Property bought on installments or mortgage loan
1. I intend to buy a house in my native place, paying 50 percent of the value to start with, and paying the balance by monthly installments. This will inevitably increase the price. However, it is the only way I can manage to have a house of my own. Is there anything wrong with this method of purchase?
2. I am an American citizen with a moderate income. I cannot purchase a house on cash payment. House rent is very excessive and householders do not like to rend their homes to families with children. Islamic societies in the US denounce the method of purchasing a house on bank loan as it involves interest. How can a family in the low-to-moderate income group have a house for living?
1. It is well-known practice that when you buy anything on the basis of paying its price, or part of it, sometime later, then the price of that article is set higher. In Islamic terminology, this is referred to as "term" purchase. When you tell the owner that you want to buy that article and agree to the terms of payment, he will tell you that you may have that article for say, 50 if you pay immediately and, 55 if you pay after three months. This is perfectly acceptable. This is neither interest not usury. It is simply a raising of the price agreed at the time of purchase in return for a particular facility of payment. Scholars agree that this is perfectly permissible.
This method applies to buying anything on installments. There is a mutual benefit to the buyer and seller in this method. The buyer spreads amount which relieves the burden of having to pay the whole amount at the beginning and the seller has the commodity sold and receives a higher price for it in return for waiting for payment. There is no harm in that.
2. There are certain principles which we must keep in mind when we consider a question like this in the conditions that prevail in our world generally, or in a certain area in particular. First of all, we must remember that the purpose of Islamic legislation is to serve the interests of the community. This applies to the whole community of mankind, and to the Muslim community in particular. It is a rule of Islamic law that says: "Whenever people's interest happens to be, God's law will sanction it."
This law is not to be taken as absolute, without any qualification. It is indeed qualified by all clear statement in the Qur'an and the Sunnah which spell out clear orders or define prohibitions. This means that whether there is no firm ruling on a particular matter, then what serves the interest of the community is sanctioned and endorsed by God's law.
Another principle is that "essential needs relax prohibitions." This is certainly subject to situations and conditions, but the principle is clear. It applies where the need is basic and cannot be fulfilled without the relaxation of a prohibition. An example is that of a person who is starving, and has no expectation of getting food, except something forbidden, such as pork or carrion. He may eat of that, although it is forbidden, but he takes only what is sufficient for him to stay alive until he is able to get wholesome and permissible food.
A third principle is that the Islamic law seeks to protect in good order five major things in human life, which are: Faith, self, mind, offspring (or family) and property. What is needed to preserve and protect these is essential.
If we bear all that in mind and remember that shelter is basic to human existence, we are bound to consider shelter a human right that society is required to fulfill. In an Islamic society the state is required to make housing a priority area until every one in the community is properly housed.
In view of all this, and since Muslims live in all types of societies, they have to deal with their particular situations in the light of Islamic law, violating none of its principles, except what may be relaxed in an emergency, and trying to satisfy their needs for a comfortable living which enables them to be productive. It is only when they are productive that they fulfill the purpose of their creation in a proper manner.
All the information supplied by my reader about housing in the US are correct. Rent is very high, and it can easily be beyond the means of a family of mid-range income. Prices of property are too high for most people to be able to buy a house and pay in ready cash. On the other hand, it is practically impossible for anyone to have an interest-free loan of an amount sufficient to buy even a single room in a house of modest specifications. Hence we must look at the method of house buying that prevails there and see whether Islam will allow it.
We find that the building society or a bank is willing to advance money for the purchase of a house, provided that the borrower mortgages a house to the bank to secure the loan. It imposes a charge which may be called "service charge", or "commission", it may call more plainly "interest." It may either be fixed or changeable according to the prevailing interest rate. When the house or apartment is bought, it is registered in the name of the buyer who is able to use it for residence straightway. As long as he pays the monthly installments agreed with the building society, or whoever is the lender, no one can detract from his right of ownership. Should he decide to sell the house before the loan is fully repaid, no one interferes with his decision. He is only required to repay the remainder of his debt immediately on receipt of the price. What happens in practice is that the house would have appreciated in value. The owner who had borrowed a very large part, if not all, of the price takes all the price increase as his own profit. Should he have lived in the house for a few years, what he receives is likely to be higher than the whole amount he had paid for it, including the monthly installments. In addition, he would have lived in a proper house.
If you look at all the aspects of this transaction you find it totally different in nature from a usurious loan which the borrower takes out only because he is in dire need, and the lender exploits that need taking unwarranted profit for no effort he makes. In the house mortgage transaction, the benefit is largely to the borrower, fulfilling one of his essential living needs. As such, we cannot denounce it on the basis of being interest-based. We have to look at its detailed aspect to determine where the benefit lies.
Whenever a scholar visits the United States or Europe, he is frequently asked about this transaction. If the question is made simply as borrowing on interest to buy a house, the answer is most likely to be one of prohibition. What I have found during my long stay in Britain is that whenever the transaction is explained in detail, the scholar is likely to change his view, looking at the fact that it answers an essential need, and the benefit it is certain to give to the house buyer and his family. I personally have discussed this question with a number of scholars from different countries, and most, if not all, had come round to say that a mortgage loan may be obtained for house purchase. Some said that it is totally permissible, while others chose to consider it permissible on the basis of meeting a basic need.
Prophecies and the end of the world
All famous religious traditions speak of a great earthquake that follows a great war. The Prophet Muhammad, peace be upon him, gives a unique prophecy in the sense that he spoke of the earth reversing its axis and rotation (refer to Al-Bukhari 7121). Is there any other Hadith which may give us a hint on what will cause our planet to change rotation? A massive underground oil field explosion could almost certainly spin the earth out of control causing the sun to rise in the west.
The Hadith which you have referred to is related by Al-Bukhari on the authority of Abu-Hurairah who quotes the Prophet as saying: "The Day of Judgment does not take place until two great camps engage in a war which causes a great number of casualties on both sides, and both the camps advocate the same message, and until around thirty liars and impostors have appeared, everyone of whom claiming to be a messenger of Allah; and true knowledge becomes scarce and earthquakes frequent; and time becomes short and trials increase and numerous killings are witnessed; and you have plenty of money to the extent that a wealthy person worries whether he will find someone to accept his zakah and he offers it to another person and the latter says, 'I have no need for it'; and people take pride in constructing high-rise buildings; and a man would pass by the grave of another and say: 'I wish I was in this place'; and until the sun rises from the west. When it rises there and people see it, they all will become believers. At that time, no soul will benefit by believing if it had not acted on its belief. When the hour will fall, two people might have extended a garment between them but could not complete its sale or its folding; and a man would have expressed the milk of his she-camel but could not drink it; and a man would have filled his water container but could not drink it; and a man would raise food to his mouth but could not eat it."
As you see, the Hadith gives a very vivid description of the suddenness with which the end of human life occurs. People are taken unawares, doing their normal daily activities, but when the time comes, everything freezes in place to the extent that if a person is raising some food to his mouth to eat, he cannot eat it. The Hadith does not mention a particular earthquake of any special magnitude. It simply speaks of earthquakes becoming frequent. There is no indication in the Hadith that all these aspects will occur at the same time. It is not necessary that the frequency of earthquakes should come hand in hand with people being wealthy to the extent that no one is in need of charity. Nor should either indication of the approach of the day of judgment be also accompanied by people wishing that they were dead, because death seems to be more comforting than living.
The Hadith, however, tells us that the sun will certainly be made to rise in the west and at that particular time, it is of no use to believe in Allah, if one has not believed in Him beforehand. That indicates the moment when all actions will be of no consequence. The day of judgment has arrived and the duration of life with the test it involves is over.
Whether the rising of the sun from the west is caused by an explosion that may take place underground or overground we are not told. Such an explosion, as you say, may cause the earth to spin "out of control", but Allah will still be in control of the earth and the universe. How will Allah make the sun rise from the west is not explained to us in this Hadith. We do not need to go into the details of that, because knowing the details need not affect our firm belief that Allah is able to cause the sun to rise in the west. He is also able to bring that about in numerous ways. How He chooses to accomplish that purpose of His is His business.
Prophet: Appealing to the Prophet, peace be upon him
Back home, front walls of mosques are adorned with inscriptions of "Ya Allah" on the right and "Ya Muhammad" on the left. Here in Saudi Arabia the "Ya" is omitted. Could you please explain why. May I also ask whether it is proper to do as certain people persistently do, which is to say "Ya Rasool Allah" whenever they begin something or change their position. Some people request a person who is going to Madinah for visiting Prophet's Mosque there to convey his greetings to the Prophet, peace be upon him. Is that permissible? Finally, may I ask what should one say when one stands near the Prophet's grave in Madinah?
"Ya" is an Arabic model word which signifies address or appeal. Only a present, living being can be addressed. Since the Prophet, peace be upon him, has died, and he is not with us any more, to address him with "Ya" is wrong. If it is meant by way of appeal, it is even worse. We may appeal only to Allah for help, because Allah is ever-living and He is present wherever we are. The Prophet, peace be upon him, can do nothing for us until the day of judgment when he may intercede with Allah on our behalf. His intercession, however, will not apply to anyone who strays away from His guidance. He has taught us to appeal only to Allah. He has also taught us not to treat him on equal footing with Allah. When we put the two inscriptions which you have mentioned "Ya Allah" and "Ya Muhammad" we are treating the Prophet, peace be upon him, on the same level as Allah. This is wrong and contrary to Prophet's own guidance and teachings. As I have said repeatedly in this column, our love of the Prophet, peace be upon him, can best be demonstrated by following his guidance as his companions did. None of his companions used to address him in such a form after his death.
What those people who say "Ya Rasool Allah" actually do is to appeal to the Prophet, peace be upon him, to facilitate for them whatever they want to do. They fall in effect in the pit of polytheism against which the Prophet, peace be upon him, has consistently warned us. I cannot understand why such people repeat such a phrase if they were truly Muslims, if they truly valued the teachings of the Prophet, peace be upon him. There is simply no Islamic basis whatsoever for their habit. It is only Allah that can help them, and they should appeal only to Him. In other words, they should say "Ya Allah".
It is permissible to convey to the Prophet, peace be upon him, the greetings of people who ask us to do so. When we stand near to his grave in Madinah we say in an audible voice: "Messenger of Allah, Mr. X or Mrs. Y extends his or her greetings to you." What we ourselves should say on our own behalf is "Peace be to you (Assalamo Alaikum), messenger of Allah." We may add our testimony that he has conveyed Allah's message complete and has given us good counsel. We must guard against any idolatrous practices, such as touching the stones of his tomb or rubbing our faces or bodies against these stones. Such practices are simply rituals of stone worship which are alien to Islam.
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