Financial Transactions

Are student loans permissible in Islam?

Yasir Qadhi November 8, 2022 Watch on YouTube
student loansribainteresteducationislamic finance

Quick Answer

Student loans involving interest are riba and thus haram by default. However, the European Fiqh Council, AMJA, and the Fiqh Council of North America all permit students to take such loans when no alternative exists — no grants, scholarships, family assistance, or interest-free options — because education constitutes a genuine need (hajah) that is treated like a necessity (darurah). The type of riba in modern bank loans is a lesser, indirect category of riba (forbidden as a means, not in itself), which becomes permissible under genuine need. Subsidized government loans where interest is deferred may not even constitute riba in essence, and should be pursued first before any private bank loan.

Full Lecture Transcript (Cleaned)

Introduction and the Question — 0:28

As-salamu alaykum, alhamdulillah. Welcome to another episode of our regular Tuesday series in which we select some of your questions and answer them. Today, insha'Allah, we are going to tackle one of the most commonly asked questions that my email has been bombarded with, and it is of relevance to so many, especially students: the issue of student loans — the permissibility or impermissibility of students, especially here in America and generally speaking in the Western world, taking loans in order to complete their education.

The question I'm going to address today is basically a generic one culled from many dozens of emails, literally from across the country — dare I say across the Western world. The gist of it is the same: a student is not able to pay his or her fees, or they might have been accepted to a vocational school or medical school, and obviously the fees required for those are typically not affordable for the average person. There are alternatives and ways to acquire that money, some of which might appear to be dubious or might actually be dubious. So the question arises: is it permissible or impermissible for a student to take loans in order to complete his or her degree?

Obviously, the issue here concerns those loans which have riba (interest) or appear to have riba. We are not talking about taking a loan from family and friends, nor a grant from a benevolent charity or a government that does not expect to be paid back. We're talking about a loan in which you are going to pay back more than what you took.

There is no doubt, dear brother and sister, that the default when it comes to riba is that it is haram. The proofs for this are well known and there is unanimous agreement amongst all the scholars of Islam. Allah says in the Quran: "Allah has permitted trading and forbidden riba," and "O you who believe, do not consume riba in multitudes."

So the issue is not whether riba is halal or haram — it is haram. The issue is: first, is this type of contract actually riba? And second, can an exception be made? Are there mitigating factors or circumstances where something that is haram might be lowered for that person or circumstance? As we are all aware, in dire situations, that which is haram becomes permissible, but the default ruling remains haram.

The Quick Answer — 4:44

I'm going to give you my quick answer and then explain. My quick answer is that the fatwa given by a number of reputable councils in America and in Europe is that it is permissible with conditions:

The Three Schools of Thought — 7:41

Realize broadly speaking that there are three main genres of answers, three main philosophies out there, three main camps of scholars when it comes to this issue of student loans.

School 1: Student Loans Are Absolutely Haram — 7:56

The first camp says that student loans are haram, and they don't really go into a lot of detail over conditions. They say such loans are riba because you are basically given an amount of, let's say, $100,000 for education and you're going to pay back over the course of 10, 20, or 30 years $110,000, $120,000, or $150,000. So they say this is clear riba. Riba is haram, and haram can only be permitted in case of life and death. Since education is not life and death, since you don't have to go study at a university, therefore it is haram to take advantage of a loan that has this type of riba for educational purposes.

This is the fatwa that generally speaking you will find from most scholars of the Salafi school and most scholars of the Deobandi school. I say this with respect — you will find many dozens of scholars of this persuasion who give this type of fatwa. Generally speaking, the fatwa will be very short and very straightforward: it's an open-shut case because they say a student loan is riba, and riba has been made haram in the Quran.

I do not doubt the sincerity of these scholars and I do not doubt their desire to protect the ummah from the punishment of Allah. However, when you look at the other philosophies, one does sometimes see perhaps a bit of a disconnect between the context and reality of the ummah, between the reality of life if you study versus if you don't study, and the hardships that might be imposed by such a fatwa versus the utopic ideal that they strive for.

One needs to take into account that such a fatwa will impede the religious folks, because the irony is that perhaps the bulk of the ummah doesn't really care about this — and that's a sad reality. But what we are doing is asking those who do care to have a standard in this issue that is actually going to impair them and their progeny. We base our fatwas on reality, not statistical oddities. Generally speaking, if you have a solid education and a solid degree, that will help you attain a level of livelihood that will bring about respect and dignity and goodness for you and your progeny.

School 2: Some Loans Are Not Actually Riba — 13:19

The second school has a very interesting pushback: they say that not every loan that you get is actually a riba-based loan. There are quite a few significant scholars who say that just because it is called a loan doesn't make it a loan in the Shari'ah sense.

This applies more in Europe than in America. In Europe, many governments give specific types of student loans — including England and many other European countries — with many different conditions. For example, in the United Kingdom, if you're a citizen and you wish to take a student loan:

A number of prominent scholars simply say that given these conditions, this is not a loan in the Shari'ah definition. It is not riba at all. On the contrary, it is in the vested interest of the government to educate its citizens. The government is taking your own taxes and paying the institution directly, and the government is basically investing in you to be a better citizen.

As for America, there are also federal government loans — subsidized and unsubsidized. In my humble opinion, taking a subsidized loan from the federal government — where you don't have to pay interest throughout the duration of your studies, and once you graduate you have an interim period to try to pay it off — that type of loan from the government cannot have the same ruling as a loan from a bank. There's really too much difference.

So federal loans include subsidized loans, unsubsidized loans, consolidation loans, and Plus loans. With utmost respect to those in the first category, they don't really think about all these different categories at all and simply lump them all together.

School 3: It Is Riba but Permissible Under Certain Conditions (Yasir Qadhi's Position) — 20:15

My personal choice is the third category. The third category says that the loan that is given and you give back more than what is given — it is a riba loan. But in some conditions and circumstances, it becomes permissible for some people.

In other words, they argue that the default ruling is that a riba loan is haram — that is the basis. However, for some people in some circumstances and situations, an exception is made, and if those circumstances are met, an exception can be made for that person.

This is essentially the fatwa of the European Fiqh Council — which at the time was headed by great ulama of the world — and also AMJA (the American Muslim Jurists Association), which is generally perceived to be somewhat on the conservative side. Both the European Fiqh Council and AMJA, and also the Fiqh Council of North America, have all given a fatwa that would basically be in this category: the default of such loans is that they should not be done, but if certain conditions are met, then a student may take such loans and pay back as soon as possible.

The European Fiqh Council's Fatwa — 24:48

The European Fiqh Council was asked (Fatwa 81-48): what is the ruling of a student taking loans in order to be educated, knowing that he's going to have to pay back more than the amount given? Their response: there is no sin in the student taking such a loan, because the need to be educated is a general need of society. When the need becomes general, it is treated like a necessity, as many scholars of the past have said. The rulings of necessity and the rulings of need are different and they are meant to lift up the necessity and the need to make life easier. Therefore, it is allowed for the student to take just as much as he needs in order to study.

Understanding the Types of Riba — 24:48

When the Quran prohibited riba, we need to understand what the primary prohibition was. The Quranic verse "O you who believe, do not eat multiple-fold" — the Jahiliyyah concept of riba — the primary riba that Allah revealed was that a person gives another person a loan for the exact same amount (here's a thousand, give me back a thousand in 3 months). When that three months comes and the man is not able to pay back, the lender says: "Okay, I'll increase the time, but you increase the amount." This is taking advantage of a misfortune, and this is the riba that Allah condemned in the Quran — the worst type of riba.

Everybody admits there are types and levels of riba. The types of riba we are talking about in student loans are forbidden because they lead to the worst type. As Dr. Akram al-Qadi explained, this type of riba is forbidden because it is a means to the end — it is not forbidden in and of itself, it is forbidden indirectly.

The philosophy of this third group is: that which is forbidden indirectly, that which is forbidden because it leads to the bigger haram — it is haram, but it is a lesser haram. And because it is a lesser haram, it may become permissible for a lesser threshold than a life-and-death situation. So if the life-and-death situation is called darurah (necessity), the lesser threshold is called hajah (need). If life will be extremely difficult without it — that is hajah, and hajah may overcome the lesser level of haram for that particular person.

AMJA's Fatwa and Dr. Main al-Qudah's Position — 36:46

Shaykh Salah al-Sawy, one of the senior scholars living in North America and the founder and senior scholar of AMJA, has the official fatwa that AMJA itself has approved:

"The default is that it is not allowed — it is haram to take riba loans, regardless of whether it is for a student or otherwise, because there's clear riba in this."

The fatwa then says: in current situations in Western universities, there are many available opportunities for grants, for scholarships, for those who are smart or from socioeconomically underprivileged backgrounds, as well as opportunities to work. Try your best to get access to wealth in other ways. Try your best to get interest-free loans. Try your best to get subsidized loans that you can pay off within 6 months without interest.

Then the final paragraph states:

"If all other avenues are shut and the only way possible to get a university education is to take loans, then in this case this is considered to be a need (hajah). It is going to lift the sin, even though the general rule that it is haram shall remain."

In other words, it is haram, but for a student who has no other alternative and there is no access to wealth, it is not going to be sinful — even though the default remains.

Dr. Main al-Qudah's fatwa on AMJA's website (written December 2015) also states:

  • A subsidized government loan in which the interest payments are covered by the government is not riba in essence, as the government who gave the loan pays the interest as well.
  • A Muslim student may receive a subsidized loan if he believes he will be able to repay all of it during the grace period, if he has a true need — neither he nor his parents have the money, he's not able to get a scholarship or grant, and he's not able to earn enough through work.
  • The principle that "that which is prohibited indirectly (as a means to something else) is permissible in the case of overwhelming benefit" — education is such a need.
  • Practical Conclusion — 41:59

    Bottom line, brothers and sisters: those of you that need to take a loan, try your best to find an alternative. If you're going to medical school or something of this nature, there are programs where the government will pay for you and then you work for the government for 3-5 years — this is without a doubt halal, it's not even a loan.

    There are subsidized government loans — again, in my humble opinion, that's not even a riba loan in the first place. A subsidized Federal loan for you to study is your own taxpayer dollars coming back to you, and there are certain conditions which you can avoid by paying it back within 6 months.

    So try to get grants, loans from family and friends, and subsidized loans — in that particular order. If you cannot get any of that, and the only alternative is to get a straight-up loan — either from the government (unsubsidized) or even a private loan — for an education that will potentially change your life and career, and that education is one that will genuinely benefit you and the community with a stable job and stable income, then the third group of scholars says it is permissible.

    Do think long and hard, pray istikhara, and ask family and friends about this issue, because there are many issues that come with being in student debt. If there are alternatives, that is better for you. Nonetheless, if there is no alternative, then indeed — and Allah knows best — it is not going to be considered sinful, even though the default ruling remains that such a loan, if it does have riba in it, is a riba loan. And Allah knows best.