Concerning Mortgage in Sharia Law

Ar Rahnu (Mortgage)

Alhamdulillah (all praises be to Allah), prayers and peace be upon The Prophet Muhammad, his family, and his devoted companions.

The contract of mortgage is a contract where a stuff being restrained, as a guarantee of a credit. This restrain is aimed to give security for the creditor over his credit. By that, the stuff or item to be restrained should be valuable, so that the creditor will be able to sell it, if the debtor could not settle his debt on the appointed period.

Mortgage is one proof that Islam have already possess a complete and perfect economical system, as this Shari’a always guarantee an even economy distribution to all parties involved in every transaction. The applier of credits can fulfill his needs, while the creditor deserve a guarantee of his money’s safety, beside the rewards from Allah upon his help to others.

mortgage loan application

Argumentations of The Legal Status of Mortgage

For all people to understand the ruling of mortgaging in Islam, I will mention below the argumentations on which this legal status is based.

Allah The Exalted declared that,

وَإِن كُنتُمْ عَلَى سَفَرٍ وَلَمْ تَجِدُواْ كَاتِبًا فَرِهَانٌ مَّقْبُوضَةٌ

“If ye are on a journey, and cannot find a scribe, a pledge with possession (may serve the purpose).” (Al Baqara/The Cow: 283)

On the last days of his life, The Messenger of Allah Shallallaahu’alayhe wa Sallam mortgaged his shield to a Jew, since he had debt to him, which were several container of wheat.

عَنْ عَائِشَةَ رَضِيَ اللهُ عَنْهَا قَالَتْ: اِشْتَرَى رَسُوْلُ اللهِ صَلَّى اللهُ عَلَيْهِ وَ سَلَّمَ مِنْ يَهُوْدِيٍّ طَعَاماً نَسِيْئَةً وَرَهْنَهً درعَهُ

“On the authority of ‘Aisha -may Allah be pleased with her-, she narrated that, ‘The Messenger of Allah Shallallaahu ‘alayhe wa Sallam bought livestocks (wheat) by debt from a Jew, and he mortgaged his shield.'” (Collected by Bukharee and Muslim)

Based on two argumentations above, also other argumentations, the previous and present scholars globally had agreed upon the legal status of mortgage. This was revealed through their statements, for example, Ibn Mundhir in his book ‘Al Ijma’, pg 96, Ibn Hazm in his book, ‘Maratib Al Ijma’ pg. 60, and Ibn Qudama in his book al Kitab Al-Mughni:6/444.

Mortgage Could Be Done Anywhere

Some of us may be questioning, “Isn’t in the verse, Allah The Exalted required, for the mortgaging to run, it shall be perform on a journey?”

Similar question has been popped and questioned by some scholars long ago. Several of them, for example Mujaheed Ibn Jaber, Ad Dhahhak, followed by Ibn Hazm, gave fatwa that mortgaging only permitted on a journey, based on the text of that verse [1]

But the majority of the scholars allowed mortgaging wherever we are, whether there are witnesses or not, there scriber or not [2]. This fatwa was based upon the hadeeth of Anas Ibn Malik as follows:

لَقَدْ رَهَنَ النَّبيُّ صَلَّى اللهُ عَلَيْهِ وَ سَلَّمَ درعاً لَهُ بِالْمَدِيْنَةِ عِنْدَ يَهُوْدِيٍّ وَأَخَذَ مِنْهُ شَعِيْراً لِأَهْلِهِ، وَلَقَدْ سَمِعْتُهُ يَقُوْلُ: مَا أَمْسَى عِنْدَ آلِ مُحَمَّدٍ صَلَّى اللهُ عَلَيْهِ وَ سَلَّمَ صَاعَ برٍّ وَلاَ صَاعَ حُبٍّ وَإِنًّ عِنْدَهُ لتِسْع نِسْوَةٍ

“Verily, The Prophet Shallallaahu ‘alayhe wa Sallam once mortgaged his shield to a Jew in Medina, and he indebted some amount of wheat to support his family. Indeed, I have ever heard that he-Shallallaahu ‘alayhe wa Sallam said, ‘At the house of Muhammad Shallallaahu ‘alayhe wa Sallam, there are no more wheat left, even one sha’ (a measuring approximately of 2,5 kg),’ whereas he had nine wives.” (Collected by Bukharee)

In this hadeeth, it is clear for us that The Prophet Shallallaahu ‘alayhe wa Sallam mortgaged his shield while he was settled in Medina, and not on a journey.

And upon the hadeeth that seemingly allowing mortgaging only inside a journey, the scholars had explained that the textual context of that verse only described the habit of the people at that time. In the past, usually there were none wanted to accept mortgage, unless when there were no way to guarantee their rights; such as no scriber or trusted witness around. This situation mostly occurred on a journey. This explanation will be explicitly acknowledged, if we relate the verse in Al Baqara: 283 and it’s previous verse, no. 282. [3]

Goods Eligible to be Mortgaged

From the definition of mortgage above, we can conclude that for goods to be mortgaged, they must possess economical value to be used as guarantee for the creditor. Thus, goods that could not be sold, due to it’s worthless, or illegal to be sold, are considered ineligible to be mortgaged. Because the main aim of mortgaging could not be reached by illegal or invaluable things.

Due to that explanation, goods that are accepted as a mortgage, such as piece of land, house, jewelry, vehicles, electronics, obligations, etc.

Hence, if there is a man who wants to use his dog as mortgage, then this mortgaging is invalid, since dogs are illegal to be sold.

نَهَى رَسُوْلُ اللهِ صَلَّى اللهُ عَلَيْهِ وَ سَلَّمَ عَنْ ثَمَنِ الْكَلْبِ وَمَهْرِ الْبَغْيِ وَحِلْوَانِ الْكَاهِنِ

“The Messenger of Allah Shallallaahu ‘alayhe wa Sallam forbade the result of dogs trading, the wage of a prostitute, dan the wage of shamanism.” (Muttafaq ‘alayhe)

Imam As Shafi’i said, “Someone is not rightful to mortgage something, which, when the time of contract due, is illegal to be sold.”[4]

He also stated that, “If there is a man who wants to mortgage a dog, it is not permitted, because a dog doesn’t have an economical value. Just as other things which are illegal to be sold.”[5]

The Time of Mortgaging

As understood from the texts above, and the aim of mortgaging, the time to perform this contract is after or simultaneously done with the contract of debt and credit. This was the practice done by The Apostle of Allah Shallallaahu ‘alayhe wa Sallam, when he borrowed an amount of wheat from a Jew as debt.

عَنْ أَبِي رَافِعٍ رَضِيَ اللهُ عَنْهُ أَنَّ ضَيْفاً نَزَلَ بِرَسُوْلِ اللهَ، فَأَرْسَلَنِي أَبْتَغِي لَهُ طَعَاماً، فَأَتَيْتُ رَجُلاً مِنَ الْيَهُوْدِ فَقُلْتُ: يَقُوْلُ لَكَ مُحَمَّدٌ إِنَّهُ قَدْ نَزَلَ بِنَا ضَيْفٌ، وَلَمْ يَلْقِ عِنْدَنَا بَعْضَ الَّذِي يُصْلِحُهُ، فَبِعْنِي أَوْ اَسْلِفْنِي إِلَى هِلاَلِ رَجَب. فَقَالَ الْيَهُوْدِيُّ: لاَ وَاللهِ لاَ أُسْلِفُهُ وَلاَ أَبِيْعُهُ إِلاَّ بِرَهْنٍ، فَرَجَعْتُ إِلَى رَسُوْلِ اللهِ فَأَخْبَرْتُهُ فَقَالَ: وَاللهِ إِنِّي لَأَمِيْنٌ فِي أَهْلِ السَّمَاءِ أَمِيْنٌ فِي أَهْلِ اْلأَرْضِ، وَلَوْ أَسْلَفَنِيْ أَوْ بَاعَنِيْ لَأَدَّيْتُ إِلَيْهِ. اِذْهَبْ بِدِرْعِيْ!

From Abu Rafi -may Allah be pleased with him-, he narrated, “One day there was a visitor who came to house of The Messenger of Allah -Shallallaahu ‘alayh wa Sallam-, then he sent me to find foods as serving. Then I went to a Jew and I told him, ‘(I represent )The Prophet, Muhammad, (sent me to) tell you that today there is a visitor come to see him, whereas he does not have anything to serve them. Thus, sell or give me credit (of wheat), with the due time (until) the month of Rajab.’ The Jew replied, ‘No, by Allah, I will never give him credit nor sell to him, but with mortgage.’ I went back to The Messenger of Allah, then I told him (about the Jew). He said, ‘Verily, by Allah, I am the most trusted man on Sky (trusted by Allah) and on earth. If he gave me credit, or sold anything to me, I am going to settle it.'” (Collected by Abdurrazzaq, but the narration was incomplete/mursal).

In this hadeeth, it is clear that the process of mortgaging occurred simultaneously with the selling contract, or debt and credit contract.

If there are people who handed his goods as mortgage before the transaction (of selling or credit), according to the strongest opinion, the status is also valid. That is due to several reasons below:

According to the basic principle of law, every transaction is legal, as long as there are no obvious and valid argumentations that forbid it.

As long as both parties involved in contract are willing, and agree, to the advance mortgaging, then there are no reason to prohibit it.[6]

For example, if there was a person who wanted to ask for credit from you, and you told him, “I will not give you credit, until you give me your motorcycle or paddy field as mortgage.” He replied, “Alright, I give my paddy field to you as a guarantee of your credit.” After you finished the contract of mortgaging, which was started from the signing of the letter of contract, until the transfer of the land certificate, you asked him, “How much money do you need?”. Then he answered, (for example), that he needed money of IDR 30.000,00,-. After that, you handed him the amount he asked. In this case, the contract of mortgaging occurred before the contract of credit.

Ruling for Mortgaging

If the contract of mortgaging was considered valid in Shari’a, then the contract possess several consequence in law. The followings are the laws that must be obeyed after someone mortgaged his goods:

First Law: A mortgage goods is a trusteeship

As understood from the explanation above, mortgage functioned as a guarantee for the creditor. Hence, it’s status under the possession of the creditor is as trusteeship, which must be handled with utmost care.

As a consequence of trusteeship is when there is a unintentional damage, without any mistake inside maintenance procedures, the creditor is irresponsible for the substitution. [7]

For example, Mr. Ahmad mortgaged his motorcycle to Mr. Ali. But Mr. Ali deserted the vehicle, unwilling to keep it at it’s proper place, until it damaged or lost. In this case, Mr. Ali is responsible to give substitution for the damage.

Vice versa, if Mr. Ali had treated the vehicle carefully, but then his house were broken by some burglars , thus the vehicle was stolen together with his properties, then he is not responsible for the substitution.

Second Law: The creditor is rightful to cancel the mortgage.

The contract of mortgaging is one type of contracts which ties up only one side of the contract, which is the debtor. Thus, he can not cancel the contract, but by the willingness of the creditor.

The creditor, at the other side, have the right to cancel the contract, since the practice of mortgaging exists to guarantee his right. Thus, if he acquiesce in borrowing his property with debt, without mortgage, then it is valid for him to do so.

Third Law: The creditor is illegal to make use of the mortgage

Before and after the contract of mortgage, the goods belong to the debtor/mortgagor. Thus, the use of it is fully the right of him, while the creditor/mortgagee only be rightful to suspend the goods as a security for his money.

Due to that fact, the creditor is not permitted to make use of the mortgage goods, whether or not by the permission from the owner. If he uses it without permission, it is clearly a forbidden act, and if uses it with the debtor’s permission, it is considered as usury. Some of the scholars even issued fatwa about the cancellation and invalidation of mortgage and credit contracts due to the existence of such requirement. [8]

Those are the basic rulings concerning mortgage. But there are 2 cases to come, where the creditor will be allowed to make use of the mortgage property. Those are:

First Case:

The use of mortgage property was required at the time of mortgage and trading contract, or rent contract, with the payment being postponed. However, the scholars affirmed that the use of mortgage property as in this case is valid upon certain conditions:

  • Upon the contract of buying and selling (trading), or the like.
  • The use of the property agreed at the time of trading contract.
  • There is an obvious time limit.
  • There is a clear method of using.

In this case, the creditor is rightful to make use of the mortgage, as agreed by both parties.

If we examine this case closely, we can find that actually, in this type of contract, there are two contracts in one; the trading and mortgage. [9]

For example, if you sold your vehicle to someone, and at the time of the contract, the agreement formed was as follow:

  • The amount of money loaned was IDR, 30.000.000,-, with monthly installments of IDR, 3000.000,-.
  • The buyer was obliged to mortgage one of his house for 10 months, which was the period of credit.
  • During the period of credit, you were rightful to settle at the mortgaged house.

In this case, you are permitted to live at that house, since basically, your vehicle was sold for IDR 30.000.000,- plus some money as rental fee for 10 months.

But if in this case, after the negotiation of price finished until the contract being signed, you did not require to use the house, then you were not rightful to settle at the house. Thus, if 1 or 2 days after the contract you stated your willingness to settle to your buyer, then this willingness was not permitted. If both sides persisted, then both of you were indulged in practice of usury.

From the explanation above, it is concluded that if the mortgage contract is due to credit contract, not trading or renting contract, then it is illegal for the creditor to use the property.

For example, if you credited someone IDR 10.000.000,-, and he mortgaged his paddy field to you as security, you were not permitted to work on his field. Because when you worked on it, it meant that you were benefited by the credit you gave, and every credit that yields profit/benefit is a form of usury, as explained previously.

Imam Ash Shafi’i stated, “If the creditor required the mortgagor to allow him to live at the house he mortgaged, employ a mortgage slave, draw benefit from mortgage goods, or half of it’s use, in whatever forms it may comes, (house, cattle, etc.), then this requirement is invalid. If he gave loan of 1000 (dirham), with a requirement for the debtor to mortgage something as security, then he again required to use the property, this requirement is invalid, since it is additions in credit.”[10]

Imam an Nawawee said, “The creditor (murtahin) possess no rights upon the mortgage properties but the right of security. Murtahin is not allowed to act (tasarruf), by saying or real action, upon the property in his possession, as he is not allowed to make use of it.”
[11]

Second Case

If the mortgage is a living animal, thus in need of foods. This permission aimed to ease both parties. Because if the food of the animal burdened to the creditor, it will harm him. But if it is burdened to it’s owner, it will be troublesome for him, moreover if their distance is large. This case was based on the hadeeth from The Prophet Shallallaahu’alayhe wa Sallam below:

الظَّهْرُ يُرْكَبُ بِنَفَقَتِهِ إِذَا كَانَ مَرْهُوْناً، وَلَبَنُ الدَّرِّ يُشْرَبُ بِنَفَقَتِهِ إِذَا كَانَ مَرْهُوْناً، وَعَلَى الَّذِيْ يُرْكَبُ وَيُشْرَبُ اَلنَّفَقَةُ

“A ridden animal is permitted to ride upon as a return for it’s food if it is as mortgage, and the milk of a milked animal is permitted to be drank upon as a return of it’s food if it is as mortgage. The one riding or milking it is obliged to feed them.” (Collected by Bukharee)

Ibn Hajar al Asqalanee said that, “In this hadeeth, there is a basis for those who allow the creditor to make use of the mortgage property, if he is responsible for it’s maintenance, even if it is not permitted by the owner. This is the opinion of Imam Ahmad, Ishaq, and several other scholars. They stated that the creditor can use the mortgage animal by riding or milking it, adjusted to the amount of food they give to the animals. But he is not permitted to use them in another ways. This is an understanding taken from this hadeeth…

Even though the content of this hadeeth seemingly global at a glance, but it actually meant to the creditor. That is because the use of the property of the mortgagor is based on his possession status upon it, not merely because he feed it, and this is different to the creditor.” [12]

The followings are fatwas from The Standing Committee for Scientific Research and Fatwa, Kingdom of Saudi Arabia, related to the ruling for using of mortgage property:

Question:
What is the ruling in Islam for banking, and what is the ruling of committing transactions with them (such as borrowing money with interest from them?) Is the practice of mortgage legal or illegal? For example, I have a piece of land about 2 hectares, but I have no money. So I went to a creditor who were ready to give me a loan of 1500 Junayh (Egyptian’s currency). After that, he could use my land by cultivating it, and I could use the money (I borrowed) as long as he keeps on cultivating my land.

Answer:
A credit with interest as it’s requirement is illegal, and it was narrated from The Prophet Shallallaahu ‘alayhe wa Sallam, that he Shallallaahu ‘alayhe wa Sallam once declared,

كُلُّ قَرْضِ جَرٍّ نَفْعًا فَهُوَ رِبًا

“Every credit that yields profit is (a form of) usury.”[13]

Scholars also had agreed upon the content of this hadeeth.

Among the form of credit that yields benefit is mortgaging a piece of land to the creditor to be used, whether by cultivating it or by other use, until the debtor is ready to settle his loan. This kind of contract is forbidden in Shari’a.

And all guidance be with Allah alone, may prayers and peace bestowed upon The Prophet Muhammad, his family, and his devoted companions.[14]

Question:
If someone borrowed money from the other, and he mortgaged a piece of land of him to the creditor, is it allowed for the creditor to use the land, whether by cultivating, renting, or other practices?

Answer:
If the mortgage property does not need any fee and maintenance, (for example: furnitures, land, houses), and the property was mortgages due to credit such as qardh, it is not allowed for the creditor to use that land, whether by cultivating or renting, without permission from it’s owner. That is because the land belongs of the mortgagor, also it’s uses.

If the owner (debtor) permitted the creditor to make use of it, and the credit was not a qardh, it is allowed for him to use it, even without any returns. This ruling is valid as long as the license of land use is not a kind of mutual balance due to the postponement of debt settlement. If it is the case, then the creditor is not permitted to use the land.

But if the mortgaged land was due to the credit of qardh, it is absolutely forbidden for the creditor to use it, since the usage of the property at such contract will yield benefits for him. And any credit that yields profit is a kind of usury.

And all guidance be with Allah alone, may prayers and peace bestowed upon The Prophet Muhammad, his family, and his devoted companions.[15]

Question:
In some villages in Egypt, there are tradition to mortgage agriculture fields. If someone in the need of money, he took a loan from a rich person among them. As the return, the creditor took his land as a mortgage. Then, the creditor could use the crops of that field and all of it’s result. But for the landowner, he got nothing from it. The land will be used by the creditor until the due time for the debtor to settle his loan. What is the ruling for such mortgage, and is it legal to take the yields of such land, or illegal?

Answer:
Anyone who gives a loan or credit, is not permitted to require any addition or benefits to his debtor as a mutual balance for his credit. This statement is based on a hadeeth narrated from The Messenger of Allah- Shallallaahu ‘alayhe wa Sallam,

كُلُّ قَرْضِ جَرٍّ نَفْعًا فَهُوَ رِبًا

“Every credit that yields profit is an usury.”

Scholars had agreed upon the content of this hadeeth. And among the contents is as the case mentioned by the questioner, which is the mortgage of land, where the creditor could make use of such land until the debtor settle his debt.

Just as if he gave loan to other, it is not permitted for him (the creditor) to take the harvest of such land or to use it as a mutual balance for the postponement of debt settlement. This is due to the true aim of mortgage is to give a. security for the creditor. Mortgage is not meant to seek profits from the mortgage property as a returns for the credit, or to give chance to the debtor to postpone the settlement.

And all guidance be with Allah alone, may prayers and peace bestowed upon The Prophet Muhammad, his family, and his devoted companions. [16]

Fourth Law: Credit will not be decreased due to the damage of the mortgage property

As explained earlier, that the aim of mortgage is to give security to the creditor, thus the creditor is not responsible of any damage afflicted upon the property without his negligence. Furthermore, if any damage happened to the property unintentionally, the credit he gave shall not be abolished or decreased due to that damage. [17]

Imam Ash Shafi’i stated, “If someone mortgaged a property,then it was broken while in the possession of the creditor, he (the creditor) is not responsible to replace it, and the amount of credit is not changed from it’s origin… As long as the creditor did not commit any mistakes, the status of that property is similar to trusteeship.

Thus, if the debtor had handed the property to the creditor, then he wanted to take it back, the creditor was permitted to reject him. And if the property was broken, the creditor was not responsible to replace it, since he was rightful to reject the request from the debtor.” [18]

Fifth Law: If the debt has reached it’s due time, the mortgaged property could be sold to settle the debt.

If the the debt reaches it’s time to be settled, there are several possibilities for involeved parties as follow:

The debtor can settle his debt. If it is so, then the mortgaged property must be returned to him completely.

The debtor is incapable of settling his debt, and the creditor is willing to postpone his right to be paid. In this condition, the mortgaged property’s status is not changed, as a mortgage until the due time. Postponing debt payment, if the debtor is a truly in difficulties, is better for the sake of the creditor, than claiming his rights by auctioning the mortgaged property. This is as declared by Allah The Exalted,

وَإِنْ كَانَ ذُو عُسْرَةٍ فَنَظِرَةٌ إِلَى مَيْسَرَةٍ وأَنْ تَصَدَّقُوا خَيْرٌ لَكُمْ إِنْ كُنْتُمْ تَعْلَمُونَ

“And if (the debtor) is in difficulties, then give him time until he get ease. Giving charity (from half or all of the debt) is better for ye, if ye know.” (QS Al Baqara/The Cow: 280)

And this hadeeth:

عَنْ حُذَيْفَةَ رَضِيَ اللهُ عَنْهُ قَالَ: قَالَ رَسُوْلُ اللهِ صَلَّى اللهُ عَلَيْهِ وَ سَلَّمَ : أَتَى اللهُ بِعَبْدٍ مِنْ عِبَادِهِ آتَاهُ اللهَ مَالاً، فَقَالَ لَهُ: مَاذَا عَمِلْتَ فِي الدُّنْيَا؟ قَالَ: وَلاَ يَكْتُمُوْنَ اللهَ حَدِيْثًا، قَالَ: يَا رَبِّ آتَيْتَنِيْ مَالَكَ، فَكُنْتُ أُبَايِعُ النَّاسَ، وَكاَنَ مِنْ خَلْقِي الْجَوَازُ، فَكُنْتُ أَتَيَسَّرُ عَلَى الْمُوْسِرِ وَأَنْظُرُ الْمَعْسِرَ، فَقَالَ اللهُ: أَنَا أَحَقُّ بِذَا مِنْكَ، تَجَاوَزُوْا عَنْ عَبْدِيْ

Hudzaifa -may Allah be pleased with him- narrated, “The Messenger of Allah -Shallallaahu ‘alayhe wa Sallam said, ‘(Later on the day of Resurrection) Allah brings one of His servant whom he had bestowed upon wealth. And He asked him, ‘What did you do while you live in the world?’. (While they can not hide anything from Allah). [19] The servant replied, “O my Lord, You had bestowed upon me wealth, and I traded with others. My habit (my manner) was to always make people at ease, I lightened (claims) over the capable (to pay), and postpone (claims of) the incapable (of paying). Then Allah declared, ‘I am more rightful to do such than you. Make this servant of Mine easier!'” (Muttafaqun ‘alayhe, agreed by Bukharee and Muslim)

3. The debtor is incapable of settling his debt, and the creditor is unwilling to postpone the claims. In this condition, the mortgaged property must be sold, and the result is used to settle the debt.

The creditor is not allowed to sell the property in his possession, unless permitted by the owner of that property/the debtor.

This sequence was made to keep others wealth intact, since basically, human possessions are noble, and a selling and buying contract is not valid without the element of “willingness from both sides”.

Moreover, if the owner is the one tries to sell his property, he must be striving to get a good price. It is different if the seller is another people, who usually, merely care on how to get his money back.

If this is the condition. then the result from mortgaged property selling will not out of these three possibilities:

If the result less than debt, the whole result must be given to the creditor, and the debtor still obliged to cover the rest of his debt.

If the result equals debt, then the whole result must be given to the creditor to settle the debt.
If the result larger than debt, then some amount must be taken from the result to pay the debt, and the rest should be returned to the owner (the debtor).

Epilogue

These are explanations that I can reveal in this occasion. Wish it will be useful for all of us. And there is no more beautiful words to close this simple paper but a supplication:

اللَّهُمَّ اكْفِنَا بِحَلاَلِكَ عَنْ حَرَامِكَ وَاغْنِنِا بِفَضْلِكَ عَمَّنْ سِوَاكَ

“O Allah, bestow upon us sufficiency from You legal fortunes, until we do not have any needs to consume the illegal wealth You forbid. Suffice us with Your generosity, until we have no more need to any helps but from You.”

And Allah knows best.

Author: Dr. Muhammad Arifin Badri
Article of syaria.com

FOOTNOTES:

[1] Read: Tafseer Ibn Jarir At Thabari: 3/139-140 and Al Muhalla by Ibn Hazm: 8/88
[2] Read: Al Um, by Imam Ash Shafi’i: 3/139, At Tahzib by Al Baghawi: 4/3, Al Mughni by Ibn Qudama: 6/444, and Al Mabsuth by As Sarahsy: 21/64
[3] Read: Fath Al Baari, by Ibn Hajar Al ‘Asqalani: 5/157 and Nailul Authar by Ash Shaukani: 5/326
[4] Al Um by Imam Ash Shafi’i: 3/153
[5] Al Um: 3/162
[6] Read: Ash Shar’ul Mumti’ by Ibn Othaymeen: 9/125
[7] Read: Al Um by Imam Shafi’i: 3/168, Mughnil Muhtaj by Ash Sharbini: 2/126-127, I’anatuth Thalibin by Ad Dimyati:3/59, Fath Al Mu’in by Al Malibari: 3/59, and Nihayatuz Zain by Muhammad Nawawi Al Bantani: 244
[8] Mughnil Muhtaj by Ash Sharbini: 2/121, Fath Al Mu’in by Al Malibari: 3/57 and Nihayatuz Zain by Muhammad Nawawi Al Bintani: 244
[9] Read Nihayatuz Zain by Muhammad Nawawi Al Bantani: 244
[10] Al Um by Imam Shafi’i: 3/155
[11] Raudatuth Thalibin by Imam Nawawee: 3/387
[12] Fath al Bari by Ibn Hajar Al Asqalani: 5/144
[13] Narrated by Al Harith, as mentioned by Al Haitami in Bughyatul Bahits:1/500 with weak grade, as explained by Ibn Hajar, As Suyuthi, and Al Albanee
[14] Majmu’ Fatawa Al Lajnah Ad Da’imah: 13/426, fatwa no. 16645
[15] Credit other than qardh, is credit on the contract of trading, renting, and the like.
[16] Majmu’ Fatawa Al-Lajnah ad-Da’imah: 14/176, fatwa no. 202444
[17] Majmu’ Fatawa Al-Lajnah ad-Da’imah: 12/178, fatwa no. 17/393
[18] Read: Mughnil Muhtaaj by Ash Sharbini: 2/137
[19] Al-Um by Imam Shafi’i: 3/167
[20] Qs. An-Nisa: 42


Description: the elements of mortgage in sharia

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Thankyou so much for such informative article. it was my assignment topic and it really expanded my sphere of understanding. May Allah bless you always.

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