Purchasing a house which still has interest bearing loan…

Answered by Shaykh Muhammad ibn Adam al-Kawthari

Question:

My parents own a home. They are not Muslims, as I am, Masha Allah. I am moving Insha Allah, and therefore, they now want to sell their home since I will not be the renter anymore. The house is valued, after a market analysis, at $75,000 - $85,000. I have a friend, whom is also a Muslim that is interested in buying their home. My parents would be selling their home to them for $5,000 down and $60,000 remaining. They have agreed to let them make payments to them monthly. My question to you is:

Answer:

In the Name of Allah, Most Gracious, Most Merciful

In the name of Allah, Most Compassionate, Most Merciful,

When one acquires a house on mortgage, then, despite the actual act of giving interest being unlawful, the house or property comes into one’s ownership. As such, it would be perfectly okay for another person to purchase this house and reside in it, for there is nothing wrong or filthy in the house itself.

Having understood this, if your non-Muslim parents sell the house to your Muslim friend without your friend having to take the responsibility of paying any remainder of the mortgage, then it will be permitted for your friend to purchase this house. It will be permitted for him to purchase the house regardless of what price it is sold at, as long as both parties mutually agree on a sum.

However, if by purchasing the house, your Muslim friend has to take up the mortgage and pay the remainder, it will not be permitted for him to purchase this house. The reason being is that in this case your friend will be involving himself in the transaction of interest (riba) which is unlawful. If he defaults in his regular instalments, the interest will build up on him, hence in such a situation, purchasing this house will not be allowed.

And Allah knows best

Muhammad ibn Adam al-Kawthari
Darul Iftaa, Leicester, UK

MMVIII © SunniPath.
All rights reserved
No part of this article may be reproduced, displayed, modified, or distributed without the express prior written permission of the copyright holder. For permission, please submit a request at our Helpdesk.

Now What?

The Messenger of Allah, peace and blessings be upon him, said, "Knowledge is only through study." While some knowledge can be gained from reading or casually listening to lectures, the best means to gain knowledge is through finding a qualified teacher and then setting up a systematic program of learning. Picking up a book or reading an article and trying to figure things out on our own is no substitute for learning from someone who has a direct link to our living tradition.

Through joining an online class at SunniPath Academy, you can benefit from convenient, online courses that will give you access to reliable scholars and our popular curriculum learning tracks. Knowledge gained in these courses will both build your iman and assist you in putting into practice what you learn. Don't give yourself less than you deserve, register today.

Related Links:

  1. Why you'll love our courses
  2. How SunniPath courses work (video)
  3. What our students say
  4. Our current available courses
Donate Now
Academic Calendar?
Feb 5 Spring Late Registration Ends
March 16 Summer Registration Begins
April 23 Summer Financial Aid Deadline
April 25 Spring Semester Ends
May 11 Summer Semester Begins
May 28 Late Registration Ends
View entire academic calendar

Featured Courses