Can I Use a Refund from a Mixed Student Grant and Interest Based Loan?
Question: A questioner asks: I was forced by my father to take out a student loan that involved ribā (interest). We received both interest-free grants and an interest-based loan, and these funds were used to pay for my college tuition. Now there is an excess amount of more than $2,000 remaining in my college account from the loan and grant money, and this amount has been refunded to me. However, I am unable to determine which portion came from the grant (interest-free) funds and which portion came from the interest-based loan. Is it permissible for me to use this money? And is it permissible for me to use it in general, including to pay off a debt that I currently owe? JazakAllahu khayran.
Summary:
If the money that was refunded to you is mixed between a permissible grant and an interest based student loan, and you cannot distinguish one from the other, then the basic principle is that the refunded money belongs to you. This is because it resulted from funds that entered your account and were used for your tuition fees, and it is not the interest itself. However, you must repent from entering into an interest-based loan if you did so by choice. If you were genuinely compelled by your father or had no real ability to refuse, then the sin may be reduced or removed according to the reality of the coercion. Accordingly, it is permissible for you to benefit from the refunded amount and use it for your needs or to repay debts, while striving to free yourself from the interest-based loan and repay its principal as soon as you are able.
Answer:
In the name of Allah, all praise is due to Allah, and may Peace and Blessings be upon the Messenger of Allah (ﷺ)
First: The Prohibition of Ribā in the Qur’an and Sunnah
From the Qur’an
From the Qur'an:
- [Sūrat al-Baqarah 2:275]
Allah has permitted trade and forbidden ribā (usury and interest
Allah عز وجل says:
From the Qur'an:
- [Sūrat al-Baqarah 2:278]
O you who believe, fear Allah and give up what remains due to you of ribā, if you are truly believers.
From the Qur'an:
- [Sūrat al-Baqarah 2:279]
But if you do not do so, then be informed of a war from Allah and His Messenger.
From the Sunnah
From the Sunnah:
- Sahih Muslim 1598Jabir said that Allah's Messenger (ﷺ) cursed the accepter of interest and its payer, and one who records it, and the two witnesses, and he said:
They are all equal.
Abdullāh ibn Ḥanẓalah رضي الله عنه reported that the Messenger of Allah ﷺ said: “A dirham of ribā consumed by a man knowingly is more severe than thirty-six acts of fornication.” (Authenticated by Shaykh al-Albānī in Ṣaḥīḥ al-Targhīb wa al-Tarhīb) Abdullāh ibn Masʿūd رضي الله عنه reported that the Messenger of Allah ﷺ said: “Ribā has seventy-three categories, the least of them being like a man committing intercourse with his own mother. And the worst form of ribā is violating the honor of a Muslim.” (Authenticated by Shaykh al-Albānī in Ṣaḥīḥ al-Jāmiʿ) The basic ruling, therefore, is that interest-based loans are prohibited.
Second: Is the Refunded Money Considered Prohibited Ribā? A distinction must be made between two matters: The principal amount of the loan that was received. The interest paid to the lender. The prohibition in an interest-based loan relates to the ribā contract and the additional interest attached to it. As for the principal amount borrowed, it is not inherently unlawful wealth. For this reason, scholars have stated that one who takes out an interest-based loan owns the borrowed principal, although he remains sinful because of the prohibited contract.
From the Scholars:
- Shaykh al-Islām Ibn Taymiyyah رحمه الله stated in meaning:
The sin of unlawfully acquired wealth falls upon the one who acquired it unlawfully, whereas one to whom it transfers through a lawful means does not necessarily share that sin.
Third: The Ruling on Mixed Lawful and Doubtful Funds This issue falls under the chapter of mixed wealth. The jurists mentioned the principle: If lawful and unlawful wealth become mixed and cannot be distinguished, and the exact amount cannot be known, then the ruling is based upon predominant probability and the original certainty. The funds in this case consist of: A lawful grant. A student loan. The refunded amount is of unknown origin and cannot be identified as belonging specifically to one or the other. The basic principle is that this amount belongs to you because it was returned to you after your tuition fees were settled, and it is not an independent interest payment. Therefore, you are not required to dispose of it. Fourth: May This Money Be Used to Repay Debts? Yes. In fact, repaying debts is among the best ways to spend wealth. Abū Hurayrah رضي الله عنه reported that the Prophet ﷺ said:
From the Sunnah:
- Reported by al-Tirmidhī, no. 1078; authenticated by al-AlbānīAbu Hurairah narrated that:
The Messenger of Allah said: "The believer's soul is suspended by his debt until it is settled for him."
Therefore, if you currently owe a debt, it is permissible to use this money to repay it.
Statements of the Scholars
From the Scholars:
- Shaykh Muḥammad ibn Ṣāliḥ alʿUthaymīn رحمه الله
He explained that money borrowed through an interest based contract does not itself need to be discarded. Rather, what is required is repentance from the prohibited contract and avoidance of the unlawful interest.
From the Scholars:
- Shaykh ʿAbd alʿAzīz ibn Bāz رحمه الله
He emphasized that one who falls into an interest based loan must repent to Allah, repay the loan, and rid himself of its unlawful consequences. It is not necessary to destroy or dispose of the principal amount borrowed.
From the Scholars:
- Shaykh Ṣāliḥ al Fawzān حفظه الله
He stated that what is prohibited is the interest based transaction and the additional interest itself, whereas the principal amount is not itself ribā.
Final Answer The interest-based loan is prohibited in principle, and repentance is required, along with a firm resolve not to return to it. Ribā is among the major sins and among the gravest forms of disobedience to Allah and His Messenger ﷺ. ʿAbdullāh ibn Ḥanẓalah رضي الله عنه reported that the Messenger of Allah ﷺ said: “A dirham of ribā consumed knowingly by a man is more severe than thirty-six acts of fornication.” (Authenticated by Shaykh al-Albānī in Ṣaḥīḥ al-Targhīb wa al-Tarhīb) And ʿAbdullāh ibn Masʿūd رضي الله عنه reported that the Messenger of Allah ﷺ said: “Ribā has seventy-three categories, the least of them being like a man committing intercourse with his own mother.” (Authenticated by Shaykh al-Albānī in Ṣaḥīḥ al-Jāmiʿ) If you were subjected to genuine coercion or did not have a real ability to refuse, then the sin may be reduced or removed according to your circumstances. The refunded amount is not the interest itself. Rather, it is part of the funds that entered your student account and remained after the tuition fees were paid. Since you cannot distinguish between the grant money and the loan money, you are not required to investigate further or dispose of the refunded amount. It is permissible for you to benefit from it in lawful ways. It is also permissible to use it to repay debts, and this is among the best uses for such wealth.
And Allah knows best.
← Back to Questions