Sheikh made and he should have emphasized it more that we should consider taking mortgage only when its a dire situation and most of us here reading or watching the video are I hope capable of supporting our family by paying rent. There are a lot of other ways we could pay our rent even if we retire e.g. business or halal investment. And remmember Allah's Rijk. But yes if someones situation is dire or taking mortgage will bring him close to Allah and he belives it and other thinks so too then definitely he/she can take it. Another point we, people who live in non muslim country, make a mistake on when we think this problem is only in our country. But even muslim country has banking system that offers loan/mortgage. We all have fair amount of property back in our country but we chose to stay abroad. And we also forget that we are excused to live in a foreign country only to spread our religion. Not to have and expect a comfortable life. And also 10, 20 years of certain saving InshAllah is better than paying 30 years of uncertain(what if I dont have the money sometime for installments) mortgage/Riba. Rabbi Zidni Eelma. Ihhdinas siratal mustaqim, ya Allah. Math is easy!!!
Unfortunately rent rates are on the rise in the west for us also…sometimes by $100’s per month which screws us since rent can change based on the landlord
If it smells Harlan’s, looks haram, and speaks haram, then it’s haram!! They tried so hard to make us believe Islamic Finance was halal and the answer to our dreams. It’s essentially haram. I love when the sheikh said “follow your heart”. My heart always told me to keep researching. I found my answer thanks to this video. It’s basically haram and making it halal will open the floodgates on ribah. Not today SHAYTAN!!! Ribah will always be haram. Thank you Sheikhs.
But how can there be a hajjah, need, when renting is available? I don't see the hajjah, actually. Loans open up more housing options and you then own a property with equity, whereas renting is always a financial loss with no equity gained. But then there's also rent to open options too. Which can be structured fully halal to my knowledge. Though they're not as common and you have to careful of fraud. But I don't see the hajjah argument. Instead let's look for fully halal solutions which exist.
2:275 Those who consume interest cannot stand [on the Day of Resurrection] except as one stands who is being beaten by Satan into insanity. That is because they say, "Trade is [just] like interest." But Allah has permitted trade and has forbidden interest. So whoever has received an admonition from his Lord and desists may have what is past, and his affair rests with Allah . But whoever returns to [dealing in interest or usury] - those are the companions of the Fire; they will abide eternally therein.
You don't copy and paste Quran verses. A translation isn't good enough. The verse should be explained in context by a learned person. Islam is deeper than copy and pasting translations. By the way, I've looked in the Quran and found that no where does it criticise the one who is compelled to give interest. Correct me if I'm wrong.
Key word - “CONSUME” . The one who recieves the interest wages a war on Allah. The one who gives is an aconplice but not on the same level of haram and a secondary prohibition. Therefore there is scope for modern interpretation
I couldn't understand anything dr hatem says ... The question was 1-2 minutes . why the answer is about Almost 1.5 hours .. it should be a sample answer . Yes.or. no
That rent is your living cost. What the person who receives the money does with that money is their sin. Are we responsible for them using that money for buying alcohol or gambling? It literally has nothing to do with us. "And no bearer of burdens will bear the burden of another. And if a heavily laden soul calls [another] to [carry some of] its load, nothing of it will be carried, even if he should be a close relative. You can only warn those who fear their Lord unseen and have established prayer. And whoever purifies himself only purifies himself for [the benefit of] his soul. And to Allah is the [final] destination." 35:18
I miss one topic: How do we deal with inflation. Money has no value in the long therm. When the Inflation-rate is higher than the interest charges, is this also Riba?
@32 minutes he says we will have problems with calculating zakat and other things if we can’t make an analogy between USD and gold/silver therefore let’s not go there. Well I’m sorry we need to go there, the ulema have more work to do to unravel all of this. Our skin is in the game and I hope the ulema would dig deeper....
السلام عليكم، بارك الله فيكم ونفع بكم وزداكم علما، الإشكال الذي يظل مطروحا في المرابحة هي أن البنوك حتى الإسلامية منها في جميع دول العالم هي مؤسسات مالية وليس لها الحق في تملك الأعيان، فكيف للبنك الإسلامي أن يرابح ما لا يملك وقد نهى صلى الله عليه وسلم عن بيع ما لا نملك. أجبني يا شيخ بارك الله فيك، أطيب المنى والسلام عليكم ورحمة الله وبركاته
Assalamu alaykum. One thing that all scholars fail to mention on this subject, which makes even Islamic Financing haram is that even Islamic Financing requires insurance in any property bought even in Islamic financing. Thus you are engaging in two sins, financing and insurance. So even “so-called” Islamic financing is not allowed. Everyone overlooks this aspect.
Normally the Islamic financing involves the bank owning part of the property and yourself owning part of the property. This does not constitute a transaction and the full transaction has to be completed.
Don't believe insurance on property is Haram on its own merit but how the proceeds by the institution is invested. Overall benefits for the community is embedded in Islam and insurance based on some sheikh... believe Sh. Zakir Naik has a small video on the topic that does a much better job. Allah SWT knows best
Who said Insurance is not allowed?? It is mandatory by law to have insurance in most countries. So you are following law of the land, also Scholars have given it's permissibility.
Isn't Morabaha the same as paying interest because the profit is fixed at the end of the term and even with conventional loans the profit is fixed that we pay in form of interest.
The sharia compliant banks don't actually buy the home and sell it back to you though, it's still the same verbatim wording of any loan. It's not like the bank buys the home and you can say oops, I change my mind and they're stuck with it....I hope one day to see something truly compliant in my life inshAllah!
With all due respect to Yasir Qadhi and Dr Hatem El Haj, its NOT a complicated issue. Its laid out in plain language in the Quran by our Creator that its not permissible. No ifs ands or buts. Anyone who legitimises it is in fact invalidating the Shariah of ALLAH SWT.
@@altafkalam2716 ohhhkkaaayyyy! thanks for reminding me that I'm not a scholar. Half these so-called scholars are CZcamsrs-turned-muftis LOL. Just like you can't kill someone in this world and then go claim ignorance in front of the judge, what makes you think you can do that in the matters of the deen? Keep trying though!
The problem with pretty much all Islamic finance institutions in the west is they are funded by larger corporations that use Riba. The money to start such Islamic institutions didn’t appear from thin air.
Did dr. Hatem al-haj say selling a laptop for $500 right away, but $700 after 6 months is not riba because of an agreement? Then he did say of course as we know a conventional home mortgage is riba. How are these both scenarios different please explain? Did I miss anything?
Bismillah, i will try to answer as per my understanding, because at first i also have the same question as you. How is this different. The difference is the bank that gives mortgages do not own the house, another person own the house, the bank just give us money to give to the homeowner. Then we pay interest on that money. On laptop case, the person who owns the laptop, sell the laptop on a time agreement. I hope it can help. I am sorry if this is wrong conclusion, All mistakes are my own.
Need is a state of mind. How concerned is one with something that they need. In today's world everyone needs a car this is a hajah. But in London it is a luxury to own one as you have the tube and so many public transport options. In the Sahara desert it is a dharoorah as someone without a car/camel or any mode of transport will die. Everyone needs a house. But how important is it for them? Are they thinking of doing business with it when the price grows in the future or do they want their kids to have a place to stay or they are finding rents very high to afford and the mortgage is the only option they have? How can the scholars answer this question for us?
Not trying to advocate a mortgage here or play devil's advocate, just trying to understand something InshaaAllah. What I don't get is if asking for more money in return of giving someone time is permissible, I don't understand how a mortgage is different. Because in a conventional mortgage, the bank takes ownership of the house and asks the debtor to repay a set amount over a set amount of time. In hindsight, is the bank making money only because they bought a house (for their money), or are they making profit because they are giving the debtor time? I mean if someone buys a $200k house for me and allows me to pay it over 10 years, but asks for $250k in return, apparently this is permissible. Now, if you call this a percentage, the person giving the loan profits 25%. I understand a cap was set here, but a conventional mortgage essentially has an agreed upon cap. For example, if a certain percentage is agreed upon and the Muslim pays every payment on time, he is essentially paying that agreed upon end point that he can calculate himself. So I don't understand why the two scenarios are different. Undoubtedly riba is Haram. But if making profit off an investment by giving time is permissible, then isn't a mortgage more in this category than riba? Because some websites even said riba is Haram because one party benefits, but if one party is getting the relaxation of time, that is a huge benefit. So, how is it really any different?
As commented by upf at the top : The conclusion begins at 1:20:00 , and also includes an additional caveat at 1:24:04. If you don't want to listen to those segments here's a summary of the conclusion: A Muslim should avoid conventional financing, and instead use Islamic financing if they have a need, even though as it currently stands islamic financial solutions still have problems. If they can not find a islamic financial solution, and they have a *strong * need, then they should consult with a local scholar on whether conventional loan is appropriate for them due to their special circumstance. In general, we should patronize islamic financial institutions over conventional ones, because we want them to grow in size, so that they can have the power to provide us with more favorable contracts from a Shariee' perspective. At the end of the day, the situation we are in now where the global financial system prevents true islamic offerings from taking place, even in muslim majority countries, is no ones fault besides ours as a ummah.
JazakAllah, scholars. Well done, and well said. However, I do not think it is enough to say that something in the sharia is just too complicated. Our prophet made life easier, not more difficult. So either we are making some financial rulings unduly complicated like the cow story in Sura Baqara, or failing to explain or understand it easy enough for day to day application. I did real estate closings for 8+ years as an Ontario lawyer, and closed more than one deals with Islamic finance. I noticed there is a disconnect between how secular real estate law operates at the ground, and how Islamic financial tools are designed by the scholars, generating manifold inefficiency and complexity. This is another factor to keep in mind, aside wider economic environment which impacts Islamic financial products. I really feel there is room simpler sharia compliant Islamic finance products, but Islamic scholars need to give room for real estate legal experts and economic experts, as these three areas blend at the ground zero when an actual deal is being closed.
I totally agree with your point of including real estate and economics experts. However, the problem with these transactions is that the devil is in the details. When they try to make a simple product that may be slightly risky ,the "Islamic bank" will not agree. For example, (for instance Murabaha) if they tell the bank to buy a house first and then later simply sell to the customer without too much complexity. The bank will not proceed until they have everything in place for a guaranteed profit.
The shaykh mentioned here that the giver of the Riba is not as sinful as the one who takes and then went on to interpret the hadith from Sahih Muslim narrated by Jabir that mentions that giver, taker, the witnesses, and the one who writes the contract are all the same. The thing is, it doesnt matter if the taker of riba is a bit more sinful than the giver, since the hadith mentions that they are all *cursed.* A person that is cursed is doomed for Hellfire. Who cares if the giver will be in a little higher place of hell than the taker who may be in a lower place in hell, they are all in hell for Gods sake. Its a serious matter. So lets not try to make it easier upon the poeple who feel guilty for taking riba loans. Lets not try to embolden the muslims who are reflecting about taking a loan.
Assalamoalaikum - so in conclusion prefer Islamic Financing as much as we can ; and not conventional mortgages. One of the hikmah behind this is "If more demand is there for Islamic Financing" then it will be easier to making these options "More" Islamic and minimize deviations. There is no 100% sharia compliant option in North America ( or elsewhere). I would request scholars to be elaborate and give few examples of what kind of circumstances will qualify or justify going in for a purchase of home that costs anywhere between 300 k to 500k . After opting for Islamic Mortgage also people have to make monthly payments , pay property taxes , pay HOA fees and home insurance cost as application etc etc. So it is not always going to be "CHEAPER" or "COST LESS" than a monthly "RENT". SO the whole argument of going for Islamic Mortgage for buying home doesn't make sense. Someone who is having enough to make at least 5% or more payment to buy a home ( average home cost that most muslims buy is at least 300k or more) , who has enough income to qualify for getting credit of 280k + , who can take care of closing costs , can't give excuse of having "Haajat" and "Zaroorat" for BUYING a home due to non affordability. This person is earning enough to pay rent and live in more or less same kind of home. The reason for buying is more often than not to build equity and make profit from a rising real estate cost and take benefit of low interest rates in USA and book profits in less than 5 years. By opting for Sharia compliant options same benefits are reaped but feel less guilty as name is " Islamic Mortgages" instead of conventional banking. There is nothing wrong in earning profits but buying on islamic mortgage more than one home giving one on rent and taking benefit from an option which even according to scholars is not 100% halal should be discouraged. Someone can justify buying small ticket items like Car or mini van on loan considering they might not have cash to buy it. Buying car is absolute necessity in most part of USA but buying home might not qualify as that. Wassalam.
Islamic financing in its current form is not halal (and a backdoor Riba) and has stopped the way for a true halal/Islamic finance solution because now there is no need for the scholars and the Islamic finance companies (like Guidance etc.) to explore the solution further since 99.99% of the Muslims (who consider conventional banking haram) are now buying houses via so called "Islamic finance solution". And there are 0.001% who don't want to get involved in any Riba whatsover and they are such a minority that there is no need to further improve the current offerings to go towards 100% halal/Islamic finance solutions. That is why Islamic Finance Solutions like Guidance are here for more than 2 decades but no further steps has been taken to go towards true Islamic finance.
Thanks to Covid-19 home prices are hovering around 550-750 instead of 300-500. There is no doubt in long term (5 or more years it's a huge loss to rent home costing 2000 per month instead of buying ). However common observation is once we buy then after couple of years we want to move out and then give home on rent to make double equity and earn income from something that we don't 100% own. It's a trap. On top of it several Muslims will make fun of another Muslims who try to comply by halaal and try not to buy home and live in rented homes. The least Muslims can do is to encourage others trying to follow teachings of Islam instead of making fun of others.
A complex topic can't be summarised with a basic answer. But in essence they are arguing that mortgages are not halal but in some aspects it is a grey area.
-There are multiple forms of Riba, or Increase, in human transactions. -Purchasing a home with interest is considered Riba, and may be haram though scholars are not in complete agreement on this. Some scholars say that, if no other halal purchase option (eg, halal banking) is available and there is a real *need* for the purchase (eg, your only home/car/, etc required to live/travel/etc), then a Riba loan *may* be permissible though Allah Knows Best.
@@liveyourbestlifeguide I don't think that would be an adequate summary. I suspect what you're looking for is the conclusion, it begins at 1:20:00, and also includes an additional caveat at 1:24:04. If you don't want to listen to those segments here's a summary of the conclusion: A Muslim should avoid conventional financing, and instead use Islamic financing if they have a need, even though as it currently stands islamic financial solutions still have problems. If they can not find a islamic financial solution, and they have a *strong * need, then they should consult with a local scholar on whether conventional loan is appropriate for them due to their special circumstance. In general, we should patronize islamic financial institutions over conventional ones, because we want them to grow in size, so that they can have the power to provide us with more favorable contracts from a Shariee' perspective. At the end of the day, the situation we are in now where the global financial system prevents true islamic offerings from taking place, even in muslim majority countries, is no ones fault besides ours as a ummah. [I tried my best to provide a summary, but any mistake is my own, and you should refer to the actual video]
Paper currency never consider as metallic currency in term of Riba; we have to have more clarification. We have to equate some commodity to clarify and we should make some common conclusion of all Fiqh on it and practical example; because of it those institution using Islamic label are exploiting muslims by making very good profit.
Can the same principle in the example of the laptop be applied to purchase a car over a fixed term with a set APR where at the end of the term you pay a lump sum to fully own the car or you can just return it?
Sheikh I will be coming to Knoxville in September Inshallah. I want to know where the mosques and Islamic centres are, what about halal foods and how often do you have sermons? And can I please know which mosque is a Sunni one? (No offence intended)
Since conventional mortgage isn't halal and Islamic banking isn't totally halal, does this mean Muslims in West cannot really invest or do business in property market other than just get one house for living???? Property market can make one stable and wealthy. Means option for Muslims to become wealthy is fewer?
Assalamualikum Sheikhs, very good and detail discussion about Islamic finance, Alhamdullillah. Learned a lot about Islamic financing. quick question about my situation, I live in Ireland and there is no Islamic finance available here. I paying way more money on rent then I would have paid on mortgage if I had one. can I buy house using the conventional mortgage from the banks ?
Please tell me how one can patronize these so called "halal mortgage" financiers and also "force" them to change and to become more Shariah compliant? By patronizing them, you are telling them not to change, right? Shouldn't you say do NOT patronize them until they do so and so?
ASC Sheikh. I disagree your statement regarding sale of item differed payment and added time value of money which is above the sale price is purely interest. Simply if we use simple interest than cost + interest is not acceptable and purely fall under capitalist system of making profit.
I dont understand because I thought the bank buys the house at the price and sells it back to you for more and you pay a finite amount each month until it is paid off. am I mistaken?
What Dr Hatem and Dr Qadhi mentioned is similar to what you commented. For instance at 1:06:00 Dr Hatem mentions an incident where an institution convinced an Office of controller, that there is no FUNCTIONAL difference between Murabaha and Conventional mortgage. So although in practicality it ends up looking the same, in theory it is not equal because "you do not want to open the floodgates to clear cut riba". A murabaha is where the bank buys the property on behalf of the buyer and immediately sells it to the buyer on a higher price on installments. This is halal. However the conventional mortgage the bank loans you money to buy the property in return for a larger amount of payback money. This is why conventional mortgage becomes haraam. The most commonly used mode of islamic financing is the diminishing musharaka, this is a shared ownership where the bank and the buyer both buy the property and become the co-owners. The buyer moves in and pays in his installment - a combination of rent to the bank for the share of property still owned by the bank and paying back some of the loan.
The reality is... in todays world WE ARE ALL INVOLVED IN RIBA!!!!! Riba was the last law of the Quran and there is a reason for this. Allah most wise insured that before He pronounced on riba the institutions of zakaat, sadaka and bite ul maal among other things were fully established. Only when this was don He pronounced on riba. In areas where these (zakaat etc) are not fully established it is permissible to take a loan ONLY FOR NECESSITY AND NOT FOR VANITY. Its like eating the meat of the pig ONLY FOR SURVIVAL. its plain and simple!!!! The truth is... most scholars of today are not in the business of establishing islaam on the face of the earth (it's to hard and they dont want to be persecuted or killed) so as a substitute they pass bogus fatwahs "to create a comfortable space for muslims" but know this... Untill islaam is established with zakaat, sadaka and bite ul maal fully implemented... WE ALL WILL BE MIXED UP IN RIBA NO MATTER WHAT FANCY BOGUS TRICKERY FATWAS ARE PASSED!!!!!! FACT!!! imam ibrahiym abdul Ghany from Trinidad.
Those who consume interest cannot stand [on the Day of Resurrection] except as one stands who is being beaten by Satan into insanity. That is because they say, "Trade is [just] like interest." But Allah has permitted trade and has forbidden interest. So whoever has received an admonition from his Lord and desists may have what is past, and his affair rests with Allah . But whoever returns to [dealing in interest or usury] - those are the companions of the Fire; they will abide eternally therein. 2:275
Salam Shaikh, If Islamic Mortgage is available can it be used for Investment purposes as well? Real Estate remains one of the safest and widely used means of investment and as Muslims we are asked to excel in this world, May Allah allow us to succeed in this Dunya and Aakhirah.
RIBA is the greatest form of sin. The massage is it should be avoided In all circumstances because Allah created this earth vast enough to find the shelter to live in rather we should talk how to establish Islam so we can establish the Islamic finance where people can do the halal transaction without any doubt. even in the USA there are so many places where you can buy a house with a very low price, one doesn't have to live in New York, California or other places. this is not a very controversial matter because the Quran, the sunnah, Shabah and great Imam have clearly stated it is a great sin regardless of the circumstance unless if someone wants to create there own circumstance.
What is Riba? The phone or computer you are using to watch this was designed and manufactured with money financed via Riba. The internet you used to post this was financed through Riba. The power you used to charge your phone was financed by Riba. The masjid you pray in was built and up-kept with donations from money that touches Riba. So do you audit every penny in your masjid ?
Asalaamalaikum, I had given money to my sister to waive of her loan on her house it was of Rs 90,000 in 2008 . At that time the house was of 6 lakh now it value has become 40 lakhs and she is also getting rents on that house . She has not repaid me from all these years though she could , still she is not giving. Now she wants to give back same 90,000 . Can I ask for more than 90,000 as her property rate also has gone up in so many years?? Will I be sinful if I ask for more ?? Will it interest ??
Brother I understand the situation you are describing & I advise you to consult a scholar of your locality or the locality of the property, preferably with your sister present.
Wa alaykumussalam warahmatullahi wabarakaatuh. Yes you cannot insist she gives you more than what she owes. However if she gives more from her own free will, then you can take it. Allahu a'lam.
Also loans in Islam are not business modals. They are rather a form of ibadah where a person helps another and seeks the rewards from Allah ta'ala. Whether the properly skyrocketed to 40 lakhs or crashed down to 1 lakh, what she owes you is whatever you gave her.
Lol it’s 100% Haram to take even a extra penny from the money you have loaned out. Your thinking is same as the bank. May Allah guide u and all of us from the evil thinking. Aameen
Islam's principal is to ensure fairness for people. I have been paying rent for almost a decade and rather than constantly move to avoid paying high rent I want to get my own house. The Islamic alternative is expensive and I know i will struggle to make monthly payments. Conventional mortgage is much more cheaper. If Islamic alternative puts me in financial difficulty, is that still more Islamic than conventional mortgage?
Good question. But it's a little bit of the Zina-Life befor marriage. The Girls are nice to you and and want to be with you. It's easier than marriage and you have no big responsiblites. The shaytan is always nice to you and let the sins look 'more halal'. The test is to do it the halal way. The lesser evil is maybe the islamic banking way, If you have the intention to please Allah Ta3ala. WaAllahuA3lem
no clear cut riba, but basicly its the same stuff with extra obstacles very unnecessary hardship. Who will loan you this incredibly big amount of 400.000 euros asking only such a small amount of profit or riba. I'm definitely against riba but all islamic solutions up to now have been less logical then just going to a normal bank. I don't support mortgage or loans these are just my thoughts. But hey we live in the reality.
The conclusion begins at 1:20:00, and also includes an additional caveat at 1:24:04. If you don't want to listen to those segments here's a summary of the conclusion:
A Muslim should avoid conventional financing, and instead use Islamic financing if they have a need, even though as it currently stands islamic financial solutions still have problems. If they can not find a islamic financial solution, and they have a *strong * need, then they should consult with a local scholar on whether conventional loan is appropriate for them due to their special circumstance.
In general, we should patronize islamic financial institutions over conventional ones, because we want them to grow in size, so that they can have the power to provide us with more favorable contracts from a Shariee' perspective. At the end of the day, the situation we are in now where the global financial system prevents true islamic offerings from taking place, even in muslim majority countries, is no ones fault besides ours as a ummah.
[I tried my best to provide a summary, but any mistake is my own, and you should refer to the actual video]
May ALLAH reward you with Jannat Ul Firdaus Al 'Aala Without reckoning Ameen.
Thank you that is enough summary may allah reward you for it.yes conventional finance is not ok unless they have fixed loans that does not fluctuate with interest some banks in the west do that. Also there islamic financial institutions that use sharia compliance mortgages with mushaarakah.
Thank you
Thanks for that
So I heard that you can go with Islamic finance if hajja is there .. what about traditional financing ?
Thank you Dr. Yasir Qadhi and
Dr. Hatem AlHaj for this video.
Subhanallah,finally a very useful and to some level a complete discussion of permissability of Home Finance options for Muslims. I have waited for this video for many many years. YQ mentioned in the beginning that reluctance of scholars to give fatwa on this matter, which was interesting to know.
What is a ‘dire necessity’?
This is the main question. Never have i heard a real life example what would be a necessity. This is the biggest question first
For eg, a large family that are being rejected from rental applications due to their family size or dynamic etc.
very well put together discussion leading to a comforting conclusion.
In the opening, I was so excited that finally we have a discussion on this sensitive issue. But as the video progresses, it becomes a bit confusing. If buying a laptop with a time value of money does not fall under Riba, why does buying a house do? Or did I misunderstood? Isn't house also a commodity? I live in Finland and we don't have any Islamic financing here. I pay 1000e rent per month. Isn't it oppressive that I will get nothing in hand after 20 years of renting? But if I buy a house with normal bank loan and pay the same amount of 1000e to the bank, I may end up having some savings. How does the condition of Riba apply in this case? The wisdom behind prohibition of Riba was to save the needy/poor people from the oppression of rich. Isn't so? Now in the current times, landlord is more oppressive than lender (the bank). No? Please correct me. I seek guidance from Allah.
When a renowned and influential scholar like Shaykh Yasir Qadhi can't clearly state about halaal or haraam I wonder how my modest local masjid Imam will say anything different.
We need to ask Islamic Scholars living in west if they own home and a car. If yes then how did they buy it ? If they used Islamic Financing options then which one did they use ? Do they send their kids to college ? If yes then did they do so after taking education loans ? Do they invest in stock markets ? If they do then how do they pick and choose stocks and investment options.
In short scholars should take a lead and instead of simply terming things as haraam should set an example of how to navigate thru this maze in western societies. Especially scholars who charge several thousand dollars for attending fundraising events and enjoy trust of the community across USA and around the world should do their bit.
It is good to see Shaykh Yasir Qadhi doing this discussion which a welcome change. Even after having 3rd or 4th generation of muslims in USA most of the discussion about Halaal and Haram is still about trivial and no brainer issues like eating at McDonald or Subway and not on serious issues.
I cannot answer all your questions but the reason the laptop is a different argument is because the deal is between the seller and buyer. In a conventional mortgage, it becomes and issue because the bank is a middle man in the agreement and the seller gets all the money at once. So the type of transaction is different.
@@Bokehmo I agree to both comments above. But I still believe that our scholars are afraid to talk about this issue. They literally fetch the the term Riba from Quran/hadith without considering its essence, and label it on all transactions in which a third party is involved; because they want to save their own neck. In the current times, renting a house is more oppressive than buying. The bank also takes a risk of devaluation of money over 25 years loan period. It simply cannot be without earning the profit and that profit is earned in the form of interest. This interest does not fit the ruling of Riba described in Quran, which was used at that time by rich to make the needy and poor their slaves. Quran is full of wisdom, but its sad that our scholars become paranoid and do not see that wisdom in this specific case at least. Having said that, I seek Allah's forgiveness and I ask for clarity and guidance from Him. Ameen
Safdar Thank you for having some common sense, which these so called scholars are devoid of
There is hadith of the prophet (PBUH):
Abu Huraira reported: The Messenger of Allah, peace and blessings be upon him, said, “A time will come upon people in which they will consume usury.” It was said, “All of the people?” The Prophet said, “Whoever does not consume it will be affected by its dust.”
Source: Musnad Aḥmad 10191
So if the prophet is true (and he is) this is the time when riba is everywhere. And if people think this is not the time then it means that time is still going to come (which then seems highly unlikely that what actually riba look like). You need to understand the way system generates money as debt when someone takes a loan, because this causes the bank to generate money out of thin air, causes inflation and steal away the value of people money. So, if you are taking loan (even so called islamic loan) to buy house, you are actually stealing away the value of money from all the people in the society. Now if everyone is doing the same then they are all equal in crime. But there will be people like me, who are still trying our hard to save for years to buy the house without getting involved in riba and our value of money is keep stealing away from us by the people who take loan and they will be at the day of judgment will be responsible for this crime and have to give away their good deeds in return for this theft. If you can live with this then please go ahead. People need to understand what is need and necessity. A house is a necessity but you can live with a $200K condo as well (that you can buy with cash) and it will fulfill your necessity but we use that $200K towards the downpayment to buy a big house around $1M to fulfill our necessity (and still want to be with the prophet and the sahaba at the day of judgement but don't understand what sacrifices they give for their iman and what sacrifices we are giving for our iman).
Jazakom Allahu Khairan to both of you for the huge effort and time in explaining this issue.
I respect how you explained the positions from both sides of the argument, and not just one. It helps us the lay muslim understand this better and make an informed decision instead of being biased on one side only whichever it may be.
May Allah bless the ulema trying to move forward in these matters.
Follow up video defining "need" would be great.
MashaAlla sheikh may Allah bless you for your effort 🙏, and at the same time save us from all the major and minor sins!
As Sheikh mentioned, most of our "sharia compliant" financiers would actually sell our debt to some bank, due to lack of funds, as is the case with my mortgage --- I went with an Islamic Financing institute (not going to drop any names), with the partnership model --- their "profit rate" was way higher than any convention bank's APR, and found out after 2-3 years that they actually sold my debt to U.S. Bank.
May Allah forgive me and all of us, and help us out of these difficult situations. Ameen.
JazakAllah for this discussion.
You did the right thing at the moment u made the decision, its your niyah that matters but definitely agree it’s ridiculous!
Excellent video. Very timely for me and a lot of people I know is west. JazakAllah khair Shaikh Hatem, you are amazing. Love your knowledge and your approach to explain such a complicated topic.
I have literally been waiting for this video for years. Brother yasir can you please upload a video summarising this video.No disrespect to respectable honourable Dr hatem but I found it hard to understand him.
I hope this reaches sheikh Yasir.
I found it pretty clear, do you have any part of the video you found unclear? I could translate for you.
I agree. I think the topic is so technical that it loses audience. I didn't understand the entire video either.
Yes, please read the summary by our fellow Muslim upf. Amazing job upf. JazakAllah khair.
Yes I agree, it was difficult to follow Dr. Hatem, I think it was assumed that the audience understand some of the terminology used.
SubhanalLah! Syed, you are an example in humility and modesty. Even though you provided such a beautiful summary yourself, you are referring the brother to another person’s summary, which is also a good summary anyway.
Waited so long to hear your thoughts on this Sheikh. Jazak Allah khair
First of all, jazakumullah khyrn shyookh. I have one point: Sometimes, in the discussion, it comes up that it is an advanced concept or too technical, so we are not presenting or discussing this here. However, I would think those technical and advanced topics will help us understand the subject better, so please go into the details. Many of us are here to know the topic in detail and not just superficially, so please do not stick to the high-level content, but please go deep into the subject if and where needed, or at least refer to articles or books that we can refer to.
JazakAllah khyrn
Thank you to Dr. Hatem Al-Haj. It is crucial for Muslim Americans to grow stronger and become a model community here in the US. This is accelerated when a community is financially strong. The reality is this; without owning homes we loose our ability to develop generational wealth. Generational wealth cannot be achieved when you're renting. The math is clear on this. If we have an Islamic alternative to conventional riba-based mortgages we should use it. Dr. Hatem is providing guidance along these lines - the leading alternative today is the Musharakah model. AMJA has deemed this structure the most permissible and the first organization that has developed it is a Muslim-owned organization named Guidance Residential. They are legitimate in many ways and are not the pawns of Riba-based bank as is the case with other providers. In other words, they are not wolves in sheep's clothing.
All islamic banks are part of the fractional reserve banking system. When they lend money, they are printing it into existence from thin air.
Yes you are correct about it. Islamic financing in its current form is not halal (and a backdoor Riba) and has stopped the way for a true halal/Islamic finance solution because now there is no need for the scholars and the Islamic finance companies (like Guidance etc.) to explore the solution further since 99.99% of the Muslims (who consider conventional banking haram) are now buying houses via so called "Islamic finance solution". And there are 0.001% who don't want to get involved in any Riba whatsover and they are such a minority that there is no need to further improve the current offerings to go towards 100% halal/Islamic finance solutions.
May Allah reward you our beloved sheikh
I'm by no means a scholar but here's my two cents. I'm choosing to err on the side of caution because of the severity of the sin. I'd rather rent and lose out in the dunya than jeopardise my hereafter.
❤️❤️❤️❤️👌
Same
providing a safe shelter for your wife and family is one of the basic responsibilities of a man. be sure about what you are going to do will affect your family and jeopardize one of your fard responsibility.
@@sheikhmd.salman9692 Nicely put. For years I avoided it and decided I will continue to rent and just work for the money and eventually buy a house when I'm an old man. But no, I'm done with that mindset. My responsibility is to take care of my family, I will get a mortgage, put them in a decent house and I am happy to work to pay the house off. If I agree with a sum for the house, then I simply have to pay it off.
@@justCommando I'm spretty sure a mortgage isn't a necessary to your families wellbeing... It's just satisfying to your own ego.
Thank you all for the video. but for those who’s English is the second or even the third language it’s very difficult to understand sheikh Hateem, considering he is using technical language. Short video summarizing the lesson will be much more appreciated.
Asslamu Alaykum, brother yasir I always follow your lectures. From last couple of days i was actually looking for lectures or opinion about ruling of interest backed mortgages. Actually, I am surprised that you are talking about this. Jazakallah Khayir.
I have been watching this channel every day.
wow, the concept of Darrurah and Hajjah really expanded this topic so jazakhAllah khair to both sheikh's.
It really is a dense topic that requires sincerity in approaching it
Only you can know in your personal lives if Hajjah overcomes you in regards to housing.
If you go straight to conventional mortgage without attempting renting, islamic mortgage or social housing than you may be at fault and you cannot hide the sincerity of your actions from Allah azawajal.
It is all about sincerity like the rest of our religion is, may Allah make it easy on us all and find us a way out.
I am of the opinion of Dr. Hatem El Haj and plan to avoid conventional mortgage inshaAllah
Assalamu alaikum Sheikh Qadhi and brothers,
Thank you for making this video, was literally waiting for your response to this issue.
Sheikh, if you kindly make a 10 minute video, just to summarise as highlights of this discussion, would be very kind of you.
Brothers did a good effort in writing down the summary in comments section but if it comes from as a video would be more easily accessible.
Jazakallahu khairan.
Salaam from Nottingham Uk, my situation is as most of our brothers and sisters that we have normal mortgages from the Uk banks and live in guilt for all our lives that we are paying interest on our homes so there is no way out, of course there is a way out to live on rent and then there is student loans for our kids to study and progress and of course we can choose not to take student loans then we keep living in that same circle and never achieve higher education etc May Allah SWT help us to correct our affairs Ameen
And this is precisely why living in the non Muslim lands isn't ideal.... We will forever live in guilt. We must try and fix our lands
Salaams, please be careful of the red herrings often touted about to make you feel helpless and boxed in with no choice but Riba.
Student Fees are currently = 9k per annum.
Why is the Riba option preferred over taking a year out and working ? Then during the actual course working part time ? Degrees were much harder years ago and most of those graduates worked part time whilst also being recipients of grants and zero tuition fees.
There is also the option of open university, a internationally recognised institution which allows you to study from home.
You can work and study at the same time.
Bottom line is there are big financial institutions who for the past 2 decades have been working behind the scenes to tap in to the Muslim market. They are slyly endorsing and advocating their positions via sellouts, whom have sold out the ummah and are dressed as wolves in sheep's clothing.
Even in the comment section we will have random people giving anecdotal stories justifying riba and confusing the ummah.
A spade is a spade, these people will use linguistic gymnastics to twist and spin their way in to making us believe that it is in actual fact X,Y or Z.
P.s Open University charges £6k per annum if you opt for like for like credits. They also offer a longer study period reducing the annual costs, whilst keeping the total course cost the same.
@@Usmanthemecano why you think in muslim countries the mortgage are without interest?
Perhaps some muslim bank offers options to refinance? May Allah help you! The cheer fact that you feel guilt im sure means a lot to Allah
Would love to hear Moulana Taha Karaan speak on this issue. They should invite him on the show Inshallah.
JazakAllah Kheir to both of you!!
Assalamualaikum brothers and sisters. This is very well worth watching entirely with a very understandable conclusion. May Allah help Muslim community to grow and develop their capability in this regards. Jaza K'Allah khair.
Ameen
The topic is very complicated not due to any alleged "ambiguity" in Quran or Sunna, but rather because of the conditions that some muslims face when it comes to starting a business or buying a house. Also some "needs" are lesser or greater in the eyes of different people. Friends who are doctors and devout muslims and don't have a backround in entrepreneurship or business are quick to condemn muslims who are and trying to get the capital needed. Also not all European Countries have islamic alternatives (Austria for example where I live). At the same you shouldn't take your own need and bias to the table to discuss this, if you have already made up your mind about it. Anyone who genuinely tries to understand both side of the spectrum from an islamic and economic perspective will see and understand why Sheikh Yasir Qadhi and Dr.Hatem are so extremely hesitant about this. If it was a clear cut issue, it wouldn't be over an hour long. As for those saying "Well if there's doubt, just leave it be and be on the safe side", yeah maybe to you it's that easy. You can't project your own situation to others. That's like saying to a sick and depressed person "Hey just lighten up man, don't let your head down". Easy to say if you aren't in someone's shoes. And I am not talking about muslims who are about to become homeless, but like Yasir Qadhi said, some middle class muslims might see it as a bigger need than others.
In the end, I see Dr. Hatems Advice to seek out local scholars, who are well versed in the islamic jurisprudence fiqh, understand the local situation, as well as are well versed in economic issues, to get their advice and consult one's own heart. Making your own research, seeking these scholars out and take the time to really make a decision on this, is the utmost responsibility a muslim should take and even then not flaunt with it until a suitable alternatives comes along or maybe take it upon oneself to pave the way for future generations. At least that is my opinion
Thank you
ASA, aH, JAK for the great insights. I have a series of follow-up questions:
Under what conditions does that Maliki view of the hadith mentioning gold, silver, and the four other commodities, hand to hand, etc, make ribaa not a thing nowadays, and why would that be bad? Presumably, a world that perhaps doesn't indulge in as much ribaa anymore, would be a great thing. Furthermore, it would be nice to examine the other interpretations of that hadith, provided the mA very advanced and efficient current-day economic system.
I also had a separate question: What if, substancially, the current banking system is more efficient and cheaper, and better for consumers, and interest rates are low, but for some reason it doesn't match up with "shari'ah" in form? On the other hand, what if the islamic banking alternatives charge people oppresively high rates?
Another question: If it's good to support muslim businesses, and since islamic banking still has a long way to go, why don't muslims open traditional banks that conform to muslim values (perhaps taking a stand agains businesses and people who directly support haraam things: drugs, immoral content, gambling, usury -- which is a form of ribaa, but ribaa is more general, as discussed in this lecture)?
On that note: What constitutes usury (according the reputable imaams)?
As muslims when we decided to settle in these lands that is governed by the non-muslims, we placed upon ourselves the burden of living with the consequences of being here. If we want to live here and enjoy the opportunities that we get here, then we must be ready for the consequences of living here. We cannot try to change our religion to fit the west, rather our lives in the west must fit our religion. Allah mentioned the way bani Israel acted when they settled in non muslim lands in Surah A'raf:
*"And We divided them throughout the earth into nations.* Of them some were righteous, and of them some were otherwise. And We tested them with good [times] and bad that perhaps they would return [to obedience]. And there followed them successors who inherited the Scripture [while] *taking the commodities of this lower life and saying, "It will be forgiven for us."* And if an offer like it comes to them, they will [again] take it. *Was not the covenant of the Scripture taken from them that they would not say about Allah except the truth,* and they studied what was in it? *And the home of the Hereafter is better for those who fear Allah,* so will you not use reason?" Surah 7:168-169
These verses explain the situation of modern muslims in the west, always going into sinful matters and claiming "Allah will forgive". How do they know that Allah will forgive them for that? Allah has criticized this way of thinking.
I never read this verse before... I feel like it is written for me
A lot of us didn’t choose to live in these western worlds. Many of us have been born and raised here. This is the only home we know and going back to our “motherland” is not possible nor practical. Just trying to give another perspective because it’s not as black and white as it may seem.
@@sabahmansoor4820 salaam,
I am also born in the west. That is not an excuse to stay if it becomes difficult for us to practice Islam. Allahs messenger was born and raised in Makkah and he loved the city but Allah commanded him to leave when it became difficult for muslims to live there.
Saying its impossible to go and find a living in muslim countries is just not true. There are many majority muslim countries that give people citizinship.
Brother, haven't even read your whole thing but... did you know that in most "muslim countries" most people buy houses with Riba (via the bank), maybe Saudi Arabia and a few others are the exceptions but all other countries with majority muslim populations still do Riba and don't have choice for "islamic" mortgage
Your comment is quite misleading, riba is part of how the modern economy works, it's everywhere IN MUSLIM COUNTRIES.
@@sabahmansoor4820 who is forbidding you to do hijra to homeland
“Every bid’ah (innovation) is misguidance and every path of misguidance goes to hell”
The true question is who *needs* to finance a house ? Why can’t you rent?. It’s people just following their desires.
According to Islamic finance: you can't sell something you doesn't own. First buy the item than sale it, however, in mortgage banks they don't buy the property but they finance it. The only way that it may become acceptable is that they should buy the property than added acceptable profit and fixed the entire period someone may agree.
Is it me or there was no straight answer given to any question
They learn from the best political spinners. Tony Blair !
They both agreed conventional mortgage is a form of riba
@@cameo777 As opposed to ?
If it doesn’t feel right in your heart then don’t do it!!
The beauty of this lecture is that it's an introduction into this whole mess. They had many good points, but yeah, it's still not satisfying to me. They skipped some obvious questions to refrain from going into too much depth or taking too long. Probably makes sense to work toward eventually picking up books from the scholars and gaining more depth, if we can somehow get to that level, iA.
As was mentioned, a big take-away is to listen to your heart during the whole process. I mean, while we're still figuring things out, do we really need to rush into buying a house? Is there really a need?
One flaw I noticed with some of those islamic financing contracts that Dr. Hatem El Haj talked about was that they don't allow you to sell early, so for instance, if you make a decision, then learn more over time and realize that actually ribaa means something else perhaps under some specific cirumstances, it would be hard to sell the house and switch to the better way of financing that you might realize at some point.
I am so uncomfortable to talk about Riba as well. I am so scared of it. I bought a very basic and inexpensive house in UK. Before Buying I spoke to my local Imam and he said European and North American Fatwa council both approved conventional mortgage on condition. First condition is where islamic finance is not accessible and second condition is a basic and inexpensive property only for living. However, most of our brother and sisters look for a bit expensive and posh house. I could be wrong and May Allah forgive me and all of my Muslim brothers and sisters.
You want peace of mind? Rent!
What's a requirement is a place to live, not owning the place your live in.
Our goal in life isn't to multiply our wealth rather it is to please our Creator and ultimately we are all headed towards a certain death. Why take a chance at being at war with Al-
Razzaq The Provider??
May Allah make us content people
Not everyone can rent. People with many members of the family need a large place to live in and renting might be too high
We have been renting for five years, as a family with 3 small children we have found we are very vulnerable in a market controlled by rent inflating estate agents. We've rented privately and with agents. We've had bad landlords and good ones. In five years the rent prices have almost doubled. It's definitely not an easy market to exist in, and as professionals who earn very good wages we have little to show for it as most of our money is spent on rent and surviving.
It's a difficult reality to live so please don't judge each other and instead look for solutions and support one another and make dua!
@@nurjahanbegum8081 no one is judging anyone and besides it wouldn't affect no one. You are free to do as you please. Your sins and/or good deeds only affect you. Salam
@Erd, I completely sympathise with your situation. May Allah accept your efforts. It is definitely a difficult reality to live and feeling the oppression of the landlord and suffering indignity at their hands is not easy.
But we must all try and avoid the path if possible and also for long as possible, and if in the end it gets too difficult then Allan is the most merciful and forgiving, He is also the most appreciative of efforts.
Although it's difficult at times for us (especially when we need to move houses) the thought of spending my life trying to acquire a house is just so detestable. I just pray our will power to continue down this line remains strong. May Allah grant us the sincerity in trying to please Him.
@Usman. Actually yes it does affect others. That's why in the last 50 years alone house prices have gone through the roof. Interest compounded does that.
The last thing I want is to die and leave the world a more hostile place for our future Muslims. And when it comes to decisions like this it affects society at large.
As muslims we should live by this simple rule "If you cant afford it don't buy it". Save yourself the risk of not being able to pay something back👍
It’s a very hard topic. Overhere in The Netherlands the rent prices are increased by law with a minimum of 2.5 %. This is common for all rented houses. So in a sense when signing a rental contract we agree on paying a 2.5% minimum annual increase of the monthly rental price. So what alternative is the greater Ribah. Also the monthly cost of having a mortgage are less than renting. Allahu A3lam
You are wrong, if you late with mortage loan paying you will lose you house to bank litearally, how you know you gonna have job for 30 years, stop living in fairytale wake up
@@elvin2010ify . and your conclusion. without a job i can pay the rent of my house, provide for my family, pay my taxes. if so i will sign for your fairy tale anytime
What about inflation? Is this taken into account? If a bank gives someone a loan, let’s say $100,000, and the person agrees to pay the loan back over 30 years. In 30 years time that same $100,000 will be worth a lot less than it was at the time of the origination of the loan. Is it not fair for who ever is giving out the loan that they get the same value back as they lend someone? So $100,000 in todays money would be worth 300,000 in 30 years time. The annual average for inflation across the board is at least 5% if not more. How about this example, if I purchase a brick of gold today for 10,000 dollars, and I hold on to it for a few years, and in a few years I decide to sell that brick of gold, however the value of gold goes up so now I sell the brick for 13,000 dollars. Am I collecting riba in this case? The concept is the same as borrowing money, bc the value of money is lost over time so it’s only fair to get the same worth back. Can someone who is smarter than me try to explain these examples to me? Also if we are not allowed to get loans to start businesses or purchase property, won’t Muslims fall far behind the rest? Just a thought. Thank you and Salam brothers and sisters
I bet most of the people who are thanking Sheikh Yasir Qadhi had already determine to take mortgage and now happy to be backed by a scholar. But we are missing the main point that Sheikh made and he should have emphasized it more that we should consider taking mortgage only when its a dire situation and most of us here reading or watching the video are I hope capable of supporting our family by paying rent. There are a lot of other ways we could pay our rent even if we retire e.g. business or halal investment. And remmember Allah's Rijk.
But yes if someones situation is dire or taking mortgage will bring him close to Allah and he belives it and other thinks so too then definitely he/she can take it.
Another point we, people who live in non muslim country, make a mistake on when we think this problem is only in our country. But even muslim country has banking system that offers loan/mortgage. We all have fair amount of property back in our country but we chose to stay abroad. And we also forget that we are excused to live in a foreign country only to spread our religion. Not to have and expect a comfortable life. And also 10, 20 years of certain saving InshAllah is better than paying 30 years of uncertain(what if I dont have the money sometime for installments) mortgage/Riba.
Rabbi Zidni Eelma.
Ihhdinas siratal mustaqim, ya Allah.
Math is easy!!!
Unfortunately rent rates are on the rise in the west for us also…sometimes by $100’s per month which screws us since rent can change based on the landlord
Have been waiting for a detailed explanation for months! Thanks a lot, very detailed and clear video.
Why not get straight to the point? I listened almost to the whole thing and couldn't get a clear answer. My apologies for the disrespect
If it smells Harlan’s, looks haram, and speaks haram, then it’s haram!! They tried so hard to make us believe Islamic Finance was halal and the answer to our dreams. It’s essentially haram. I love when the sheikh said “follow your heart”. My heart always told me to keep researching. I found my answer thanks to this video. It’s basically haram and making it halal will open the floodgates on ribah. Not today SHAYTAN!!! Ribah will always be haram. Thank you Sheikhs.
Why can’t these Imams, scholars make it simple to understand...they take you around the world. ALLAH AKBAR
😂😂😂
Knowledge of Islam is not that simple. And they have to be careful to not say things that are incorrect as it will result in much sin
But how can there be a hajjah, need, when renting is available? I don't see the hajjah, actually. Loans open up more housing options and you then own a property with equity, whereas renting is always a financial loss with no equity gained.
But then there's also rent to open options too. Which can be structured fully halal to my knowledge. Though they're not as common and you have to careful of fraud.
But I don't see the hajjah argument.
Instead let's look for fully halal solutions which exist.
2:275
Those who consume interest cannot stand [on the Day of Resurrection] except as one stands who is being beaten by Satan into insanity. That is because they say, "Trade is [just] like interest." But Allah has permitted trade and has forbidden interest. So whoever has received an admonition from his Lord and desists may have what is past, and his affair rests with Allah . But whoever returns to [dealing in interest or usury] - those are the companions of the Fire; they will abide eternally therein.
You don't copy and paste Quran verses. A translation isn't good enough. The verse should be explained in context by a learned person. Islam is deeper than copy and pasting translations.
By the way, I've looked in the Quran and found that no where does it criticise the one who is compelled to give interest. Correct me if I'm wrong.
Key word - “CONSUME” . The one who recieves the interest wages a war on Allah. The one who gives is an aconplice but not on the same level of haram and a secondary prohibition. Therefore there is scope for modern interpretation
I couldn't understand anything dr hatem says ... The question was 1-2 minutes . why the answer is about
Almost 1.5 hours .. it should be a sample answer . Yes.or. no
I emailed you long ago about this issue
Do brothers and sisters understand that the rent you pay is actually the payment of the lessors mortgage which includes his principle and INTEREST.
That rent is your living cost. What the person who receives the money does with that money is their sin. Are we responsible for them using that money for buying alcohol or gambling? It literally has nothing to do with us.
"And no bearer of burdens will bear the burden of another. And if a heavily laden soul calls [another] to [carry some of] its load, nothing of it will be carried, even if he should be a close relative. You can only warn those who fear their Lord unseen and have established prayer. And whoever purifies himself only purifies himself for [the benefit of] his soul. And to Allah is the [final] destination." 35:18
JazakAllah Allahuma barik
I miss one topic:
How do we deal with inflation. Money has no value in the long therm. When the Inflation-rate is higher than the interest charges, is this also Riba?
@32 minutes he says we will have problems with calculating zakat and other things if we can’t make an analogy between USD and gold/silver therefore let’s not go there. Well I’m sorry we need to go there, the ulema have more work to do to unravel all of this. Our skin is in the game and I hope the ulema would dig deeper....
السلام عليكم، بارك الله فيكم ونفع بكم وزداكم علما، الإشكال الذي يظل مطروحا في المرابحة هي أن البنوك حتى الإسلامية منها في جميع دول العالم هي مؤسسات مالية وليس لها الحق في تملك الأعيان، فكيف للبنك الإسلامي أن يرابح ما لا يملك وقد نهى صلى الله عليه وسلم عن بيع ما لا نملك. أجبني يا شيخ بارك الله فيك، أطيب المنى والسلام عليكم ورحمة الله وبركاته
Assalamu alaykum. One thing that all scholars fail to mention on this subject, which makes even Islamic Financing haram is that even Islamic Financing requires insurance in any property bought even in Islamic financing. Thus you are engaging in two sins, financing and insurance. So even “so-called” Islamic financing is not allowed. Everyone overlooks this aspect.
“Financing” is not a sin. Riba is a sin.
Normally the Islamic financing involves the bank owning part of the property and yourself owning part of the property. This does not constitute a transaction and the full transaction has to be completed.
Don't believe insurance on property is Haram on its own merit but how the proceeds by the institution is invested. Overall benefits for the community is embedded in Islam and insurance based on some sheikh... believe Sh. Zakir Naik has a small video on the topic that does a much better job. Allah SWT knows best
Who said Insurance is not allowed?? It is mandatory by law to have insurance in most countries. So you are following law of the land, also Scholars have given it's permissibility.
Isn't Morabaha the same as paying interest because the profit is fixed at the end of the term and even with conventional loans the profit is fixed that we pay in form of interest.
What do you think about Shaykh Imran Hosein’s view that Islamic finance is Riba also?
Really interesting discussion
The sharia compliant banks don't actually buy the home and sell it back to you though, it's still the same verbatim wording of any loan. It's not like the bank buys the home and you can say oops, I change my mind and they're stuck with it....I hope one day to see something truly compliant in my life inshAllah!
its all riba
With all due respect to Yasir Qadhi and Dr Hatem El Haj, its NOT a complicated issue. Its laid out in plain language in the Quran by our Creator that its not permissible. No ifs ands or buts. Anyone who legitimises it is in fact invalidating the Shariah of ALLAH SWT.
Lol, you're not a scholar. Don't act like one.
@@altafkalam2716 ohhhkkaaayyyy! thanks for reminding me that I'm not a scholar. Half these so-called scholars are CZcamsrs-turned-muftis LOL.
Just like you can't kill someone in this world and then go claim ignorance in front of the judge, what makes you think you can do that in the matters of the deen? Keep trying though!
It seems like this is all being oversimplified. Meaning that there’s a “letter of the law” vs “spirit of the law” conflict going on.
The problem with pretty much all Islamic finance institutions in the west is they are funded by larger corporations that use Riba. The money to start such Islamic institutions didn’t appear from thin air.
Did dr. Hatem al-haj say selling a laptop for $500 right away, but $700 after 6 months is not riba because of an agreement? Then he did say of course as we know a conventional home mortgage is riba. How are these both scenarios different please explain? Did I miss anything?
Making money/profit on a loan is not permissible. Making money/profile out of a sale is permissible.
Bismillah, i will try to answer as per my understanding, because at first i also have the same question as you. How is this different. The difference is the bank that gives mortgages do not own the house, another person own the house, the bank just give us money to give to the homeowner. Then we pay interest on that money. On laptop case, the person who owns the laptop, sell the laptop on a time agreement. I hope it can help. I am sorry if this is wrong conclusion, All mistakes are my own.
One is a loan. The bank pays the previous owner a lump sum and you pay the bank the loan they gave to pay the lump. There are three parties not two.
You guys should have explained what does "need" actually mean
Need is a state of mind. How concerned is one with something that they need. In today's world everyone needs a car this is a hajah. But in London it is a luxury to own one as you have the tube and so many public transport options. In the Sahara desert it is a dharoorah as someone without a car/camel or any mode of transport will die. Everyone needs a house. But how important is it for them? Are they thinking of doing business with it when the price grows in the future or do they want their kids to have a place to stay or they are finding rents very high to afford and the mortgage is the only option they have? How can the scholars answer this question for us?
@@syedsameerkhadri9031 yep. I'm gonna echo this. Each individual knows their need.
Syed Sameer Khadri. well said. Good analogy That’s why they said if you are not sure then go and ask a knowledgeable scholar.
Yasir qadhi is a flop
Not trying to advocate a mortgage here or play devil's advocate, just trying to understand something InshaaAllah.
What I don't get is if asking for more money in return of giving someone time is permissible, I don't understand how a mortgage is different.
Because in a conventional mortgage, the bank takes ownership of the house and asks the debtor to repay a set amount over a set amount of time. In hindsight, is the bank making money only because they bought a house (for their money), or are they making profit because they are giving the debtor time?
I mean if someone buys a $200k house for me and allows me to pay it over 10 years, but asks for $250k in return, apparently this is permissible. Now, if you call this a percentage, the person giving the loan profits 25%.
I understand a cap was set here, but a conventional mortgage essentially has an agreed upon cap. For example, if a certain percentage is agreed upon and the Muslim pays every payment on time, he is essentially paying that agreed upon end point that he can calculate himself.
So I don't understand why the two scenarios are different.
Undoubtedly riba is Haram. But if making profit off an investment by giving time is permissible, then isn't a mortgage more in this category than riba?
Because some websites even said riba is Haram because one party benefits, but if one party is getting the relaxation of time, that is a huge benefit. So, how is it really any different?
Can someone tell, what’s the clear cut conclusion?
As commented by upf at the top :
The conclusion begins at 1:20:00 , and also includes an additional caveat at 1:24:04. If you don't want to listen to those segments here's a summary of the conclusion:
A Muslim should avoid conventional financing, and instead use Islamic financing if they have a need, even though as it currently stands islamic financial solutions still have problems. If they can not find a islamic financial solution, and they have a *strong * need, then they should consult with a local scholar on whether conventional loan is appropriate for them due to their special circumstance.
In general, we should patronize islamic financial institutions over conventional ones, because we want them to grow in size, so that they can have the power to provide us with more favorable contracts from a Shariee' perspective. At the end of the day, the situation we are in now where the global financial system prevents true islamic offerings from taking place, even in muslim majority countries, is no ones fault besides ours as a ummah.
JazakAllah, scholars. Well done, and well said.
However, I do not think it is enough to say that something in the sharia is just too complicated. Our prophet made life easier, not more difficult. So either we are making some financial rulings unduly complicated like the cow story in Sura Baqara, or failing to explain or understand it easy enough for day to day application.
I did real estate closings for 8+ years as an Ontario lawyer, and closed more than one deals with Islamic finance. I noticed there is a disconnect between how secular real estate law operates at the ground, and how Islamic financial tools are designed by the scholars, generating manifold inefficiency and complexity. This is another factor to keep in mind, aside wider economic environment which impacts Islamic financial products. I really feel there is room simpler sharia compliant Islamic finance products, but Islamic scholars need to give room for real estate legal experts and economic experts, as these three areas blend at the ground zero when an actual deal is being closed.
I totally agree with your point of including real estate and economics experts.
However, the problem with these transactions is that the devil is in the details. When they try to make a simple product that may be slightly risky ,the "Islamic bank" will not agree. For example, (for instance Murabaha) if they tell the bank to buy a house first and then later simply sell to the customer without too much complexity. The bank will not proceed until they have everything in place for a guaranteed profit.
The shaykh mentioned here that the giver of the Riba is not as sinful as the one who takes and then went on to interpret the hadith from Sahih Muslim narrated by Jabir that mentions that giver, taker, the witnesses, and the one who writes the contract are all the same. The thing is, it doesnt matter if the taker of riba is a bit more sinful than the giver, since the hadith mentions that they are all *cursed.* A person that is cursed is doomed for Hellfire. Who cares if the giver will be in a little higher place of hell than the taker who may be in a lower place in hell, they are all in hell for Gods sake. Its a serious matter. So lets not try to make it easier upon the poeple who feel guilty for taking riba loans. Lets not try to embolden the muslims who are reflecting about taking a loan.
Assalamoalaikum - so in conclusion prefer Islamic Financing as much as we can ; and not conventional mortgages. One of the hikmah behind this is "If more demand is there for Islamic Financing" then it will be easier to making these options "More" Islamic and minimize deviations.
There is no 100% sharia compliant option in North America ( or elsewhere).
I would request scholars to be elaborate and give few examples of what kind of circumstances will qualify or justify going in for a purchase of home that costs anywhere between 300 k to 500k .
After opting for Islamic Mortgage also people have to make monthly payments , pay property taxes , pay HOA fees and home insurance cost as application etc etc. So it is not always going to be "CHEAPER" or "COST LESS" than a monthly "RENT". SO the whole argument of going for Islamic Mortgage for buying home doesn't make sense.
Someone who is having enough to make at least 5% or more payment to buy a home ( average home cost that most muslims buy is at least 300k or more) , who has enough income to qualify for getting credit of 280k + , who can take care of closing costs , can't give excuse of having "Haajat" and "Zaroorat" for BUYING a home due to non affordability. This person is earning enough to pay rent and live in more or less same kind of home. The reason for buying is more often than not to build equity and make profit from a rising real estate cost and take benefit of low interest rates in USA and book profits in less than 5 years. By opting for Sharia compliant options same benefits are reaped but feel less guilty as name is " Islamic Mortgages" instead of conventional banking. There is nothing wrong in earning profits but buying on islamic mortgage more than one home giving one on rent and taking benefit from an option which even according to scholars is not 100% halal should be discouraged.
Someone can justify buying small ticket items like Car or mini van on loan considering they might not have cash to buy it. Buying car is absolute necessity in most part of USA but buying home might not qualify as that.
Wassalam.
Islamic financing in its current form is not halal (and a backdoor Riba) and has stopped the way for a true halal/Islamic finance solution because now there is no need for the scholars and the Islamic finance companies (like Guidance etc.) to explore the solution further since 99.99% of the Muslims (who consider conventional banking haram) are now buying houses via so called "Islamic finance solution". And there are 0.001% who don't want to get involved in any Riba whatsover and they are such a minority that there is no need to further improve the current offerings to go towards 100% halal/Islamic finance solutions. That is why Islamic Finance Solutions like Guidance are here for more than 2 decades but no further steps has been taken to go towards true Islamic finance.
Thanks to Covid-19 home prices are hovering around 550-750 instead of 300-500.
There is no doubt in long term (5 or more years it's a huge loss to rent home costing 2000 per month instead of buying ).
However common observation is once we buy then after couple of years we want to move out and then give home on rent to make double equity and earn income from something that we don't 100% own. It's a trap.
On top of it several Muslims will make fun of another Muslims who try to comply by halaal and try not to buy home and live in rented homes.
The least Muslims can do is to encourage others trying to follow teachings of Islam instead of making fun of others.
Can someone summarize please?
Yh would be helpful
A complex topic can't be summarised with a basic answer. But in essence they are arguing that mortgages are not halal but in some aspects it is a grey area.
-There are multiple forms of Riba, or Increase, in human transactions.
-Purchasing a home with interest is considered Riba, and may be haram though scholars are not in complete agreement on this. Some scholars say that, if no other halal purchase option (eg, halal banking) is available and there is a real *need* for the purchase (eg, your only home/car/, etc required to live/travel/etc), then a Riba loan *may* be permissible though Allah Knows Best.
@@liveyourbestlifeguide I don't think that would be an adequate summary.
I suspect what you're looking for is the conclusion, it begins at 1:20:00, and also includes an additional caveat at 1:24:04. If you don't want to listen to those segments here's a summary of the conclusion:
A Muslim should avoid conventional financing, and instead use Islamic financing if they have a need, even though as it currently stands islamic financial solutions still have problems. If they can not find a islamic financial solution, and they have a *strong * need, then they should consult with a local scholar on whether conventional loan is appropriate for them due to their special circumstance.
In general, we should patronize islamic financial institutions over conventional ones, because we want them to grow in size, so that they can have the power to provide us with more favorable contracts from a Shariee' perspective. At the end of the day, the situation we are in now where the global financial system prevents true islamic offerings from taking place, even in muslim majority countries, is no ones fault besides ours as a ummah.
[I tried my best to provide a summary, but any mistake is my own, and you should refer to the actual video]
@@upf9602 thank you for the much improved summary. Are you aware of any halal Islamic banking institutions that can provide home loan refinancing?
Paper currency never consider as metallic currency in term of Riba; we have to have more clarification.
We have to equate some commodity to clarify and we should make some common conclusion of all Fiqh on it and practical example; because of it those institution using Islamic label are exploiting muslims by making very good profit.
It would have been better if Dr. Hatem used an external microphone
Can the same principle in the example of the laptop be applied to purchase a car over a fixed term with a set APR where at the end of the term you pay a lump sum to fully own the car or you can just return it?
Sheikh I will be coming to Knoxville in September Inshallah. I want to know where the mosques and Islamic centres are, what about halal foods and how often do you have sermons? And can I please know which mosque is a Sunni one? (No offence intended)
Sh YQ has now moved to Dallas, Texas.
Since conventional mortgage isn't halal and Islamic banking isn't totally halal, does this mean Muslims in West cannot really invest or do business in property market other than just get one house for living???? Property market can make one stable and wealthy. Means option for Muslims to become wealthy is fewer?
There are many other ways to get wealthy without compromising your Akhira, the goal
Property markets can also put you in bankruptcy
37:14 ☝️Allah will guide us. Seek quran, knowledge and guidance from Allah.
Assalamualikum Sheikhs, very good and detail discussion about Islamic finance, Alhamdullillah. Learned a lot about Islamic financing. quick question about my situation, I live in Ireland and there is no Islamic finance available here. I paying way more money on rent then I would have paid on mortgage if I had one. can I buy house using the conventional mortgage from the banks ?
No.
Pls make it small summary
MashaAllah!!!
Wa alaykumassalam wa rahmatullahi wa barakatuh
Actually, I am surprised that you are talking about this
is there any islamic bank in tx ?which complies the sharia rule. name them please
UIF and Guidance Residential
Nice background🙂🙂
Please tell me how one can patronize these so called "halal mortgage" financiers and also "force" them to change and to become more Shariah compliant? By patronizing them, you are telling them not to change, right? Shouldn't you say do NOT patronize them until they do so and so?
ASC Sheikh.
I disagree your statement regarding sale of item differed payment and added time value of money which is above the sale price is purely interest. Simply if we use simple interest than cost + interest is not acceptable and purely fall under capitalist system of making profit.
absolutely you are right dal wacan
I dont understand because I thought the bank buys the house at the price and sells it back to you for more and you pay a finite amount each month until it is paid off. am I mistaken?
What Dr Hatem and Dr Qadhi mentioned is similar to what you commented. For instance at 1:06:00 Dr Hatem mentions an incident where an institution convinced an Office of controller, that there is no FUNCTIONAL difference between Murabaha and Conventional mortgage. So although in practicality it ends up looking the same, in theory it is not equal because "you do not want to open the floodgates to clear cut riba". A murabaha is where the bank buys the property on behalf of the buyer and immediately sells it to the buyer on a higher price on installments. This is halal. However the conventional mortgage the bank loans you money to buy the property in return for a larger amount of payback money. This is why conventional mortgage becomes haraam. The most commonly used mode of islamic financing is the diminishing musharaka, this is a shared ownership where the bank and the buyer both buy the property and become the co-owners. The buyer moves in and pays in his installment - a combination of rent to the bank for the share of property still owned by the bank and paying back some of the loan.
MashaAllah
Bismillah
The whole question is a waste of time . If there is doubt than rent .
what's Darora to get a loan? how do we define darora???
The reality is... in todays world WE ARE ALL INVOLVED IN RIBA!!!!! Riba was the last law of the Quran and there is a reason for this. Allah most wise insured that before He pronounced on riba the institutions of zakaat, sadaka and bite ul maal among other things were fully established. Only when this was don He pronounced on riba. In areas where these (zakaat etc) are not fully established it is permissible to take a loan ONLY FOR NECESSITY AND NOT FOR VANITY. Its like eating the meat of the pig ONLY FOR SURVIVAL. its plain and simple!!!! The truth is... most scholars of today are not in the business of establishing islaam on the face of the earth (it's to hard and they dont want to be persecuted or killed) so as a substitute they pass bogus fatwahs "to create a comfortable space for muslims" but know this... Untill islaam is established with zakaat, sadaka and bite ul maal fully implemented... WE ALL WILL BE MIXED UP IN RIBA NO MATTER WHAT FANCY BOGUS TRICKERY FATWAS ARE PASSED!!!!!! FACT!!! imam ibrahiym abdul Ghany from Trinidad.
Those who consume interest cannot stand [on the Day of Resurrection] except as one stands who is being beaten by Satan into insanity. That is because they say, "Trade is [just] like interest." But Allah has permitted trade and has forbidden interest. So whoever has received an admonition from his Lord and desists may have what is past, and his affair rests with Allah . But whoever returns to [dealing in interest or usury] - those are the companions of the Fire; they will abide eternally therein.
2:275
Salam Shaikh,
If Islamic Mortgage is available can it be used for Investment purposes as well?
Real Estate remains one of the safest and widely used means of investment and as Muslims we are asked to excel in this world, May Allah allow us to succeed in this Dunya and Aakhirah.
Sheikh can you talk about the situation in turkey with hagia sopia and give us your thoughts and insights on that matter jazakallakhair
Warya, ma guri baad iibsatay. Dhegayso topic
If there was a Islamic or Muslim alternative in the Netherlands I would switch instantly ofcourse I want muslims to participate in the financial game.
Asalamu aleikum I chose to rent but the owner bought this house on mortgage from conventional bank. Is this considered riba from me?
You right. Most likely the owner bought it Riba, however, that is his problem and one day the Lord of this universe will question him.
Not a scholar, but generally you are not responsible for the sins of others.
RIBA is the greatest form of sin. The massage is it should be avoided In all circumstances because Allah created this earth vast enough to find the shelter to live in rather we should talk how to establish Islam so we can establish the Islamic finance where people can do the halal transaction without any doubt. even in the USA there are so many places where you can buy a house with a very low price, one doesn't have to live in New York, California or other places. this is not a very controversial matter because the Quran, the sunnah, Shabah and great Imam have clearly stated it is a great sin regardless of the circumstance unless if someone wants to create there own circumstance.
Shirk is the greatest sin, not riba. It's a great sin but don't confuse these things.
Scholars allowing concessions, Allah SWT and the prophet said NO to RIBA!!!!!
What is Riba? The phone or computer you are using to watch this was designed and manufactured with money financed via Riba. The internet you used to post this was financed through Riba. The power you used to charge your phone was financed by Riba. The masjid you pray in was built and up-kept with donations from money that touches Riba. So do you audit every penny in your masjid ?
Asalaamalaikum, I had given money to my sister to waive of her loan on her house it was of Rs 90,000 in 2008 . At that time the house was of 6 lakh now it value has become 40 lakhs and she is also getting rents on that house . She has not repaid me from all these years though she could , still she is not giving. Now she wants to give back same 90,000 . Can I ask for more than 90,000 as her property rate also has gone up in so many years?? Will I be sinful if I ask for more ?? Will it interest ??
Brother I understand the situation you are describing & I advise you to consult a scholar of your locality or the locality of the property, preferably with your sister present.
Wa alaykumussalam warahmatullahi wabarakaatuh.
Yes you cannot insist she gives you more than what she owes.
However if she gives more from her own free will, then you can take it.
Allahu a'lam.
Also loans in Islam are not business modals. They are rather a form of ibadah where a person helps another and seeks the rewards from Allah ta'ala.
Whether the properly skyrocketed to 40 lakhs or crashed down to 1 lakh, what she owes you is whatever you gave her.
Lol it’s 100% Haram to take even a extra penny from the money you have loaned out. Your thinking is same as the bank. May Allah guide u and all of us from the evil thinking. Aameen
You cannot ask for more than the amount you loaned.
Haram is Haram...no excuse
Islam's principal is to ensure fairness for people. I have been paying rent for almost a decade and rather than constantly move to avoid paying high rent I want to get my own house. The Islamic alternative is expensive and I know i will struggle to make monthly payments. Conventional mortgage is much more cheaper. If Islamic alternative puts me in financial difficulty, is that still more Islamic than conventional mortgage?
Good question. But it's a little bit of the Zina-Life befor marriage. The Girls are nice to you and and want to be with you. It's easier than marriage and you have no big responsiblites. The shaytan is always nice to you and let the sins look 'more halal'.
The test is to do it the halal way. The lesser evil is maybe the islamic banking way, If you have the intention to please Allah Ta3ala.
WaAllahuA3lem
@@Mourice18041982 Good point. "Dating" is easier than marriage and marriage is better for us regardless of the challenges that come with it.
@@Mourice18041982 comment of the year! Never thought of it like that
Needing to visit a restroom- is it a 'haja' or 'darura'?
no clear cut riba, but basicly its the same stuff with extra obstacles very unnecessary hardship. Who will loan you this incredibly big amount of 400.000 euros asking only such a small amount of profit or riba. I'm definitely against riba but all islamic solutions up to now have been less logical then just going to a normal bank. I don't support mortgage or loans these are just my thoughts. But hey we live in the reality.