Back to search
The question

Is there any religious doubt in the work of the notary public who authenticates mortgage contracts (mortgaging real estate in exchange for a bank loan)?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The basic principle is the permissibility of working in contract documentation, but it is stipulated that these contracts must be in accordance with Islamic law. This is because documenting contracts that violate Islamic law is considered aiding in sin. Allah Almighty said: "And cooperate in righteousness and piety, but do not cooperate in sin and aggression" [Al-Ma'idah: 2]. The sin becomes more severe if the contracts involve usury, as it is narrated in Sahih Muslim: "Allah has cursed the one who consumes Riba (usury), the one who feeds it, its scribe, and its two witnesses," and he said: "They are all equal." This indicates the prohibition of aiding in falsehood. Therefore, if the contracts are Islamically valid, it is permissible to document them; otherwise, it is not.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
53498
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy