Assalamualaikum wa rahmatullilahi wa barakatuh mam,
As we know it is permissible to eat Haram meat when in dire need if no food is available and hunger could kill you, so likewise why it's not permissible to give interest when there's no money and if one has to take money for emergencies like if someone is in hospital?
This is a profound question that touches upon the delicate balance between Necessity (Darurah) and the Prohibitions (Muharramat) in Islamic Jurisprudence (Fiqh).
Walaikum Assalam wa rahmatullahi wa barakatuh,
This is a profound question that touches upon the delicate balance between Necessity (Darurah) and the Prohibitions (Muharramat) in Islamic Jurisprudence (Fiqh).
The scholars (following the understanding of the Pious Predecessors) differentiate between eating haram meat and taking an interest-based (Riba) loan based on several principles:
The Severity of the Sin: While eating swine or unslaughtered meat is haram, Riba is considered one of the seven "Destructive Sins." The Quran declares a state of war from Allah and His Messenger against those who deal in interest.
The Nature of Necessity: To eat haram meat, the danger must be certain death. In the case of medical emergencies, scholars argue that there are often alternatives (charities, public hospitals, borrowing without interest, or selling assets) that haven't been exhausted.
Individual vs. Social Harm: Eating haram meat only affects the individual. However, Riba is an oppressive system that destroys the economy and exploits the poor. Engaging in it, even in need, strengthens a system that Islam came to dismantle.
The Legal Maxim: "Necessity permits the prohibited" is restricted by another maxim: "Necessity is measured by its extent." Most scholars (like Ibn Baz and Al-Uthaymeen) maintained that a medical bill rarely justifies entering into a contract that invokes the curse of Allah, as long as any other humanly possible means exists.
According to the scholars (such as Shaykh Bin Baz and Shaykh Ibn Uthaymeen, may Allah have mercy on them both), the difference between eating dead meat and taking an interest-based loan is on the following bases:
The Nature of the Sin: Eating dead meat is a haram act, but riba (interest) is among the seven destructive sins against which Allah and His Messenger have declared war.
The Extent of Iztirar (Compulsion): Permission to eat dead meat is at the time when death is certain and nothing else is present. In a hospital or emergency situation, alternative routes often exist (such as charitable donations, an interest-free loan, sale of property, or government treatment). Until all halal routes are completely exhausted, interest cannot be permitted.
Individual versus Collective Harm: The harm of eating haram meat is limited to only one person, whereas interest is an oppressive system which destroys the whole society. Becoming involved in it is equivalent to strengthening this false system.
The Juristic Maxim: This maxim, that "necessity makes the prohibited permissible", is correct in its place, but together with it there is also this condition, that "necessity shall be measured according to its actual extent". In the view of the people of knowledge, taking an interest-based loan for financial hardship or for medical treatment does not meet the standard of "iztirar shar'i" (such compulsion in which there is no way out) until there really remains no other way to save a life.
Summary: The prohibition of interest is so severe that it cannot be made halal merely for financial hardship or hospital expenses, unless death really stands before one and no other way in the universe (of asking or of selling) remains.
Translated from the original Urdu fatwa.