Category: Inheritance (Irth)
Fatwa#: 39652
Asked Country: Mauritius

Answered Date: Mar 25,2018

Title: Can one inherit the property attained through a loan?

Question

Asalamualaikum wr wb. My parents aquired most of their property (which they have planned for me to inherit) via loans and the loan have been paid back to the bank so the properties are now mortgage free. Is it permissible for me to inherit such a property upon their death?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

There are two issues in the query:

1] Taking an interest bearing loan

2] Ownership of the property

It is prohibited to take out an interest-bearing loan. That is a major sin. However, if one took out such a loan and paid for it, he will become the owner of the property. The sinful act of engaging in an interest-bearing loan does not bar one from becoming the owner of such a property. The sin of the interest is different for which one should make tauba.[i] If such a property becomes part of your father’s estate, it will be a legitimate ownership and the Shariah Laws of Inheritance will apply. It is permissible to accept shares in such a property.

And Allah Ta’āla Knows Best

Ridwaan Ibn Khalid Esmail [Kasak]

Student Darul Iftaa
Katete, Zambia  

Checked and Approved by,
Mufti Ebrahim Desai.

 



[i]

فتاوی دار العلوم زکریا 374/5

شریعت مظہرہ نے ربی کے معاملات کو نا جائز اور حرام  قرار دیا ہے اسی طرح ربی والے بینک کے ساتھ سود کا لین دین بھی نا جائز اور حرام ہے،اس سے اجتناب کرنا ہر مسلمان مرد و عورت پر لازم اور ضروری ہے۔قرآن و احادیث میں سودی لین دین کرنے والوں پر سخت وعیدیں وارد ہوئ ہے۔لہازا ایسے معاملہ سے  دل کی گہرائ سے توبہ کرنا چاہۓ

ناشر:زمزم پبلشرز

 

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