Salaam alaykoum,
Recently some fatawa were given to allow muslims buying a property to live in by means of a loan and to pay interest on the lent money.
A lot of brothers and sisters didn't agree at all with this stance of the ulama ( mostly Muslimbrotherhood minded, Al Qaradawi and Co)
Nevertheless it seems to me that there is at least some maslaha in their fatwa.
Not that we should accept riba. By no means!
But looking at alternatives, what could be the solution? To rent a house?
Let's have a look at the ahadith! (I know that the answer should be in al-Qu'ran but I don't see it for now)
From Sahih Muslim, The Book of Transactions (Kitab Al-Buyu`)
Book 010, Number 3799
Jabir b. 'Abdullah (Allah be pleased with him) reported that Allah's Messenger (may peace be upon him) forbade the hiring of a Camel to cover a she-Camel and from selling water and land to be tilled. So from all this the Messenger of Allah (may peace be upon him) forbade.
A camel cannot be rented out to perform an act and the owner being paid for its work.
Chapter 40 HE (THE HOLY PROPHET) CURSED THE ONE WHO ACCEPTS INTEREST AND THE ONE WHO PAYS IT.
Book 010, Number 3880
'Abdullah (b. Mas'ud) (Allah be pleased with him) said that Allah's Messenger (may peace be upon him) cursed the one who accepted interest and the one who paid it I asked about the one who recorded it, and two witnesses to it. He (the narrator) said We narrate what we have heard.
From this hadith it becomes clear that both, the creditor and the borrower of money or other goods, are held responsable for their deeds.
Chapter 17 LEASING OUT LAND
Book 010, Number 3715
Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) having forbidden the renting of land.
The Messenger has forbidden the renting of land.
Book 010, Number 3717
Jabir b. Abdullah (Allah be pleased with them) reported some of the Companions of Allah's Messenger (may peace be upon him) had surplus of land. Thereupon Allah's Messenger (may peace be upon him) said He, who has surplus land (in his possession) should cultivate it, or he should lend it to his brother for benefit, but if he refuses to accept it, he should retain it.
Land should be given to members of the family to exploit these lands for their own benifice. But they can refuse it.
Book 010, Number 3718
Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) having forbidden taking of rent or share of land.
Asking a financial compensation for giving land at someones disposal is prohibited.
Book 010, Number 3719
Jabir (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) as saying He who has land should cultivate it, but if he does not find it possible to cultivate it, or finds himself helpless to do so, he should lend it to his Muslim brother, but he should not accept rent from him.
If someone sees no way to cultivate his land himself and his familymembers don't either then the land should be given to an other muslimbrother without being financially rewarded for it.
At the time of the Prophet pbuh probably everyone had a house to live in or had it made available by others or built it themselves.
It's not so hard to reason by analogy and say that anyone who has a house which he doesn't use for himself, should lend it to others who are in need of it and without asking for rent.
According to the islamic way of live it should be very clear that everyone has the duty that his surplus of property (as a gift of Allah swt)
to giving this surplus away or putting it at the disposal of the needing.
The benefice will become visible on the Last Day. InshaAllah.
A non-muslim cannot be obliged to rent his property out for free but the muslim can be prohibited from paying a rent. It is riba.
Either muslims make available their houses for their brothers and sisters and start to build new ones for the needing, or the needing should be allowed to borrow money from banks without that these banks can make any supplementary conditions to safeguard their own interests.
This could be seen as mashala, common interest, the way of the least harm in times of need.
There is also analogy in car-insurances. Insurances are riba. Its gambling over Qadr Allah.
The insuring company will gain substantially if there are no accidents while the car-owners lose the same amount of money at the same time.
If a lot of accidents should happen the insuring company loses money (makes less benifice) while the car-owners gain a lot more than the paid for their insurance against accidents.
Insurance companies calculate of coarse their risk, and gamble over Qadr Allah to eliminate their risk almost completely and so the eat and prosper on the money of the car-owners.
This is a clear proof for riba.
Fire insurances for buidings also gamble over Qadr Allah and they also commit riba.
I wonder what's my brothers opinion on this subject.
And Allah knows best.