Ask a question






Home Q&A Trade and Commerce Interest Loan for Medical Treatment

Q: An old man hardly gets his lively hood. His son suffers from kidney failure and he needs a loan for the treatment of his son. He could not manage to arrange amount from any where and is forced to get loan from bank:

  1. Is the loan justifiable under this compulsion?
  2. If his act is not justifiable under Islamic law, what options does he have to save life of his son?
  3. Which is the relevant rule in Quraan and Sunnah under which getting loan on interest (Riba) is Haraam? Because it is said that eating Riba is Haraam where as giving (interest) Riba is not Haraam?

A: Shari'ah gives permission to take a loan on interest in dire circumstances and when there is no possibility of a loan from another source without interest. (Al Ashbaah Wan Nadhaa'ir V1 P114, Bahrur Raa'iq V6 P137). The condition of the son suffering from kidney failure is a matter of life and death and will be considered ‘dire circumstances’ under which unlawful becomes lawful till the need is fulfilled; hence a loan on interest in this instance will be allowed.

2) However, the father should try his utmost to get an interest free loan and if he was not successful in this regard then only will he be allowed to take a loan on interest.

3) There is Hadeeth narrated by Sayyidina Abu Sa'eed Khudri (Radhiyallaahu Anhu) which mentions that the taker and giver of Ribaa (interest) are the same. (Mustadrak Haakim V2 P56, Daaru Qutni V3 P25). This Hadeeth clearly states that the giver and taker are sinful. The notion, therefore, that only taking Ribaa is Haraam and not giving, is erroneous.

Although one is forced to take a loan on interest because of dire circumstances, he should continuously resort to Istighfaar for this during the duration of the loan. Also, he should endeavour to settle the loan as soon as possible to get out of this situation.

Allah Ta'aala knows best.

 
Search
Disclaimer

Council of Ulama Eastern Cape questions:

All questions are answered according to the Hanafi Mazhab unless otherwise stated.

The Council of Ulama Eastern Cape answers issues pertaining to Islamic Law. Thereafter these questions and answers are placed for public view on www.councilofulama.co.za for educational purposes. However, many of these answers are unique to a particular scenario and can not be taken as a basis to establish a ruling in another situation or another environment.

Council of Ulama Eastern Cape bears no responsibility with regards to these questions being used out of their intended context.

The rulings herein given are specifically based on the question posed and should be read in conjunction with the question.

Council of Ulama Eastern Cape bears no responsibility to any party who may or may not act on this answer. Council of Ulama Eastern Cape being hereby exempted from loss or damage howsoever caused.

This answer may not be used as evidence in any Court of Law without prior written consent of the Council of Ulama Eastern Cape.