Buying a house through a rent-to-own scheme

I am in the UK and it is impossible to buy a house unless you have a very large sum of money. However now there are halal’ mortgages being offered to muslims and i would like to know if these are permissible. The way it works is that a muslim bank buys 80% of the house and you buy 20%. Then you live in the house and also make a monthly payment to the bank which consists of two parts. One part is a repayment of the 80% which the bank owns and one part is a rental payment to the bank because you are also occupying the 80% which the bank owns. The rental payment is fixed for 6 months after which it is reviewed by the bank and a new rental figure is set for the next 6 months. This carries on until you pay off all the 80% which the bank owns. Is this permissible? Please please could you answer this question as i am married and am in desperate need of a house and this seems like my only option apart from renting.

Praise be to Allaah.

What we understand from the question is that the bank sells its share of the house to you, and the price is divided into monthly instalments. But at the same time the bank retains its ownership of the house until the instalments are paid off, and during that period it rents its share of the house to you.

Based on that, you pay a monthly sum, part of which is towards the price of the house and the other part is rent for the house.

This is one of the kinds of “rent-to-own” schemes, and it is a haraam kind, because it includes a number of things that are contrary to sharee‘ah, namely:

1-     It goes against the implication of the sale contract, because the sale contract implies that the item sold is transferred to the purchaser, but in this case the house remains under the ownership of the bank and is not transferred to the purchaser.

One of the statements of the Islamic Fiqh Council is that “the seller has no right to retain ownership of the sold item after the sale.” Continue reading

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Meaning of the hadeeth “Whoever sells a house or piece of land and does not put its price into something similar, will not be blessed therein”

It was narrated from the Prophet (blessings and peace of Allah be upon him) that he said: “Whoever sells a house or piece of land then does not put its price into something similar, will not be blessed therein.” Shaykh al-Albaani (may Allah have mercy on him) classed it as saheeh. I would like to know more about the meaning of the hadeeth, including what is meant by the words “it will never be blessed for him” and what is meant by “putting its price into something similar.” Does that only refer to buying another house or could it also include building another house or developing another piece of land? Can we not interpret the hadeeth as meaning that it is haraam to use the price of land except to buy other land or to build a house on other land or to develop other land?.

Praise be to Allaah.

The hadeeth referred to was narrated by Imam Ahmad (17990) and Ibn Maajah (2481) from Sa‘eed ibn Hurayth (may Allah be pleased with him) who said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “Whoever sells a house or piece of land then does not put its price into something similar deserves not to be blessed therein.”

Ibn Maajah (2482) narrated that Hudhayfah ibn al-Yamaan (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “Whoever sells a house and does not put its price into something similar will not be blessed therein.”

This hadeeth was classed as hasan by Shaykh al-Albaani (may Allah have mercy on him) in as-Silsilah as-Saheehah, 5/326, when all its isnaads and corroborating reports are taken together.  Continue reading

Ruling on renting a house to a Hindu

My family and me live in a 2-story house. We are putting the first floor for rent. And the person who might live in the first floor is Hindu. Is it bad for a pagan to live in the same house as a Muslim?.

Praise be to Allaah.

There is nothing wrong with renting a house to a non-Muslim for him to live in, but it is haraam to rent it to him to anyone who is going to use it for sinful purposes such as if he is going to use it as a house of worship or a venue for sinful activities and so on.

It is preferable to rent it to a Muslim.

As-Sarkhasi (may Allah have mercy on him) said:

There is nothing wrong with a Muslim renting out a house to a dhimmi (non-Muslim living under Muslim rule), and if the latter drinks wine in it, or worships the cross in it, or brings pork into it, there is no sin on the Muslim for any of that, because he did not rent out the house for that purpose. The sin is the action of the renter and there is no sin on the landlord for that.  Continue reading

Is it permissible to bury the deceased in his house?

Is it allowed for a muslim to be buried inside his own compound where he has built his house? This is because muslim cemetries are difficult to find in our area, and it has thus become the norm to see muslims burying their deceased inside the family compounds.

Praise be to Allaah.

Firstly:

The Sunnah is to bury the dead in public graveyards.

Ibn Qudaamah (may Allah have mercy on him) said: Burial in Muslim graveyards was more liked by Abu ‘Abdullah [i.e., Imam Ahmad] than burial in people’s homes, because it is less harmful to the living among his heirs, and is more befitting, and it means that there will be more du‘aa’s and prayers for mercy for the deceased. The Sahaabah and Taabi‘een, and those who followed them, continued to bury their dead outside the city.

If it is said: The Prophet (blessings and peace of Allah be upon him) was buried in his house and his two Companions were buried beside him, the response is: ‘Aa’ishah said: “That was only done lest his grave be taken as a place of worship.” Narrated by al-Bukhaari.  Continue reading

Ruling on Muslim praying in the house of a Christian

Is it permissible to offer namaz in the house of a non-muslim?.

Praise be to Allaah.

It is permissible to pray in the house of a Christian or anyone else who does not follow the religion of Islam because of the general meaning of the words of the Prophet (blessings and peace of Allah be upon him): “… the earth has been made for me a place of prostration and a means of purification, so wherever a man of my ummah is when the time for prayer comes, let him pray…”

Narrated by al-Bukhaari, 323

As-Sindi (may Allah have mercy on him) said: What we learn from the hadeeth is that the earth itself in its entirety is a place for prayer, unless there is any impediment in the presence of which prayer is makrooh or invalid, in which case the ruling is connected to that impediment. Continue reading

Is it permissible for the husband to bring one wife into the house of another wife without the latter’s consent?

My friends husband brought his 2nd wife in to her flat when she wasn’t there(without her permission) and now when she came to know it he is saying this is his house and he can bring anybody into it,asking her to show avidence from the quran and sunnah where it says he cant bring her co-wife in her house without her permition..please let us know what is correct according to quran and sunnah.

Praise be to Allaah.

What seems to be the case is that the husband has no right to do that, unless the wife whose house it is gives permission and approves of it, because of what is well known of women’s jealousy in most cases and the desire of each woman to have her house to herself.

This prohibition is further emphasised in the case asked about here, namely bringing her into the house in the absence of the wife whose house it is, because of the suspicion that he may engage in intimacy with her in the house of the other wife; it is well known that this would cause upset to her.  Continue reading

He mortgaged his house with the bank, in order to take out a loan

My parents made the mistake of getting into a mortgage house awhile back and we have definately seen the effects of that sin. After making countless dua to Allah for my parents and asking to forgive us and trying my best to please Allah (swt)Alhamdulillah my parents decided to sell the house and move into a rent and not deal with riba. And because of that the house was sold in 1 day and made things soo easy. At first I was shocked because it wasnt like that before when they wanted to sell the house. Then I realized that with the right intention Allah makes things easy.Alhamdulillah. Im not sure how the banking or mortgage thing works but they had to pay the interest first monthly for number of years then when they finished that they started paying for the house monthly.Now the price of the house has increased from the time they had bought it and when they sold the house they made some profit because of that. My question is..is it ok for them to use/benefit from that profit made, like pay off other debts, invest it in a business etc?.

Praise be to Allaah.

There is no sin in the act of using a house or other wealth or property as surety for a loan, in and of itself. Such a pledge is in fact merely giving a guarantee for the debt, so as to assure the lender that he will get his rights from that pledge, if the borrower does not pay off the debt in time or does not pay it in full.  Continue reading

Borrowing from the bank to buy a house

I am an employee… My problem has to do with our family’s house. This house belonged to my grandfather (may Allah have mercy on him), and after his death it came into the possession of his eight children, five males and three females, and my grandmother. I am the son of the oldest son who paid fifty-percent of the costs of building the house, and I expanded it. … One paternal uncle lives in the house, and he is married with two sons. My family and paternal uncles and aunts all have their own houses and do not need this house.
My question is: I want to buy this house with a loan from the bank, from my uncles and aunts because I need it. … Is this permissible according to sharee‘ah?.

Praise be to Allaah.

Loans from banks are of two types:

1.     A “goodly loan” (qard hasan) which does not involve any additional payment (interest); there is nothing wrong with this;

2.     A loan with interest, which is riba, and there is scholarly consensus that it is haraam. It is not permissible except in cases of urgent  necessity which cannot be met except by taking out a riba-based loan. The need for housing does not reach a level which makes it permissible to deal with riba, because this need can be met by renting. So it is not permissible to take out a riba-based loan in order to buy a house.  Continue reading

Ruling on buying a house with riba in a kaafir country

I am a married woman. A while ago my husband work circumstances have improved a lot, Alhamdulillah. Instead of thanking Allah for this favour, may Allah correct him, he insists on buying a house by an interest-based mortgage. He says that many scholars have permitted this for who lives in a non-Muslim country. Shall I ask for divorce, or stay with him while the whole sin in on him? Will I be sinful if I intentionally choose an expensive house so that he feels unable to pay big installments and changes his mind? Please do not neglect this question as it is very important. Shall I ask for divorce or what? Please advise me I am very confused as we have a son.

Praise be to Allaah.

Firstly:

It is not permissible to buy a house or anything else by means of riba, whether that is in a Muslim country or non-Muslim country, because of the general meaning of the evidence which forbids riba and curses the one who consumes it and the one who pays it. This is the view of the majority of scholars.

The Hanafis are of the view that it is permissible to take riba from non-Muslims in dar al-harb, and that every contract or transaction that benefits a Muslim is valid so long as it is based on mutual consent and does not involve any kind of deceit or treachery.  Continue reading

Buying a house by instalments from the bank

My father died and I have become responsible for my siblings. We were renting a house but the owner decided to throw them out on the street because he wanted his house. I decided to buy a house for them by instalments from a bank that is not Islamic, as we do not have any Islamic banks in our country. Is this haraam or considered to be riba?.

Praise be to Allaah.

Firstly:

Buying an item via the bank may be done in two ways:

(i)

The bank merely finances it and lends the customer the price of the item or pays it on his behalf, in return for getting back the money and something extra, such as if the price of the item is one thousand, and it takes back one thousand and two hundred in instalments. This way is haraam, because in fact it is a loan with interest, so it is riba.  Continue reading