Dr. Muzammil H. Siddiqi, former President of the Islamic Society of North America, states: “The committee of scholars, headed by Dr. Yusuf Qardawi met in Detroit in 1999, issued a statement explaining the law of necessity. Basically, it says that if a person is not able to rent a suitable house for himself and his family in a proper location or the rent is too high, in that case he can purchase the house with a mortgage. Even in the case of permission, the scholars suggested that one should exhaust all the other possibilities of purchasing the house in a pure halal way. For example, one can make an agreement with the seller to sell him the house at a higher price and he pays the sum of what the house is worth through installments. In the language of Shari’ah, this is called al-bay` bil-ajal (purchase through deferred payment). Or there could be other similar methods that could be used if it is not possible to buy a home in any other way except through mortgage and when one is in dire need, one can take benefit from this permission.”
“Necessity” that Allows Buying a House on Mortgage
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