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Husband building house on shared land with loan money ( interest based )

Question

Can I refuse to live in a house that has interest (US bank loan) if my husband has the means to purchase a smaller home in cash, but doesn’t want to? Or do I have to live there as his wife? Also, my name would be on the property, since it would be built on land that we both paid for in cash (50% each). How can I get out of this situation? I’m leaning toward divorce, but I want to do what is right. Answer: ﺑﺴﻢ اﷲ اﻟﺮﺣﻤﻦ اﻟﺮﺣﯿﻢ In the name of Allah, the Most Gracious, the Most Merciful If your husband purchases a home on interest, then he himself would be guilty of its sin, not you, because merely living in the home does not constitute giving or taking interest. Nonetheless, continue advising him and mention the severe warnings of involving oneself in interest. Make abundant dua to Allah ﺗﻌﺎﻟﻰ for his guidance. Our duty is to convey the message and Allah ﺗﻌﺎﻟﻰ is the one who guides. On the basis thereof, it would be impermissible to refuse living in your husband’s home. However, if your husband does not have your consent to build a home on this particular land (which has not been divided), then it is prohibited for him to do so because you are both partners in owning this land. [1] To conclude, adopt patience throughout this trying ordeal because marriage always has its ups and downs. Divorce is not always the solution, and many a time it makes matters worse. Seek marriage counseling from a righteous religious scholar and request him to admonish your husband regarding interest . Most importantly, always practice taqwa (obey Allah’s ﺗﻌﺎﻟﻰ commandments and refrain from disobeying Him). Allah ﺗﻌﺎﻟﻰ says: “... and whosoever fears Allah (i.e. has taqwa), then He will make a way out for him.” (Surah At-Talaq: verse 2)

Only Allah knows best

Written by Maulana Mohammad Ahsan Osmani Checked and approved by Mufti Mohammed Tosir Miah Darul Ifta Birmingham


1 Fatawa Mahmudia: v. 23, p. 398-399 (Darul Isha’at); Fatawa Haqqania: v. 6, p. 338 (Jamia Darul Uloom Haqqania Akora Khatak)

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