Question Summary:
I am writing from Kamloops, BC, Canada and would like to know whether taking a bank loan to expand a mosque is permissible. We have recently established a mosque in a small house which is built on an acre land. With the help of Allah (SWT), our mosque is

Question Detail:

I am writing from Kamloops, BC, Canada and would like to know whether taking a bank loan to expand a mosque is permissible. We have recently established a mosque in a small house which is built on an acre land. With the help of Allah (SWT), our mosque is free of all liabilities and loans. At present, we have an opportunity to purchase the adjacent land so future expansion such as islamic school or madarsah could can be estallished. On the other hand, our Muslim community is very small (approx 500 Muslims) in this city and therefore, financial resources are very limited. Therefore, only option remain is to take out a mortgage from a bank. Although we dont expect any expansion for next 10 to 15 years ( or may for longer period) some members of our community believe that buying the adjacent land now would benefit Muslims in the future as land would be more expensive in 10 or 15 years time. Whereas, some members believe regardless of the future or current need we should not get ourselve involve with mortgage which is considered haram. Please be advised that we are not in dire need of this land since a mosque is already established and running. The only benefit this land would bring would be for future Muslim Ummah.
Please advise in the light of Quran and Sunnah whether taking a mortgage in our situation is permissible or not.

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In the name of Allāh, Most Gracious, Most Merciful

Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh
 
As Muslims, it is our duty to protect and establish Deen under all circumstances. It is through the great sacrifices of our pious predecessors that we as Muslims are enjoying the fruits of their efforts. This responsibility of safeguarding and protecting Deen has not been absolved from our shoulders; rather we face a far greater challenge considering the times we live in.
 
If we analyse the religion of Islam, we would conclude that the Masjid is the perfect focal point to establish Deen and propagate it according to the injunctions of the Qur’ān and Sunnah. Every Muslim should take cognisance of this responsibility and fulfill it with utmost importance. Rather those who have taken it upon themselves to safeguard the Masjid i.e. the trustees, it is their prime responsibility to ensure the safety of the Masjid and protect Shari’ah.
 
However, one would only be a means of protecting Deen with regards to the Masājid, only if a person has Allah consciousness in them. This is the key factor to spread Deen to the four corners of the world. The Masjid should be enlightened with such actions, which were prevalent during the time of Rasulullah (Sallallahu Alaihi Wasallam) in Musjidun Nabawi. If un- Islāmic issues are brought into the Masjid, how do we expect Deen to spread.
 
The Masjid being such a holy and sanctified place, “will it be a good idea to establish it on a haraam basis?” Something so sacred, if from the very beginning is based on unlawful sources, it will definitely be counterproductive. To take out a mortgage bond is prohibited in Shari’ah. This will be abhorred even more when it is taken out for a Masjid. Shari’ah does not permit committing a haraam act to practice on a virtue.
 
Shari’a has expressly prohibited interest. Consider the following narration:
 
عن جابر قال لعن رسول الله صلى الله عليه وسلم آكل الربا وموكله وكاتبه وشاهديه وقال هم سواء
Jābir (Radhiyallāhu ‘Anhu) narrates that Rasulullāh (Sallalāhu ‘Alayhi Wasallam) cursed the one devours interest, the one who facilitates it, the one who witnesses it and the one who records it.  He said they are all equal. (Sahīh Muslim)
 
It is compulsory upon a person to abstain from all forms of interest. A Muslim must have an aversion to interest money and refrain from it to the best of his ability. To receive interest or to pay interest, both are guilty of the sin. To deliberately involve one’s self in an interest transaction is a major sin for which a person has to repent sincerely to Almighty Allah.
 
The Masjid should never be used as a means of violating the injunctions of the Qur’an and Sunnah. How will one ever condemn interest and un- Islāmic dealings from the Masjid in future? The Imam in control will be jeopardized and put under distress if such issues are utilized in the upkeep of the Masjid.
The fact of the matter is that your community has been blessed with a Masjid and you have made mention, “We are not in dire need of this land since a mosque is already established and running”. Furthermore, the existent Masjid is freehold and your community is unable to accommodate such funds to renovate the Masjid.
There are so many negative factors surrounding the issue of a mortgage loan and one such issue is, “what if a few months down the line payments cannot be met and the bank repossess the property with the existing Masjid?” Where does this now leave you all and to take the matter even further, what if the property is placed on auction and the non Muslim’s acquire it to establish a synagogue or a church?
 
Our advice to you and your community is to have patience and not proceed with the mortgage, as you will be placing yourself in unnecessary financial problems. If it is possible that a collection be made throughout Canada or even, spread the word around expressing the needs of your community. Insha Allah, someone will definitely respond to your call.
 
And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum 
 
Ml. Ebrahim Desai,
Student Dārul Iftā
Checked and Approved by:
Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah