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Forced to take a home loan by wife

Last updated: 19th November 2019
Question ID: #4325
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Assalam Alaikum Dear Sheikhs, I have a very unique situation and I desperately need your help. I am a practicing Muslim from China and I study in the U.S. as a student. I get married to a Muslim woman born in the U.S.. She is initially very pious but recently she demands me to buy a house with her by taking a home loan, with our savings as the down payment. I told her that this is haram but she does not listen and threatens to divorce me. You might think that it is easy to just divorce her, but for me it is difficult. Why? Because I have to go back to China once my study is over if I am not married to an American and it is terrible for a practicing Muslim in China (the government will force me to renounce Islam if they know that I am practicing; only the "Muslims" in name are fine). What should I do? It is hard to marry another woman especially if I divorce my current wife because divorced people are harder to find spouses. Am I less sinful since I am forced to take this loan? Thank you.




In the Name of Allah, The Most Gracious, The Most Merciful



Dear Brother-in-Islām, 


Whilst we understand your plight and understand the importance of having a personal property, note that it is impermissible to take a conventional home-finance or mortgage as it entails ribā (interest/usury). Doing so would go against the clear commandments of Allāh Ta’āla. [1] 


Whilst you are unable to presently purchase a property outright, renting is always an alternative.


However, if you are eager to purchase, consider and enquire about Sharī’ah compliant Home-Financing in the States.


And Allah Ta’āla knows best

26 December 2019 / 29 Rabī’ul Ākhir 1441 AH

_____________________



[1] 


الَّذِينَ يَأْكُلُونَ الرِّبَا لَا يَقُومُونَ إِلَّا كَمَا يَقُومُ الَّذِي يَتَخَبَّطُهُ الشَّيْطَانُ مِنَ الْمَسِّ ۚ ذَٰلِكَ بِأَنَّهُمْ قَالُوا إِنَّمَا الْبَيْعُ مِثْلُ الرِّبَا ۗ وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَا ۚ فَمَن جَاءَهُ مَوْعِظَةٌ مِّن رَّبِّهِ فَانتَهَىٰ فَلَهُ مَا سَلَفَ وَأَمْرُهُ إِلَى اللَّهِ ۖ وَمَنْ عَادَ فَأُولَٰئِكَ أَصْحَابُ النَّارِ ۖ هُمْ فِيهَا خَالِدُونَ - سورة البقرة ٢٧٥:٢ 


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. [Surah Al-Baqarah 2:275]


يَا أَيُّهَا الَّذِينَ آمَنُوا اتَّقُوا اللَّهَ وَذَرُوا مَا بَقِيَ مِنَ الرِّبَا إِن كُنتُم مُّؤْمِنِينَ - سورة البقرة ٢٧٨:٢ 


O you who have believed, fear Allah and give up what remains [due to you] of interest, if you should be believers.  

[Surah Al-Baqarah 2:278]


فَإِن لَّمْ تَفْعَلُوا فَأْذَنُوا بِحَرْبٍ مِّنَ اللَّهِ وَرَسُولِهِ ۖ وَإِن تُبْتُمْ فَلَكُمْ رُءُوسُ أَمْوَالِكُمْ لَا تَظْلِمُونَ وَلَا تُظْلَمُونَ - سورة البقرة ٢٧٩:٢ 


And if you do not, then be informed of a war [against you] from Allah and His Messenger. 

But if you repent, you may have your principal - [thus] you do no wrong, nor are you wronged. [Surah Al-Baqarah 2:279]



Mufti
Answer last updated on:
26th December 2019
Answered by:
Ulamaa ID 17
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