Shortened Question:

Can I ask my father to sell his land to repay an interest bearing loan my husband took on his behalf?

Question:

Without my approval my husband took an interest bearing loan for my father who is also his uncle. My husband claimed that some Islamic Scholars have agreed that today’s loans are not the ones banned by Islam in the past. My husband agreed to repay the loan within 10 months. It is now over 1 year and 4 months and there still remains a huge outstanding balance on the loan. My husband had the financial abilities to repay this loan, but he went and invested in a house in India instead. Consequently, I cannot have peace of my mind because I think that we are living with haram money. Can I ask my debt burdened father to sell his land and repay the loan?

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 or 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

Mufti Saeed Ahmed Golaub

Islamic Solutions

Jamaica

[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]