Assalamu Alaykom Wa Rahmatu Allah
Fifth: It has been established that necessity refers to a matter that, if
abandoned, would entail harm on the Muslim and there is no other alternative to
substitute it, and necessity changes according to change of time and place.
Also, university education for Muslims living in America has been proved to be
very important and sometimes cannot be achieved except through borrowing in
interest. Therefore, borrowing in interest for the purpose of continuing the
university study is permissible once it is the only way available. In other
words, when a Muslim student first expended his usual effort on finding a
lawful source of funding like grants, aid, scholarships, or work through the
university, then resorted to the subsidized loan, if eligible, but it did not
satisfy his needs, provided he in vein tried to move to another place or
country to continue his study, and his graduation became contingent on taking a
Riba-based loan, he would be permitted to borrow in interest. This conclusion
is not unprecedented position; yet, this position has been adopted in fatwa
since the past. Regardless the fact that Muslim jurists called it necessity or
need, they – to the best of my knowledge – have been in agreement that Muslims
are allowed to commit from the prohibition an amount they need to strengthen
their power and maintain their affairs where necessary.
Al-Joowayini (may Allah have mercy upon him), a Muslim scholar from the fifth
century of Hijrah, said:
In brief, when the prohibition dominates the time, and people cannot find any
lawful way, they will be allowed to take from the prohibition only the amount
needed. It is not required to reach the state of necessity that makes eating
meat of the dead animals lawful for individuals. Here people's collective need
is treated in equal terms with necessity for the coerced individual. The cases
we have contested and proved so far show that people can take the amount that,
if abandoned, will inflict harm in the present and the future, and the harm we
have already talked about refers to the thing which is expected to spoil the
structure, weaken the authority, or destabilize the affairs of living.
Al-‘Izz ibn Abdus-Salaam (may Allah have mercy upon him), a Muslim scholar from
the seventh century of Hijrah, said:
When the prohibition spreads on earth to the extent that the lawful no longer
exist, it will be permissible to use an amount of the prohibition that the need
calls for. This is not confined to the necessaries because confinement to them
would weaken the country and encourage the unbelievers and tyrants to control
the Muslim lands. Also, people will quit their profession, manufacturing and
the means which help accomplish people's interests."
I wish I know if there is any harm afflicting Muslims in America grater than
depriving them of the university study and obliging them to remain academically
retarded or work in mean professions and crafts in a country where people
travel to seek knowledge. Nonetheless, it must be clear that the fact that
education is necessity does not mean that people unconditionally should engage
in borrowing in interest or that the fatwa of permitting it is always given.
Rather, every student must ask for fatwa from a scholar whom he trusts his
knowledge and religiosity whether or not he should borrow in interest. A
student, to be discharged from liability and guard his religion, should not
borrow in interest on the first days of the university study, but he has to
resort to the lawful sources of funding, and continue his study till all means
are blocked and borrowing in interest becomes the only way to continue his
study, in this case things which were not tolerable at the beginning becomes
tolerable. A student should not borrow large amounts of money; he should borrow
an amount that fulfills his need. Surely, necessity must be answered
proportionately. Allah is the Most High and All Omniscient!
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.
