Interest = riba ? Darul Harb?

[arshaanasharafi]

I know this question is quite old but i would like to re open the subject

Hadeeth

"No Riba (interest) (exists) between a Muslim and a Harbi Kaafir in Darul Harb." (muslim sharif)

I have read a verdict given by Mufti Akhtar Raza Khan Sahib
who uses the above hadith and states that it is ok for muslims to use banks in darul harb as it is not classed as riba as you are not bullying or disadvantaging other muslims

I think according to Fiqh the hanafi scholars have the opinion that if muslim living in foreign lands do not take interest yet have to pay in in daily life in all sorts of shapes and form then the muslims are disadvantaged.

Although i have read the opinions of other scholars including hanafi "deobandi" and they say its total haraam

I have also read opinion of scholars who agree with the above hadith but their deffinition of darul harb is land of war, and Uk is not land of war as we are freely alowed to pray, build mosques, have religios activities etc

so in effect a very complex issue but what about the normal muslim person who is just trying to build a family a home and yet is constantly fighting with his/her concience that am i commiting haraam by having a mortgage or not.

I have also heard off people that Hadrat Sheikh ul islam has given his opinion on this but ihave never read anything or heard hadrat state anyhting my self therefore i would just like an opinion please

Jazaakallah

[Imam]

Bismillahir Rahmanir Raheem

Wa'alaykum 'Assalam wa Rahmatullahi wa Barakatuhu


All Praise be to Allah who is the Lord of the Worlds, and may Endless Blessings be showered upon His Most Beloved, and Final Messenger of Islam, Hadrat Muhammad Mustafa Salla Allahu ta'ala 'alayhi wa 'aalihi wa Sallam


The verdict given by A'la Hadrat Imam-e-Ahl-as-Sunnah, Mujaddid-e-Din-wal-Millah Rahmatullahi ’Alaih is quite correct, and the scholars who follow this opinion including Mufti Ahmad Yar Khan, Mawlana Na'im-ud-Din Muradabadi [Allah be pleased with them], and every scholar who is affiliated to these great personalties is unanimous in this opinion.


The opinion is that where in a country, where the governors are of a non-Islamic culture, where there is no Islamic rule, governing body or law, then there is an exception to the general rule which you have stated:

"No Riba (interest) (exists) between a Muslim and a Harbi Kaafir in Darul Harb." (Muslim Shareef)

Firstly, because the type of currency is not an Islamic currency, which adds to the bayt-al-mal of that particular country.


Since everything is tainted in interest, it is impossible to prevent interest, as even the loaf of bread would be haram.


Muslims in that particular country need to survive, therefore they have to create a source of means by which they can get by, (survive), and not be dependant upon income from other sources, i.e. countries.


Interest should be avoided, so long as the general rule exists, however, it should be prevented for example where there is not the need to survive or get by.


Similar reasoning for exceptions to the general rule exist in all the prohibitions of interest, including the Qur'an, which are permissable by the 'khabar-e-wahid/ahad' which is a form of revelation that exists for the relaxation of the rules which are too rigid.


In our case, we must rely on such exceptions, as the circumstances we are in do not allow us to follow the narrow rule. This is the reason why some of the scholars of the Ahl as-Sunnah have given such opinions, and opinions atre there to be followed, not criticised, doubted, or slandered, especially when the person himself is subject to such rules.

Jazak'allah for your question.


Wallahu A'lamu Biththawaab


M. Waseem Ashrafi