Assalamu Alaykom Wa Rahmatu Allah
 
 
1-   University education is one of the most important needs of the time for 
Muslims living in the United States, and it could be considered one of the 
necessities on the basis that necessity refers to something the lack of which 
entails harm on the Muslim and there is no other alternative to it.
2-   Muslim students must expend their strenuous efforts in finding lawful 
sources to fund their studies, such as grants, financial aid, scholarships, and 
labor programs of the university.
3-   If the student can decrease his study load and work part time to 
financially support oneself, or take a subsidized loan, he shall do so. 
4-   If the student cannot do that and needs a subsidized loan, he will be 
allowed to take the loan on condition that he takes only the amount needed and 
tries his best to settle his debts in the repayment period to avoid paying the 
interests.
5-   When the subsidized loan (which is interest-free) is not enough, and there 
is no other way except borrowing in interest, it will be permissible for him to 
borrow in interest only an amount that obviates his necessity. That is because 
necessity must be answered proportionately. Borrowing should take place after 
he has already enrolled in his study, since things which were not tolerable at 
the beginning can be tolerated later.
Most importantly, the Assembly of Muslim Jurists in America adopted the above 
approach, and even allowed taking unsubsidized loan to start the higher 
education with, if it is the only available resouce. The Fatwa went as follows:
The default is the forbiddance of interest-based loans regardless of whether 
these loans
are for students or otherwise due to it falling under the clear interest that 
the scholars
unanimously agreed, past and present, on its impermissibility. It is incumbent 
that all efforts
are spent in finding permissible alternatives before leaping to the 
justification of urgency or
need.
• In the world of Western Universities, academic scholarships are granted for 
the outstanding
(students) and unable (to afford), alongside work-study opportunities that 
allow for
combining between studying and earning, by which one can avoid falling into 
these loans.
Also, there may be subsidized loans that the nation pays its interest if the 
student is able to
repay all he owes within six months of his graduation. In addition, there are 
grants provided
by some companions and institutions in exchange for employment contracts with 
it after
graduation. It is incumbent that one spends his efforts in (trying) all this.
• If all of these are inexistent, and the interest-based loans are the only way 
to facilitate the
beginning or continuation of a university education, or the only way to secure 
the Muslim
communities need for what cannot be done without of professions and expertise, 
then this
is considered an urgent necessity that removes the sin even though the ruling of
impermissibility remains. This is upon the condition that the one forced to 
this isn’t an
aggressor nor transgressor, and this is by giving the urgent need its proper 
estimate, and
by continuing to search for a permissible alternative and breaking free of 
these interestbased
loans when one is first able to do so in order to minimize the interest amount 
paid as
much as possible. We emphasize the need to return to the people of Fatwa (i.e. 
qualified to
passed a juristic opinion on Islamic Law) to estimate these needs and 
urgencies. It isn’t
correct that for just anyone to assume the responsibility to do this, or to 
measure his need
on the need of others.
 
 For more details, please follow the link: 
http://www.amjaonline.com/en_d_details.php?id=322
 
 
 
 
 


 


Dr.Main Al-Qudah
 
Assistant Professor of Islamic Studies
Imam, MAS Katy Center
Member, AMJA Fatwa Committee


                                          

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