May I take a bank loan to pay off a normal loan due to pressure?
| Fatwa #2403 | Category: Business & Trade | Country: Uzbekistan | Date: 4th August 2026 |
| Fatwa #2403 | Date: 4th August 2026 |
| Category: Business & Trade | |
| Country: Uzbekistan | |
Question
Assalamu Alaikum wa Rahmatullahi wa Barakatuh,
I follow the Hanafi madhhab and I sincerely ask for your guidance regarding a very difficult situation.
I owe 38,000 USD to a private individual. I fully acknowledge this debt and I have no intention of avoiding repayment. I am able to repay the debt in installments, but the creditor refuses to accept partial payments and insists on receiving the entire amount immediately.
He has been insulting and putting severe pressure on my family, especially on my mother. Because of this constant stress, her health has significantly worsened, and I am deeply worried about her.
I have tried to find halal solutions, but at the moment I cannot pay the full amount at once. The only apparent option available to stop this harm is to take a conventional bank loan, repay the creditor in full, and then repay the bank according to a fixed monthly schedule.
My question is:
According to the Hanafi madhhab, does my situation qualify as a case of necessity (darurah) or pressing need (hajah) that could permit taking an interest-based bank loan, or must I continue to avoid such a loan despite these circumstances?
I fear Allah and I do not want to commit anything that is forbidden. I am only seeking the ruling of the Shariah and want to do what pleases Allah.
May Allah reward you for your guidance.
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
We make dua Almighty Allah alleviate your difficulties and grant you barakah in your wealth. Aameen.
The creditor has a right to be repaid. That is true. However, in the event a debtor has shown that he unable to pay all at once but is able to pay in instalments, then the creditor should practice on the Quranic Injunction of:
وَإِن كَانَ ذُو عُسْرَةٍۢ فَنَظِرَةٌ إِلَىٰ مَيْسَرَةٍۢ ۚ وَأَن تَصَدَّقُوا۟ خَيْرٌۭ لَّكُمْ ۖ إِن كُنتُمْ تَعْلَمُونَ
Translation: “If it is difficult for someone to repay a debt, postpone it until a time of ease. And if you waive it as an act of charity, it will be better for you, if only you knew.” (Baqarah – 280)
It is not appropriate to pressure someone specifically since the person is unable to pay. If the person deliberately does not pay, then it is permissible to pressure him/her to pay.
Interest is Haram and a declaration of war from Almighty Allah. There can be no hope of success by going down this route.
Accordingly, it is not permissible for you to take out a bank loan to clear the original debt. Rather, try to engage once more with the creditor, perhaps engage the help of people who the creditor holds in some esteem and come to an agreement to pay in instalments.
And Allah Ta’āla Knows Best
Mufti Bilal Pandor
Concurred by
Mufti Muhammad Patel
Darul Iftaa Mahmudiyyah
Lusaka, Zambia