The most downloaded article
The article addresses one of the most debated query in Islamic history asking for the justification of allowing “mark-up” in a deferred sale but not allowing “interest” in loan, i.e., in other words of present context it asks what is the difference in Murabaha Financing (cost plus) and Lending on Interest (principal or loan plus)?
The question in its intelligence is logical and so the criticism, it should be answered realistically that shall win through commonsensical arguments of differentiation and distinction. Essentially, it is a conceptual difficulty deep-rooted in the misunderstanding of Riba, not resolved satisfactorily within “who said what analysis” approach and shall be answered with economic and natural reasoning.
More to the point while answering the question, I have given a logical premise for the definition of “economic activity” and a pragmatic new concept for the classification of “economic activities”.
Onward from July 2008 when this article Murabaha Financing VS Lending on Interest was posted in "My Articles / Downloads" section, it has remained the number one article downloaded each month from the present list of items on my site. In the previous month of August 2010, this article was downloaded 861 times.
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Buying home with bank vs. Islamic co-op
Assalamu alaikom, there is an Islamic co-op available which provides financing towards the purchase of a home. After examining the cost of the loan after 16 years 10 months, we would be paying $290,000 for a $170,000 loan, which is much higher than the bank. Amongst its terms, the co-op is also entitled to a 10 or 20% percentage of capital gain/ loss if the home were to be sold before the end of the term, and finally there is a $10 proceesing fee charged per month. Please share your thoughts.
Issue of riba, not yet settled
Jazaak Allah
for directing to the ruling (Muslim: Book 10: Hadith 3881).
It will be very kind of you, if you could further clarify #2 and #3.
#2 you mentioned
>if you find a solution/deal confirming to your Islamic beliefs from a conventional bank (most probably that would be similar to one offered by an Islamic Bank, mark-up or profit instead of interest).
SubhanAllah, the deal offered is indeed a conventional mortgage, with interest. My intention was to seek clarification if it is allowed (as it is the only way to purchase a house in this country and infact I save 300 euros, if I switch from renting to mortgage, which I can give in charity)
#3 you mentioned
>firstly the issue of riba not yet settled
Can you throw more light on it please? What issue of riba is not settled? Does it mean a student can take interest based student loan?
I am aware that you are not in a position to issue fatwas. There are diverse (and sometimes, contradicting) fatwas by Imams in relation to permissibility of interest based loans (as last resort) in situations (described in #2 and #3) that a muslim is confused. I sincerely wish to know what a muslim should do in such situations. It will immensely help if you or any knowledgeable readers of your blog can share their thoughts in this regard (with supporting Quran verses or Hadeeth, if possible).
Jazaak Allah
Why riba is not settled issue
Al Salam Alaikoum!
Briefly, I will try to address your points as under:
Paying Interest
Assalaam Aalaikum.
A very informative site. One clarification though, is the permissibility of paying interest.
Allah(swt) has forbidden taking riba/interest (2:278, 2:279). However, is there a ruling, which forbids its paying.
For example, if one lives (say in Germany) with family and pays a monthly rent of 700 euros for the house. However if he buys the house, the bank charges 400 euros interest on mortgage, which is 300 euros cheaper. The 300 euros can be used to give charity to poor or can be paid to the bank (as installments) to buy back the house. OR if one wants to study. The university fee is 20000 euros. Either take loan from the bank at 3percent simple interest, to be paid back after 5 years or do not join the university and remain unemployed.
Jazaak Allah
Ruling on Paying of Interest
Al Salam Alaikoum!
I will make three part of your posting to respond accordingly:
#1:
Paying Interest : Since you are asking for a ruling that forbids paying of interest, here is one hadith that clearly answers your question:
Jabir said that Allah's Messenger (may peace be upon him) cursed the accepter of interest and its payer, and one who records it, and the two witnesses, and he said: They are all equal. Reference - Muslim :: Book 10 : Hadith 3881 - Link Here
#2:
Buying house against mortgage : Islam is not only for Islamic Banks but for all muslims, if you find a solution/deal confirming to your Islamic beliefs from a conventional bank (most probably that would be similar to one offered by an Islamic Bank, mark-up or profit instead of interest) then there is no reason why you can’t avail that one. In the contracts of sales, rents, this is quite possible. In my view, the only concern here is the charging of interest on late payments either in the name of interest or fine that Islamic Banks charges and claim to give it to charities which is not justified even for the good work of charity, this can’t be enforced as principle.
#3:
Loans for Education : this is an acute issue, can’t be answered because of two primary reasons, firstly the issue of riba not yet settled and secondly the implementation of Islamic doctrine in whole where education shall become the responsibility of the government.
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