Home
Discover Islam
Quran Recitations
Lectures
Fatwa
Articles
Fiqh
E-Books
Women
Boys & Girls 
Enter Question
View By Subject
Fatwa Of The Week
Selected Fatwa
Fatwa CenterHe has doubts that his father has fallen into Istihlaal and Kufr
Question
Assalaamu alaykum. I had a heated debate with my dad. It was regarding mortgages. My dad says that interest is haram and that there is no doubt about that, but he says that since we live in the UK and given that there is no way to come to own a home in a halal way, by necessity, we have to take out mortgages. He says that if a person is dying from starvation, he can eat haram etc. He uses this and says that just in the same way, if a person fears that he will become homeless or die, he can take out mortgages. He says that Islam says that one is to obey the law of the land. He also said that it is not as if he has money lying about and nevertheless insists on mortages, because then we would have no excuse because we would have the money, but since we do not have money to buy the house outright, we take out mortages due to necessity. This is what he thinks about mortgages. I know that his thinking is wrong. I argued with him and explained that mortgages are haram period. The debate heated up. I raised my voice (may Allah, the Exalted, forgive me), but I only did so because I thought that my father was falling into Istihlaal (declaring something haram to be halal and vice versa). My dad kept saying that there is no doubt about the fact that interest is haram, but that under necessity, we take out mortgages because there is no other way. Then he gave the ruling that says that a person who is dying from starvation can eat haram due to necessity, he is adamant on this. I do not know whether he has fallen into istihlaal or not. Is he excused for his misunderstanding and misinterpreting the matter? Or is he excused due to his ignorance? My dad prays, fasts, and pays zakah. He is a good man. I just get the feeling that he was falling into Istihlaal due to that argument. I love my father. He wants to go to do ‘Umrah and Hajj soon. The thought of my father falling into Kufr (disbelief) haunts me. You already know from my previous questions that I suffer from Waswaas (devilish/obsessive whisperings), so this impacts my life severly. Assalaamu alaykum. Thank you for all your help; by Allah, I appreciate it. May Allah, the Exalted, make me, my familly, and you to die upon Tawheed (the Oneness of Allah) and grant us all Paradise; Ameen.
Answer
All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
First of all, you have to block the way before this Waswaas (obsessive whispering), or it will destroy your life and lead you to Shariah violations and unpleasant results. We ask Allah by His Exalted Names and Attributes to bless you with recovery from this disease and with steadfastness on the straight path and to grant you His mercy and facilitate your affair in the right and righteous way.
As for your question, the answer is that your father did not commit Istihlaal (declaring something haraam to be halaal and vice versa), nor has he uttered an objectionable statement or falsehood. It is well-known and established that necessity and compulsion overrule prohibition (i.e. necessity/compulsion renders prohibited matters permissible). Allah, the Exalted, says (what means):
- {...while He has explained in detail to you what He has forbidden you, excepting that to which you are compelled.} [Quran 6:119]
- {...But whoever is forced (by necessity), neither desiring (it) nor transgressing (its limit), there is no sin upon him. Indeed, Allah is Forgiving and Merciful.} [Quran 2:173]
Please refer to fatwas 82102, 85931, and 86701 about the prohibition of taking loans with interest in order to buy a house except in case of a valid necessity and the criteria for considering a necessity acceptable by the Shariah. You may also refer to the European Council for Fatwa and Research (ECFR) that issued fatwas particularly regarding the affairs of Muslim communities in the West.
In any case, you have no right to raise your voice towards your father under any given circumstances, especially at times of dispute and arguments, even if he is wrong. So you should seek the forgiveness of Allah, repent to Him, and seek your father's pardon. And beware of falling into the abyss of Takfeer (declaring a Muslim individual or a group to be disbelievers) and the Waswaas in this regard. The best remedy for it is to disregard this Waswaas, avoid whatever leads to it, and seek refuge with Allah from it.
Allah knows best.
Search Fatwa
Fatwa Subject
