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Buy Property in Western Country

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seek_guidance View Drop Down
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    Posted: 19 June 2016 at 8:11am
Salam,
I am based in Australia & I am desperately seeing guidance in regards to buying property in Australia through mortgage & its status in Islam. I have spoken to number of Muslims but haven't found any satisfactory answer since every one justifies his/her own opinion. In Quran, its mentioned that it is a war against Allah (SWT) and Prophet (PBUH), whoever is involved in Riba. When I spoke to Muslim scholars in west, they had a number of Fatwas like:
1. Only one home and one car is allowed as far as you stick to one
2. Muslims cannot give interest to non-Muslims but they can take interest
3. Some Islamic organizations are giving loans what they declare is halal, however they add up profit on final sale price
I am only one out of my friends, without property in Australia as I would not like to involve in Riba. I am struggling to seek a satisfactory and legitimate answer according to Quran/Sunnah, for last 10 years. I will be desperate for guidance. Jazakumullah Khair.
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asep48garut60 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote asep48garut60 Quote  Post ReplyReply Direct Link To This Post Posted: 21 October 2016 at 2:48am
Wa�alaikum salaam,
I will try to give an explanation of Riba, and I hope my answer is not too late for you.
Qur'an Surah Al Baqarah (2): 275: ".... whereas Allah has permitted trading and forbidden usury (Riba) ...."

The verse is described in the hadith:
"If gold convertible into gold, silver exchanged with silver, bur (wheat) exchanged with bur, sya'ir (millet, a type of wheat) exchanged sya'ir, dates exchanged with dates, and salt exchanged with salt, then the number (dose or scales) must be the same and paid in cash. Whoever add or ask for extra, then he has committed to usury (Riba). The man who took the extra and the person who gave him both are in sin. "(Narrated by Muslim no. 1584)

In another narration it says:
"Gold exchanged for gold, silver for silver, wheat by wheat, barley by barley, dates by dates, salt by salt, must be such as to such as, equal to equal (each weighing / measuring), and from hand to hand (cash). So if the types are different, you sell it is up to you as long as from hand to hand (cash). "(Narrated by Muslim, 1210; At-Tirmidhi III / 532; Abu Dawud III / 248).

References in the hadith may mean that Riba in buy-and-sale doesn't occur, except in a transaction of six specific items mentioned in the above hadith.
Rasulullah s.a.w, in both the above hadith specifically mentions only six commodities, namely: gold, silver, wheat, barley, dates and salt. The provisions/prohibition in the Hadith applies only to the sixth commodities without analogize to other commodities.

There are two different types of debt, namely:
1. Loan money.
Debt that occurs due to borrowing money, there should be no extra, unless there are definite and obvious, such as stamp duty, notary fees, and feasibility studies. Other additional extra that are uncertain and unclear, such as inflation and deflation, are not allowed.
2. Procurement of goods.
Debt that occurs as the financing of procurement should be clear in one unified whole called the sale price. The sale price itself consists of the price of the goods plus an agreed profit. Once the sale price has been agreed, then it should not be changed forever, because it will be included in the category of usury fadl (Riba Fadl), and transactions in the syariah banking is the obligations in the form of debt of procurement goods.

Suggestions:
1. If you do not want to engage in usury when you want to buy a property, you should buy the property in cash. And if your money is not enough, you try to find Islamic bank, or you raise money in an amount sufficient to buy a property.
2. If point 1 above has been carried with the utmost effort, and you feel that owning a property is a primary requirement for you, then in the forced condition, you're forced to follow your friends who have owned the property.

Islamic law about doing something by forced:
"From Ibnu Abbas r.a. that the Prophet said, "Verily Allah Almighty forgives the mistakes (without any deliberate) and (errors due to forget) of my people, as well as errors caused by forced. "
(Narrated by Ibnu Majah (no.2045), al-Bayhaqi in as-Sunanul Kubra (VII/356-357), ad-Daraquthni (III/403), al-Hakim (II/198), Ibnu Hibban (at-Ta'liqatul Hisan 7175), al-'Uqaili in the adh-Dhu'afa (IV/1298)

Al-Baqarah (2):286
"... Our Lord, don't be punished us if we forget or make a mistake ..."

Al-Ahzab (33):5
"... There is no sin on you if you forgot on it, but (which is sin) what is intentional by heart. Allah is Forgiving and Compassionate. "

An-Nahl (16):106
"Whoever disbelieved in Allah after he has faith (he got the wrath of Allah) except those who were forced to disbelieve but their hearts remain calm in the faith (he does not sin), but the people who paved his chest for disbelief, then the wrath of Allah fell on him and they will get adzab the big one."

There are two types of people who do something because of forced, namely, First: People who do not have a choice at all and do not have the slightest ability to reject it. Second: People who are forced by threats or something similar to it, so he was forced to do something that is forbidden by the law of the shari'ah.

The things that can be gleaned from the Quran and Hadith above include:
1. Allah is Forgiving and Merciful.
2. Allah forgives sins committed accidentally, forgotten or forced. This proves that Allah has compassion on His servants.
3. If doing something forbidden because of ignorance, forgotten or forced, then the perpetrators innocent.
4. People who are forced to utter words of kufr with threats to be killed, then he should say while his heart remained faithful, then he is innocent.
5. Losing the sins of the guilty doesn't mean not enforced the law to him.

Hopefully, this description may help you, Insya Allah.

Wassalaam,
Asep

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