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Question Summary:
Can I Ask My Father To Sell His Land To Repay An Interest Bearing Loan My Husband Took On His Behalf?

Question Detail:

 
My husband knows very well that ribaa based loan in unislamic...But he took a loan claiming everbody does that. My father asked him to take a loan for personal business.I had clearly told my father that any business done with ribaa based loan will not flourish.He tried to reason me saying that some Islamic scholars have agreed that today's loan is not actually the loan banned by Islam. He is burdened with debts and loans now..
My husband had promised me that he would pay off the loan in 10 months... But it has been over a year  and the loan is still a big amount.I havent had peace for the last 1 and half year thinking we are living with haram money and I cant give him peace until he settles it.. Can I ask my dad (who is already in so much debts) to sell his land? I am in a dilemma...Please advice

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
 
All interest bearing loans are haram, regardless of whether one is paying interest receiving interest.
 
The view given to your husband that some interest bearing loans are permissible is not correct. This incorrect view is held by modernists who do not understand Shariah.[1]
 
Your husband has committed a major sin by taking an interest bearing loan. He should make sincere taubah to Allah Ta’ala for taking out the loan and he should repay this loan as soon as possible.
 
Your husband is the principal debtor for the loan. Although your father is the beneficiary of the loan, the loan still remains in the responsibility of your husband. Your father is not obliged to settle this loan.
 
Your husband is not earning an income from this loan. Consequently, no haram benefit is brought into your home from this loan.
 
 
And Allah Ta’āla Knows Best
 
 
Saeed Ahmed Golaub
Jamaica
Student Darul Iftaa
 
Checked and Approved
Mufti Ebrahim Desai
daruliftaa.net 
 
 
 


[1] {الَّذِينَ يَأْكُلُونَ الرِّبَا لَا يَقُومُونَ إِلَّا كَمَا يَقُومُ الَّذِي يَتَخَبَّطُهُ الشَّيْطَانُ مِنَ الْمَسِّ ذَلِكَ بِأَنَّهُمْ قَالُوا إِنَّمَا الْبَيْعُ مِثْلُ الرِّبَا وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَا فَمَنْ جَاءَهُ مَوْعِظَةٌ مِنْ رَبِّهِ فَانْتَهَى فَلَهُ مَا سَلَفَ وَأَمْرُهُ إِلَى اللَّهِ وَمَنْ عَادَ فَأُولَئِكَ أَصْحَابُ النَّارِ هُمْ فِيهَا خَالِدُونَ} [البقرة: 275]

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