حكم قرض الإسكان في الفقه الإسلامي: دراسة تأصيلية تطبيقية في ضوء الواقع المعاصر

الفقه الاسلامي

Abstract

Housing finance is a vital socio-economic issue that requires a renewed jurisprudential study to meet the needs of contemporary society. This research aims to elucidate the ruling on housing loans in Islamic jurisprudence, with practical applications that consider modern economic and financial developments. The study discusses the foundational Islamic principles underlying the prohibition or permissibility of interest (riba) and reviews alternative Islamic financing methods that enable individuals to acquire housing lawfully. It analyzes the current state of real estate financing in both Islamic and non-Islamic markets, highlighting the impact of bank loans on family and social stability. The research emphasizes the importance of jurisprudential grounding and legal adaptation to keep pace with technological and economic changes affecting the housing sector. It concludes that Islamic financing contracts, such as murabaha and ijara muntahia bittamlik, represent the most appropriate solutions aligned with the Sharia’s objectives of wealth preservation and hardship alleviation. The study also stresses the need for legislative and banking bodies to develop innovative Sharia-compliant financial products that address societal needs without compromising Islamic principles. The research ends with recommendations for positive interaction between Islamic jurisprudence and civil law to ensure the rights of stakeholders and promote sustainable social development.

Keywords: Housing loan, Islamic finance, Islamic jurisprudence, riba, murabaha, contemporary reality, real estate financing.