Assalamu Alaykom Wa Rahmatu Allah
Ruling on the unsubsidized loans
Once the aforesaid alternatives, including the subsidized loan, do not help and
the student needs to borrow in interest in order to complete the university
study, what will the Sharee'ah ruling be?
Dealing in Riba (interest) is undoubtedly a major sin in the sight of Allah the
Almighty; yet, depriving the Muslim student of the university education in
these countries which come on top of the world countries in science, culture,
and specialization in the fields of knowledge is a point that needs
consideration. Generalization of the previous fatwa will bar thousands of
observant Muslim students from continuing their university education and keep
them practicing mean professions and crafts. Considering the growing number of
Muslims, thousands of Muslim students will be denied the university education
in the near future. Is it possible that a religion [Islam] whose revelation
began by inviting people to learn would be the same religion that deprives its
followers of seeking knowledge and rules that a whole nation be left in
ignorance and scientific backwardness?!
Answering the question in the negative is what understanding the objectives
and spirit of the Sharee‘ah dictates. Facilitation and alleviation of hardship
advocated by the tolerant Islamic Sharee‘ah affirm that the fatwa should not be
generalized. However, the Sharee‘ah rulings of permissibility or prohibition
are not issued on the basis of logic, emotions or human reasoning; they are
issued on the account of the precise texts, grasping their denotations and
knowing the cause, clarifying and establishing the frame of reference.
Therefore, I will present and discuss a number of potential reasons for
permitting the Riba-based loans, then give preponderance to the reason which
forms a solid ground to permit borrowing in interest should it be the only way
to continue the university study.
First topic: Prohibition of borrowing in interest by virtue of others is a
prohibition of means
الاقتراض بالربا محرم تحريم وسائل لاتحريم مقاصد
I have never found an explicit text authentically attributed to recognized
contemporary scholars that borrowing in interest is permissible for study
purposes since borrowing [in interest] is prohibited by virtue of others a
prohibition of means. But what has been mentioned is implied by the saying that
borrowing in interest is prohibited by virtue of others a prohibition of means,
and it is known among scholars that what a saying implies is not a saying. The
respected scholars in the European Council for Fatwa and Research are the ones
who expressed that lending [in interest] is in itself prohibited, whereas
borrowing [in interest] is prohibited by virtue of others.
This statement was mentioned in one of the Council's Fatwas in which they
permitted Muslims living in the West to borrow in interest in order to buy a
house with certain conditions and regulations. Here is the text of the fatwa:
The prime criterion for forbidding usury, according to a number of Quranic
verses, revolves essentially around taking usury (not giving it). However,
giving usury was forbidden only to obstruct pretext, i.e. ways leading to
usury, which is termed by jurists as ‘Sad Atharaa'i’. On similar grounds,
notaries and witnessing usurious transactions was prohibited. They were made as
such to check the means that lead to usury. While taking usurious loan is
categorically forbidden, paying interest towards a loan is permitted if there
is an urgent need as maintained by a number of jurists. It has also been
maintained that taking a usurious loan is permitted if there is no other
[lawful] way available.
Considering what have been stated above, it is permissible for the Muslim
student to borrow in interest in order to continue his university study if
borrowing proved to be the only resolution based on the fact that university
education is a need.
There are some comments on this reason for permitting borrowing, and will be
discussed next email in sha Allah.
Dr.Main Al-Qudah
Assistant Professor of Islamic Studies
Imam, MAS Katy Center
Member, AMJA Fatwa Committee
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سياسة النشر في المجموعة:
ترك ما عارض أهل السنة والجماعة... الاكتفاء بأمور ذات علاقة بالاقتصاد الإسلامي
وعلومه ولو بالشيء البسيط، ويستثنى من هذا مايتعلق بالشأن العام على مستوى الأمة
كحدث غزة مثلا... عدم ذكر ما يتعلق بشخص طبيعي أو اعتباري بعينه باستثناء الأمر
العام الذي يهم عامة المسلمين... تمرير بعض الأشياء الخفيفة المسلية ضمن قواعد
الأدب وخاصة منها التي تأتي من أعضاء لا يشاركون عادة، والقصد من ذلك تشجيعهم على
التفاعل الإيجابي... ترك المديح الشخصي...إن كل المقالات والآراء المنشورة تُعبر
عن رأي أصحابها، ولا تعبّر عن رأي إدارة المجموعة بالضرورة.
