Question
Some muftis in UK say that it is permissible to pay interest to non-Muslims in UK. The following rationale is being given to justify taking a mortgage in the UK. Is this correct? See below: A mortgage does not fall under the prohibited ribā, according to Hanafī fiqh. They use the Hadith: "There is no ribā between a Muslim and a harbī." This is supported by the fact that the nufūs and wealth of harbīs are not ma'sūm, based upon the clear verses of the Qur'ān. Harbī refers to that disbeliever who is neither a dhimmī, a citizen of the Muslim state who pays jizyah, nor a musta'min, who has been granted protection. A condition for a transaction to be considered ribā is that the wealth of both parties be ma'sūm, and that condition is missing here. Thus, any interest-based transaction between a Muslim and harbī cannot be considered ribā according to Imām Abū Hanīfah.
Answer
This 'fatwa' of some UK molvis is corrupt and baseless. Firstly, the statement of Imaam Abu Hanifah (Rahmatullah alayh): "There is no riba between a Muslim and a Harbi", is valid in a Darul Harb. Secondly, it means that a Muslim may accept interest from a Harbi. It does not mean that a Muslim may give interest to a Harbi.
In a mortgage, Muslims pay interest to the kuffaar. They do not receive interest from the kuffaar. Hence, the statement of Imaam Abu Hanifah is not applicable, and offers no basis for halaalization of riba in U.K.
If those who legalize interest on the basis that U.K. is Darul Harb, then on the very same basis Jumuah Salaat will not be valid over there. But they all do perform Jumuah Salaat in their Darul Harb.
The argument that the wealth of the kuffaar in UK is not ma'soom' means that it is permissible to rob and loot in UK. But these very molvis in UK are the worst bootlickers of the kuffaar over there. They should boldly explain what they mean by the wealth of UK non-Muslims not being 'ma'soom'. We are positive that they shall never venture to elucidate this concept. Their logic is absolutely corrupt and influenced by their bestial nafs.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 27 No 01
- PDF page
- 16
Appears under RIBA IN U.K.? (approximate).