Does the fatwa of Sheikh Ibn Uthaymeen, may Allah have mercy on him, which states that a void condition does not invalidate a contract in case of necessity, apply to my situation, where I face extreme difficulty in securing transportation for work that is free from Sharia violations and compatible with my income, knowing that my father only supports me in purchasing a new car through installments that include this condition?
Necessity does not permit usury. However, the point of discussion is the application of necessity to the specific situation. Scholars have defined permissible necessity as a state of danger or severe hardship, where there is a fear of harm befalling one's self, limb, honor, intellect, or wealth, thereby permitting the commission of something forbidden to avert the harm. It is not considered necessity to purchase luxuries or to accumulate wealth for business expansion. Therefore, if allocating a portion of your salary to transportation reaches the aforementioned level of necessity, and this necessity cannot be met except by purchasing a car through a usurious contract, then it is permissible.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 132462
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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