BY ZAHID ZAMIR
Islam is a complete code of life
which offers its own social, political and economic systems to guide human
behavior in all spheres of life. History has recorded that the economic system
of Islam, for the first time in the world had established social and economic
justice during the period of al-Khalifah al-Rashidah. In any ideal Muslim
society, socio-economic justice is considered as one of the most significant
characteristics for the social, political, and economic as well as all realms
of human interaction. Exploitation and any source of unjustified enrichment in
Islam are prohibited. The Holy Qur’an has emphatically instructed Muslims not
to acquire each other’s property wrongfully. Islam is not an ascetic religion.
It takes a positive view of life as the natural outcome of the belief that
human beings are the vicegerents of Allah (swt).
The goals of socio-economic justice
and equitable distribution of income and wealth are integral parts of the moral
philosophy of Islam. However, one of the socio-economic reforms made by Islam
was the prohibition of riba (interest). About the efficacy and usefulness of
the prohibition of interest in Islam, Muslim economists have tried to provide
the juridical clarity and support based on reason, as opposed to mere belief.
The purpose of this paper is to spell out the meaning of riba or interest, its
different kinds, and the social, moral, as well as economic rationale of its
prohibition.
INTEREST
In modern secular economic systems
interest plays a very important role. In fact, in the Western world people
cannot think of any economic system without interest. From a theoretical
standpoint, interest has been a debatable subject among economic and political
theorists. Abu Saud defines interest as “the excess of money paid by the
borrower to the lender over and above the principal for the use of the lender’s
liquid money over a certain period of time”. Economists have presented
different interpretations of interest. Samuelson states that “Interest is the
price of rental for the use of money”. Don Patinkin gives the following
definition: “Interest is one of the forms of income from property, the other
forms being dividends, rent and profit”. However, J.M. Keynes did not define
interest but mentioned the rate of interest as “The percentage of excess of a
sum of units of money contracted for forward units of time over the spot or
cash price of the sum thus contracted for forward delivery”.
However, Muslim, socialist and a
number of capitalist economists have questioned these explanations on both
theoretical and technical grounds. They often stress the point that money
capital cannot be treated as capital goods on the same basis as productive
factors. It is pertinent to remark here that lending of money for interest was
abhorred and, in most cases, prohibited by all the monotheistic religions. An
eminent Western economist,
Roy Harrod,
regards the abolition of interest is the only way to avert a collapse of
capitalism. Not only this, but he speaks with great admiration for an
interest-less society in his work on Economic Dynamics. Harrod clearly
recognizes that, “It is not the profit itself, earned by services, by
assiduity, by imagination, or by courage, but the continued interest accruing
from the accumulation that makes that profit taker eventually appear
parasitical…” and he further states that an interest-less society which will be
a totally new kind of society” would be the correct and final answer to all
that is justly advanced by the critics of capitalism.
PROHIBITION OF RIBA (INTEREST)
IN ISLAM
Riba is prohibited in Islam as it
appears explicitly in the Holy Qur’an. There is complete unanimity among all
Islamic schools of thought regarding the prohibition of riba. Since the Qur’an
is the undisputed source of guidance in Islam for all Muslims, there is
unanimous agreement on the fact that Islam has forbidden the practice of riba.
The debate on whether interest is riba or not has been settled. The ulama have
made crystal clear that interest is riba. The modern banking system is
organized on the basis of a fixed payment called interest. That is why the
practices of the modern banking system are in conflict with the principles of
Islam which strictly prohibit riba. Islam is opposed to exploitation in every
form and stands for fair and equitable dealings among all men. To charge
interest from someone who is constrained to borrow to meet his essential
consumption requirement is considered an exploitative practice in Islam.
Charging of interest on loans taken for productive purposes is also prohibited
because it is not an equitable form of transaction. Now let’s have a look on
the prohibition of interest in the light of the Qur’an and the Sunnah
(tradition of Prophet Muhammad (saw)).
PROHIBITION OF RIBA IN THE HOLY
QURAN
In several verses of the Holy
Qur’an, Allah (swt) has mentioned the consequences of riba. The Qur’an did not
declare the prohibition of riba in the early stage of revelation; rather we
find that the complete prohibition of interest came sequentially.
In the Qur’an Allah (swt) says:
“That which
ye lay out for increase through the property of (other) people, will have no
increase with Allah: But that which ye lay out for charity, seeking the
countenance of Allah (will increase): it is these who will get a recompense
multiplied”. (30:39)
“That they
took riba (usury), through they were forbidden and that they devoured men’s
substance wrongfully – We have prepared for those among men who reject faith a
grievous punishment.” (4:161)
“O ye who
believe! Devour not usury doubled and multiplied; but fear Allah, that ye may
(really) prosper.” (3:140)
“Those who devour usury will not stand except as
stands one whom the evil one by his touch hath driven to madness. That is
because they say: ‘Trade is like usury.’ But Allah hath permitted trade and
forbidden usury. Those who after receiving direction from their Lord, desist,
shall be pardoned for the past; their case is for Allah (to judge). But those
who repeat (the offence) are companions of the fire, they will abide therein
(forever)” (2:275)
“O you who have attained faith! Remain conscious of
God, and give up all outstanding gains from Usury, if you are (truly)
believers” (2: 278)
Abdullah
Yusuf Ali in his commentary on the Holy Qur’an mentioned that usury is
condemned and prohibited in the strongest possible terms. There can be no
question about the prohibition. Owing to the fact that interest occupies a
central position in modern economic life, and specially since interest is the
very life blood of the existing financial institutions, a number of Muslim
countries have been inclined to interpret it in a manner which is radically
different form the understanding of Muslim scholars throughout the last
fourteen centuries and is also sharply in conflict with the categorical
statements of the Prophet Muhammad (saw).
PROHIBITION
OF RIBA IN THE HADITH
Jabir reported: The Prophet (saw) cursed the receiver
and the payer of interest, the one who records it (the contract) and the two
witnesses to the transaction and said, “They are all alike (in guilt).”
Jabir ibn Abdullah, giving a report on the Prophet’s
farewell pilgrimage, said: The Prophet (saw), addressed the people and said,
“All the riba al-jahiliyyah is annulled, the first riba that I annulled is our
riba, accruing to al-Abbas ibn Abdul Mutalib (the Prophet’s uncle).”
Abu Hurayrah (ra) narrated that the Prophet (saw),
said: “riba has seventy segments, the least serous is equivalent to a man
committing incest with his own mother.”
Abu Hurayrah (ra) narrated that the Prophet (saw)
said: “”God would not allow four persons to enter paradise or to taste its
blessings: he who drinks wine, he who takes riba, he who usurps an orphan’s
property without right and he who is undutiful to his parents.”
THE
MEANING OF RIBA
The
word riba has been used in the Holy Qur’an on several occasions. So it is
necessary to know what it means or what it really stands for. Riba has been
extracted from Raba. It means addition, increase. So, riba literally means to
increase, to grow to rise, to add, to swell. It is, however, not every increase
or growth which has been prohibited by Islam.
In the Shari’ah, “riba” technically refers to the premium that must be paid by
the borrower to the lender along with the principal amount as a condition for
the loan or for an extension in its maturity. In this sense riba has the same
meaning as interest in accordance with the consensus of all jurists without any
exception. So the Holy Qur’an and the Hadith do not make any such
difference between usury and interest. Interest and usury both are taken as
synonymous for the Arabic word riba.
TYPES
OF RIBA
Although
the Qur’an did not specify any particular kind of riba, it is generally held
that the word al-riba in the Qur’an is that kind of dealing which had been in
vogue during the pre-Islamic days. Muslim jurists have classified riba in two
types: 1. riba al-nasi’ah, and 2. riba al-fadl.
RIBA
AL- NASI’AH
The
term nasi’ah means to postpone or to wait and it refers to the time period that
is allowed for the borrower to repay the loan in return for the addition of the
premium. Hence it refers to the interest on loans. The prohibition of riba
al nasi’ah essentially implies that the fixing in advance of a positive
return on a loan as a reward for waiting is not permitted by the Shari’ah.
RIBA
AL-FADL
Islam,
however, wishes to eliminate not merely the exploitation that is intrinsic in
the institution of interest, but also that which is inherent in all forms of
unjust exchange in business transactions.
Riba
al-fadl is the excess over and above
the loan paid in kind. It lies in the payment of an addition by the debtor to
the creditor in exchange of commodities of the same kind. The following
tradition of the Prophet Muhammad (saw) is cited as evidence. It is
related that Abu Said al-Khurdi said: “the Prophet Muhammad (saw) has said that
gold in return for gold, silver for silver, wheat for wheat, barley for barley,
dates for dates and salt for salt, can be traded if and only if they are in the
same quantity and that is should be hand to hand. If someone gives more or
takes, then he is engaged in riba and accordingly has committed a sin.”
To sum up, riba al-nasi’ah and riba
al-fadl are both covered by the verse, “Allah has allowed trade and
prohibited riba” (2:275), while riba-al nasi’ah relates to loans
and riba al-fadl relates to trade. Although trade is allowed in
principle it does not mean that everything in trade is allowed.
Hi..you have written very well about the debt settlement in islam..It is no doubt a very good way of keeping the islam and debt.
ReplyDelete