Is It Permissible to Take a Conventional Mortgage in Cases of Severe Hardship?
Question
بسم الله الرحمن الرحيم
As-salamu alaykum wa rahmatullahi wa barakatuh,
I have always tried to avoid interest and refused to apply for a conventional mortgage, as riba is prohibited in Islam. I applied for an Islamic mortgage, but I was only approved for $240,000, which is not enough to purchase a suitable house for my family.
Currently, we are living in a half house with tenants in the basement. These tenants often drink alcohol and play loud music, which creates an unsuitable environment for raising my children according to Islamic values. My parents have recently joined us, and they are elderly and require attention and medical care. This has made our house very crowded, without enough private space for my wife, children, and my parents. The stress of this situation has caused my wife to cry frequently, and she feels overwhelmed without a private, comfortable, and healthy home environment.
Given these circumstances, is it permissible for me to apply for a non-Islamic mortgage (which involves interest), since the Islamic mortgage is not sufficient to provide shelter and a proper Islamic environment for my family and my elderly parents?
Jazakum Allahu khayran wa barakallahu fikum.
Answer
Alhamdulillah, wassalatu wassalamu ala rasulillah, wa ala alihi wa sahbihi ajmain.
The matter of mortgages is very serious, as riba is one of the major sins. Allah says:
“Allah has permitted trade and forbidden riba.” (al-Baqarah 2:275)
And the Prophet ﷺ cursed the one who consumes riba, the one who pays it, the one who records it, and the witnesses to it (Muslim).
At the same time, the Sharia has principles to deal with real hardship when avoiding the haram is beyond one’s control.
1. Necessity Is Measured by Its Extent
الضرورة تقدر بقدرها
Even when necessity applies, it does not allow unrestricted action. The exception must be limited only to the amount needed to resolve the hardship — meaning purchasing a modest home that removes the difficulty, not pursuing luxury.
2. Hardship Brings Ease
المشقة تجلب التيسير
When the Sharia recognizes unbearable difficulty, it allows accommodations to lift it. Your current housing situation, with overcrowding and an un-Islamic environment, qualifies as genuine hardship.
3. That Which Is Prohibited as a Means May Be Permitted by Need
ما حرم لغيره تحريم وسائل تبيحه الحاجة
Here, riba is not being sought as a goal, but as an unavoidable condition attached to securing a home for your family.
4. When Alternatives Are Absent, Needs and Necessities Are Recognized
إذا عدمت البدائل والنظائر وجدت الحاجات والضرورات
This maxim applies directly: since you first sought a halal alternative (the Islamic mortgage) but it proved insufficient, the pressing need may be treated under the rulings of necessity. If true alternatives existed, resorting to riba would not be allowed.
Final Ruling
Conventional mortgages with interest remain haram in principle. However, in your situation — overcrowding, an un-Islamic environment, strain on your wife, and the duty of caring for elderly parents — the matter falls under genuine hardship. If no suitable halal alternative exists, then a conventional mortgage may be tolerated to the extent of need, provided that you avoid extravagance and seek halal refinancing if it becomes available.
And Allah knows best.