What is the ruling on selling a real estate bank loan to another person, with land or without land?
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The questioner : His EminenceThe Shaykh : What is the Shari'ah's view on what many people do, which is selling a real estate loan with land or without land?
The Shaykh : In what?
The questioner : With land or without land.
The Shaykh : In what? In what?
The questioner : The real estate loan.
The Shaykh : A loan?
The questioner : Yes, I do.
The Shaykh : What kind of loan?
The questioner : The one he receives from the government to build on the land, he sells it to another person for money, meaning he gives him his name.
The Shaykh : Meaning he gives him his name?
The questioner : Yes, he gives him his name in exchange for taking a sum of money from him?
The Shaykh : First: I do not think you should say to a person: "What is the Shari'ah's view on such-and-such?" because a person cannot make everything he says Shari'ah; a person may err. So you should either say: "What is the Shari'ah's view in your opinion," or say: "What is your opinion," or "What do you say about such-and-such," do you understand?
So we say in answering this question: If a person buys a piece of land in a nominal transaction and they go to the notary public and it is registered in his name, then he offers it to the Development Fund, and Allah the Exalted knows that this land has not transferred from its owner, and the owner knows that, and the forger knows that, is this a lie or the truth? I ask you?
The student: A lie.
The Shaykh : And is lying lawful or forbidden? And circumventing the state's regulations by twisted means is betrayal?
So, in this, there is gathered: lying, betraying the state, and circumventing its regulations. And the state's regulations, if they do not contradict the Shari'ah, must be observed, because Allah says:[An-Nisa 4:59]
So circumventing the state's regulations to evade them is like circumventing the Shari'ah of Allah Mighty and Majestic, because obeying the state in what is not forbidden is an obligatory matter by the obligation of Allah Mighty and Majestic,[An-Nisa 4:59] and the understanding of some people, or their comprehension, that the state is not to be obeyed unless Allah has commanded that specific thing, I say this understanding or comprehension is wrong, because if Allah has commanded that specific thing, it becomes incumbent upon us, if it is obligatory, to do it whether the state commands us to or not, do you understand? So when some people say, for example: "I am not obligated to do what the state commands me to do because Allah has not commanded me to do it," we say: Allah the Exalted has not commanded you to do it in detail, but He commanded you to do it in general, [An-Nisa 4:59] so it is obligatory upon us, the subjects who have a pledge of allegiance to our rulers, that we obey them except in disobedience, meaning if they command us to do a sin, we say: No, we will not hear or obey.
If they said, for example: "Lower your garments below the ankles," we would say: No.
If they said: "Shave your beards," we would say: No.
If they said to us: "Cut off your family ties," we would say: No, do you understand? Good.
The questioner : Issuing a fatwa, O Shaykh, on this matter.
The Shaykh : I think we issued a fatwa on that, saying this is forbidden, lying, and taking money from an unlawful source, so it becomes taking money by falsehood and betraying the state.
And Musa is now, as if he is nodding his head saying the session is over because it is time for the call to prayer.
And all praise is due to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and his Companions, and those who follow them with excellence until the Day of Judgment.
The Shaykh : In what?
The questioner : With land or without land.
The Shaykh : In what? In what?
The questioner : The real estate loan.
The Shaykh : A loan?
The questioner : Yes, I do.
The Shaykh : What kind of loan?
The questioner : The one he receives from the government to build on the land, he sells it to another person for money, meaning he gives him his name.
The Shaykh : Meaning he gives him his name?
The questioner : Yes, he gives him his name in exchange for taking a sum of money from him?
The Shaykh : First: I do not think you should say to a person: "What is the Shari'ah's view on such-and-such?" because a person cannot make everything he says Shari'ah; a person may err. So you should either say: "What is the Shari'ah's view in your opinion," or say: "What is your opinion," or "What do you say about such-and-such," do you understand?
So we say in answering this question: If a person buys a piece of land in a nominal transaction and they go to the notary public and it is registered in his name, then he offers it to the Development Fund, and Allah the Exalted knows that this land has not transferred from its owner, and the owner knows that, and the forger knows that, is this a lie or the truth? I ask you?
The student: A lie.
The Shaykh : And is lying lawful or forbidden? And circumventing the state's regulations by twisted means is betrayal?
So, in this, there is gathered: lying, betraying the state, and circumventing its regulations. And the state's regulations, if they do not contradict the Shari'ah, must be observed, because Allah says:
O you who have believed, obey Allah and obey the Messenger and those in authority among you
يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنْكُمْSo circumventing the state's regulations to evade them is like circumventing the Shari'ah of Allah Mighty and Majestic, because obeying the state in what is not forbidden is an obligatory matter by the obligation of Allah Mighty and Majestic,
O you who have believed, obey Allah and obey the Messenger and those in authority among you
يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنْكُمْO you who have believed, obey Allah and obey the Messenger and those in authority among you
يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنْكُمْIf they said, for example: "Lower your garments below the ankles," we would say: No.
If they said: "Shave your beards," we would say: No.
If they said to us: "Cut off your family ties," we would say: No, do you understand? Good.
The questioner : Issuing a fatwa, O Shaykh, on this matter.
The Shaykh : I think we issued a fatwa on that, saying this is forbidden, lying, and taking money from an unlawful source, so it becomes taking money by falsehood and betraying the state.
And Musa is now, as if he is nodding his head saying the session is over because it is time for the call to prayer.
And all praise is due to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and his Companions, and those who follow them with excellence until the Day of Judgment.