Sayyad Muhammad Hussein Fadlallah Lebanon responds question it permissible to take loans non Islam. He is known as Grand Ayatollah Mohammad Hussain Fadlallah. He was born in Lebanon on November 16, 1935, and died on July 4, 2010. He was a renowned Shia cleric.
Following his education in Islam in his hometown of Najaf, Iraq, Fadlallah emigrated to Lebanon in 1952. In the years that followed, he started the Mabarrat Association, spoke a lot, did a lot of research, wrote many books, and set up a lot of Islamic religious institutions.
As in lending money, a "aniyeh" is a contract formed by the owner of an asset to allow another party to use that asset without paying for the privilege (i.e., giving away the item). Therefore, the 'riyeh is a bequest made for the benefit of the asset in question. Any language that identifies the transaction, including proposal and acceptance, is sufficient to create it formally.
If the borrower is crazy, the loan is invalid. If the borrower is a minor or sefh (a person of irrational behavior), the loan is valid with permission from the guardian. If the borrower is indicted, the loan is valid with permission from the creditors to whom he owes his obligation.
He must either legally be able to sell or give away the advantage in question. The lender is subject to these conditions. Borrowers must be creditworthy, and single or multiple persons must be named if the loan is to be considered genuine; otherwise, the loan is invalid.
It is not permissible to lend something that can only be benefited from by destroying it, like food and drink, nor if its benefits are limited to forbidden things, like gambling equipment, from which the benefit comes (gambling).
Either party can terminate a 'riyeh contract, a sort of legal contract, at any moment unless the borrower includes a provision in the contract requiring the owner to refrain from terminating the agreement for a certain period of time.
If the owner breaches the condition, the contract is null and void, and the other party has the responsibility to relieve the other party of their obligation by mutual agreement (ol) or similar means. He also forfeits the right to revoke the loan of his land if he uses it for a funeral or agricultural purposes and subsequently changes his mind.
If the owner of the lent asset dies, the 'riyeh contract is null and invalid, and the borrower is obligated to return the item to the heir or his guardian, along with notice of the nullity of the contract so that the successor may make an informed choice.
The borrower must restrict advantage to what is allowed by the lender's language (in proposal and acceptance) and restrict the benefit to how such a benefit is typically utilized; otherwise, compensation or payment/rent would be payable for the complete benefit or that which exceeds the acceptable amount. The borrower cannot sublease or rent out the property without the lender's consent.
The borrower has been given the loan in trust. Unless the harm was caused by his own transgression or carelessness, or unless reimbursement is contingent upon there having been no such transgression or negligence, he will not be held accountable for any resulting damages. In the case of a gold or silver loan, compensation is also required unless the borrower has specifically stipulated that no compensation is required.
If the borrower finds out that the loan has been stolen, he is not allowed to give it back to the lender and must give it back to the (rightful) owner.
As well, King Hamad bin Isa Al Khalifa offered his condolences to Fadlallah's family and prayed for his soul to rest in everlasting peace. He also said nice things about Fadlullah's religious and scientific work for Islam and Muslims.
Still, for Fadlallah, what mattered most was expanding his scholarly contributions. So, he set up the Islamic Sharia Institute, where many future Islamic scholars, such as Sheikh Ragib Harb, went to school.
Aside from the Grand Ayatollahs in Iraq and Iran, Sayyid Fadlallah was the most distinguished Shia figure in Lebanon. Lebanon will no longer be a destination for Shia seeking leadership until another eminence emerges because someone of his stature cannot be easily replaced.
Borrowing money from a Muslim or a Muslim-owned bank or financial institution at interest is forbidden. In the same manner that it is permissible to pay taxes or service fees to a non-Muslim, it is permissible to take from a non-Muslim any sum that may be obtained lawfully and used for a legal purpose.