Answer:

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

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

Shariah strictly prohibits and condemns all forms of Riba and Usury. Riba and interest are inherent elements of a mortgage, hence totally forbidden.

Allah (Subhanahu wa Ta’ala) says:

و احل الله البيع و حرم الربوا

Translation: “And Allah has permitted sale and prohibited interest/usury” (Surah Al- Baqarah,275/2)

Allah (Subhanahu wa Ta’ala) says:

                              فان لم  اتقوا  الله و ذروا ما بقي من الربوا ان كنتم مؤمنين

تفعلوا فاذنوا بحرب من الله و رسوله

Translation: “Fear Allah and leave out the remains of interest, if you are true believers.If you do not do so, then let it be an announcement of war between Allah and his messenger”(Surah Al-Baqarah, 278-9/2)

Allah (Subhanahu wa Ta’ala) says:

يا ايها اللذين امنوا لا تاكلوا الربوا اضعافا مضافعة

Translation: “Oh you who believe! Do not consume interest compounded over and over” (Surah Aale- Imraan, 130/3)

The Ahadeeth of Rasulullah (Sallallahu alayhi wa sallam) explicitly prohibit interest/usury.

Rasulullah (sallallahu alayhi wasallam) said:

و عن علي انه سمع رسول الله صلي الله عليه و سلم لعن اكل الربوا و موكله و كاتبه و مانع الصدقة و كان ينهي عن النوح

Translation: “It is reported on the authority of Ali (Radhiyallahu anhu) that he heard Rasulullah (Sallallahu alayhi wasallam) cursed the one who consumes interest, deals in interest, records interest, abstains from paying Zakaat (alms) and he used to prohibit excessive mourning” (Mishkaatul – Masaabeeh, 2829)

Rasulullah (Sallallahu alayhi wasallam) said:

عن عبد الله بن حنظلة غسيل الملاءكة قال قال رسول الله صلي الله عليه و سلم درهم ربا ياكله الرجل و هو يعلم اشد من ستة و ثلاثين زنية

Translation: “It is narrated on the authority of Abdullah Bin Hanzalah that Rasulullah (Sallallahu alayhi wa sallam) said: One dirham of interest/usury which a man consumes while he is aware (of it being interest), is more severe than thirty three counts of adultery” (Mishkaatul – Masaabeeh, 2825)

In order for us to issue a ruling, kindly answer the following questions:

1) How many properties are mortgaged?

2) You refer to earnings in your question; does this refer to the rental income received from the mortgaged property or other unlawful earnings?

and Allah Ta'ala Knows Best

(Mawlana) Ismail Desai
Student: Darul Ifta

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