Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Assalam aleikum wa rahmatullahi wa barakatuhu

Got money (Pakistani Rs. 400,000) as a gift from my parents, while visiting them, in Pakistan. I put small amount of the gift money as down payment for purchasing land and deposited the rest in a local bank, in a monthly saving scheme offering a certain percentage of the capital as interest, at the end of each month. The monthly interest was used to make the monthly payments on the land. Land now has been paid off. I withdrew the (original) left over money from local bank, and used it. We have also used our own funds to pay maintenance and various fees on the property.

Now we would like to dispose of the property. Because the land was purchased with interest we want to know what our options are for the use of the proceeds of the sale, in the light of Shariah and sunnah.

First, can we get back the money that we used from our own resources (that was not the interest money) to pay for the down payment and the various fees?

Second, if we are in need ourselves for the money can we keep it? We have 3 daughters and another child on the way. We have no house in our home country and could use this money to help in the purchase of a home. (We are not working in our home country.) Or we would save this money to be used for our children’s education.

Third, if we cannot keep the money ourselves, can we give it to other family members who are also in need of financial help; i.e. children’s education expenses, marriage expenses for daughters and the like?

Fourth, if option two or three are not possible, then what options do we have available to us for the use of the proceeds of the sale of the property?

I would appreciate if you could possibly help me in this matter, so I could avoid to disobey Allah’s ruling in this matter. Otherwise please let me know of someone who could be a help to me in this regard, jazak Allah khair, insha-Allah

Your quick reply would be greatly appreciated, insha-Allah.

Ma, assalama

Brother-in-Islam

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Answer:

Bought land on interest

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Allah says further in the Holy Quran Chapter 2 Surah Baqarah verse 278: O Believers!, fear Allah and give up that ‘riba’ which is still due to you, if you are true believers. But if you do not do so, then you are warned of the declaration of war against you by Allah and His Messenger!

Allah says in the Holy Quran Chapter 4 Surah Nisa verse 161: That they took ‘riba’, although they were forbidden. And that they devoured men’s substance wrongfully. We have prepared for those among them who reject faith a grievous punishment (of Hell Fire)!

If one sincerely fears Allah and wishes to make sincere Taubah for their transgression in dealing with ‘riba’, they should make a solemn covenant with their Lord that from this moment forward, they will never ever indulge in the evil of ‘riba’. It is expected that they will find their Lord Forgiving and Merciful.

Your Question: First, can we get back the money that we used from our own resources (that was not the interest money) to pay for the down payment and the various fees?
If in the past one has inadvertently dealt in ‘riba’ and wishes to cleanse himself of the impurity, one has a right to take back all the money he had used from his ‘halaal’ resources. If one does this only because of the fear of standing in the Tribunal and Court of Allah Subhanah, they will earn a huge reward for their piety from their Lord Most Gracious.

Your Question: Second, if we are in need ourselves for the money can we keep it? We have 3 daughters and another child on the way. We have no house in our home country and could use this money to help in the purchase of a home. (We are not working in our home country.) Or we would save this money to be used for our children’s education.
Just because one desperately needs something would not make what is unlawful lawful for them! If the wealth is unlawful or haraam, it does not behove the believers who sincerely fear Allah and the Last Day to use even a cent of it on themselves or their family.

Your Question: Third, if we cannot keep the money ourselves, can we give it to other family members who are also in need of financial help; i.e. children’s education expenses, marriage expenses for daughters and the like?

Although a believer should fear Allah and never ever put himself in a situation whereby he/she has accumulated unlawful money; if one has in one’s ignorance of the Law of Allah accumulated some unlawful money in one’s past, the only thing and intention on one’s mind should be to dispose off this evil and illegal money as soon as possible by giving it to the poor and needy, or any other form of charity without expecting any reward for their spending from the Lord Most High.

Under no circumstances can this unlawful wealth be used upon themselves or their immediately family under their care; but one should fear Allah and strive to immediately dispose off this unlawful wealth, the only intention being to cleanse themselves of this impurity and not what good can they do with it!

If one disposes the illegally earned money only because one fears Allah Subhanah and His Accounting, he will be duly rewarded for his obedience and the fear of Allah Subhanah Who commanded him to abstain from the haraam, Insha Allah.

Your Question: Fourth, if option two or three are not possible, then what options do we have available to us for the use of the proceeds of the sale of the property?
Firstly you need to determine what was the share of the halaal investment and its proportionate returns, and what was the share of the haraam investment and its proportionate returns.

You have the absolute right to claim and keep the halaal investment and its proportionate returns for yourself, and dispose the rest with the intention to cleanse yourself of the impure wealth.

You may dispose off this wealth by giving it to the poor and needy, or to some charity, to anywhere you wish except spending it on yourself or your family under your care. The only intention should be to immediately dispose and thus cleanse oneself of the impure wealth for the fear of Allah Subhanah.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your Brother in Islam,

Burhan