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Fatwas / Sales Fatawa / Prohibition on cheating the system of housing banks.

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Question

I am widow who had a piece of land when I was offered a loan by a housing fund, but due to financial circumstances I could not build even a single room, so I sold that land. People from the housing fund are now telling me to re-submit my loan request but I no longer have the land. Is it possible to take any piece of land and put my name on it?

تحريم التحايل على نظام البنك العقاري

Answer

Praise be to Allah, and may Allah’s peace and blessings be upon the Messenger of Allah, his family and his companions.

To proceed:

In response to your question, we say, and with Allah Almighty lies all success:
Sister Umm Hunayn is asking if it is possible to submit a loan application to the hosing bank even though she does not have a piece of land. In other words, it possible for her to take land that is not hers in order to meet the required conditions and use it to apply at the housing bank and after that she returns the land to the owner if she had borrowed it.
This is permissible if it is done by the banks knowledge and satisfaction without any deceit.
However it is not permissible if you are going to lie, like going to a court and saying: I bought this land for such and such amount.
There is no harm if someone gives her the land as a gift or lends her and registers it with the judge on the grounds that someone left it vacant for her. This is because she won’t be lying in this case. The land will have been given to her under her name; therefore it will be permissible for her to go to the housing fund for the purposes of submitting her application so that she can benefit from the loan.  


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