Getting a mortgage for my father to lesser the interest....

Answered by Shaykh Faraz Rabbani

Question:

Asalamu alykom. May Allah swt bless you for you service and efforts. My question is, my father has a mortgage with a bank. I told him that he needs to refinance with a muslim company, he refused because of the fact that he will be paying more money with the muslim company. Whether its haram or halal, its of no concern to him. He feels that we are in the west(dispensation), and that Allah is All Merciful. I tried many times to change his mind but to no avail. Now my question is, I have never bought a house, and because of this, there is community development program that offers FIRST TIME home buyers a grant towards their downpaymnt which is interest free, and which will also be forgiven over a 10 year period. Also, through the program, we will recieve a much lower interest rate. Which will drastically decrease the house payment. Which also means that we will pay less interest, and pay it off in a shorter period of time. From what I''ve heard ''when confronted with 2 evils, to choose the lesser of the 2''. Would it be permissible for me to use my name, to get my father a lower interest rate. So then what would happen is I would be buying the house from my father, therefore the mortgage would be in my name, but he will be paying it. My father is commiting a kabira, and I want him out of it asap. So then If the answer is yes, should there be a sort of contract between my father and I? please a quick response would be greatly appreciated.

Answer:

In the Name of Allah, Most Gracious, Most Merciful

Walaikum assalam wa rahmatullah,

I pray that this finds you well, and in the best of health and spirits. May Allah grant you all good and success in this life and the next.

Given the severity of the prohibition of riba in the Qur'an--explained in a number of answers in the SunniPath QA (http://qa.sunnipath.com)--it would not be permitted for you to enter into a riba-based transaction for the sake of your father.

Allah Most High warns us in Surat al-Baqara (verses 276 onwards),

Those who devour usury shall not rise again except as he rises, whom Satan of the touch prostrates; that is because they say, 'Trafficking (trade) is like usury.' God has permitted trafficking, and forbidden usury. Whosoever receives an admonition from his Lord and gives over, he shall have his past gains, and his affair is committed to God; but whosoever reverts -- those are the inhabitants of the Fire, therein dwelling forever. God blots out usury, but freewill offerings He augments with interest. God loves not any guilty ingrate.

Those who believe and do deeds of righteousness, and perform the prayer, and pay the alms -- their wage awaits them with their Lord, and no fear shall be on them, neither shall they sorrow.

O believers, fear you God; and give up the usury that is outstanding, if you are believers. But if you do not, then take notice that God shall war with you, and His Messenger; yet if you repent, you shall have your principal, unwronging and unwronged.

280 And if any man should be in difficulties, let him have respite till things are easier; but that you should give freewill offerings is better for you, did you but know.

And fear a day wherein you shall be returned to God, and every soul shall be paid in full what it has earned; and they shall not be wronged.

And Allah alone gives success.

Faraz Rabbani

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