RIBA
RIBA
O you who believe, fear Allah and give up what still remains of
riba, if you are believers. But if you do not (give it up), then
listen to the declaration of war from Allah and His Messenger.
However, If you repent, yours is your principal. Neither
wrong, nor be wronged . If the debtor is unable to pay, wait
for a better time. If you give up the loan as a charity, it
would be better for you, if you only knew.” (Quran 2:277-279)
Riba-ul-Quran- Return Over Loan
ِالش ْيطاا ُن ِم ان املا ه
س َّ ُوم الَّ ِذي ياتا اخبَّطُه ُ ا اق
ُ ي ا ُ ك
ا َّ
ا ِإ ن
ا و ومقُ ي
ُ ها ا ا
ا َب ِ
الر ن
ا و ل
ُ ك
ُ َْي ين
ِ ا ِا
ِ َّال
ذ
ِاّللُ البا ْي اع او اح َّرام ه ِ ِ َّ
ِك ِباَّنُ ْم قاالُواْ إ ََّّناا البا ْي ُع مثْ ُل ه
ُالراَب فا اُن اجاءه ِ ه اح َّل
ا الراَب اوأ
ِ ِ ِ ا ذال
ك ِ ل
اُو
أ ف
ا اد ع ن م و اّلل َلا ِ
ام ْو ه ه ا ا ا ُ ا ا ا ْ ُ ُ ِ ه ا ا ْ ا ا ْ ا
ئ إ ه ر ام
أ و فا ل
ا س ا م هل
ا ف
ا ى ه انتاف ه ِ
بر
َّ ن م ٌة ْ
ا ع
اب النَّا ِر ُه ْم فِ ايها اخال ُدو ان ُ اص اح ْأ
“Those who charge riba are in the same position as those
controlled by the devil's influence. This is because they
claim that riba is the same as trade. However, Allah
permits trade, and prohibits riba. Thus, whoever heeds
this commandment from his Lord, and refrains from riba,
he may keep his past earnings, and his judgment rests with
Allah. As for those who persist in riba, they incur Hell,
wherein they abide forever.” (Quran 2:275)
Differences b/w Commodity & Currency
Liquid/Currency Asset /Commodity
Same characteristics Various Characteristics
No intrinsic utility Intrinsic utility
Only a medium of Exchange Various purposes & uses
No different qualities Different qualities
Same units have same value Same items have diff value
Conclusion Conclusion
Can only be exchanged with same units Can be sold or exchanged at different
Any excess in case of exchange of currency units
or loan is for nothing Any excess in case of exchange or sale is
Can not be treated as a Commodity [i.e., for its utility or quality
can not be sold out] Can also be treated as a Currency [i,e.,
item of exchange like gold & wheat]
Profit on exchange of Profit of asset-based
liquidity is Haram transaction is Halal
Riba-ul-Hadith –
Increase in Exchange of Commodity
ِْ ب ِْبل َذ َه
ب ُْ اّلل صلى هللا عليه وسلم " ال َذ َه َِْ ول
ُْ ال َر ُسَْ َال قَْ َ ق،َب َسعِيدْ اْلُد ِر ِي ْ َِعنْ أ
ْلا ِبِِثْل
ْ شعِ ْيُ ِبلشَعِ ِْي َوالتَم ُْر ِبلتَمْ ِْر َوال ِمل ُْح ِبل ِمل ِْح ِمث َ ض ْةُ ِبل ِف
َْ ض ِْة َوال ُرْب ِبل ُِْب َوال َ َوال ِف
. " ْاآلخ ُْذ َوال ُمع ِطي فِ ِْيه َس َواء ِ ْي ادا بِيدْ فَمنْ ز ْاد أَ ِْو استَ ز ْاد فَ َقدْ أَرب
َ ََ ََ َ َ َ
ٍ ِأاث
. يم ُّ اّللُ اا ُُِي
ب ُك َّل اك َّفا ٍر ِ الص ادقا
ات او ه ِاّللُ ه
َّ الراَب اويُ ْرِِب َياْ اح ُق ه
“Allah condemns riba, and blesses charities” (Quran 2:276)
Holy Quran
اّللا لا اعلَّ ُُ ْم تُ ْفلِ ُحو ان واتقوا النار
اع افة اواتَّ ُقواْ ه
ضا ض اعافا ُّم ا ِآمنُواْ اا اَتْ ُكلُواْ ه
ْ الراَب أا ين ا
ا
ِ ََّي أايُّها ال
ذ ا ا
اليت أعدت للُافرين
“O you who believe, do not eat up the amounts acquired through
Riba(interest), doubled and multiplied. Fear Allah, so that you may be
successful,. and fear the Fire that has been prepared for the
disbelievers.”(Quran 3:130 & 131)
ْمْمنْ َزَكاة َِ ند
ِ ُْاّللْوماْآتَيْت ِ
وْع ب
ر ْي لف ْ ِْ
َاس ن ْال الِ و َم
أ ْ ِ
ِْف و بي ِ
ْل بِ
نْر ِ
مْم
َ َ َِ ُ َ َ َ ِ ِ َ َُ َ ا َُوَماْآتَي ت
ْه ُمْاملضع ُْفو َْن
ُ ك
َ ئَلُو
أ ف
َ ْ ْاّلل
َ ه
َ ج ْو
َ نَ و يد
ُ ِ
ر ُت
ُ
“The riba that is practiced to increase some people's
wealth, does not gain anything at Allah. But if people
give to charity, seeking Allah’s pleasure, these are the
ones who receive their reward many fold.”(Quran 30:39)
Hadith
فاانْطالا ْقناا اح َّّت أاتا ْي ناا اعلاى اَّنا ٍر ِم ْن،ض ُم اق َّد اس ٍةٍ فاأا ْخ ار اج ِاِن إِ اَل أ ْار،ي أاتا يا ِاِن ِ ْ ت اللَّْي لاةا ار ُجلاُ ر اَأاي
ْ
َّه ِر ِ
الر ُج ُل الَّذي ِِف الن ا َّ فاأاقْ با ال،ٌي يا اديْ ِه ِح اج اارة
ا ْ َّه ِر ار ُج ٌل اب
ْ او اعلاى او اس ِط الن،ادٍم فِ ِيه ار ُج ٌل قاائِ ٌم
اء ج ا ُ َّ
ل ك
ُ ل ع ج ف
ا ، ن
ا اكا ث
ُ ي ح َّه
ُ د ر ف
ا ِ ِالرجل ِِبج ٍر ِِف ف
يه َّ ى مر ج ر َي
ْ ا ن
ْ اأ ل ج الر
َّ اد
ا ارأ ا ذ
ا ِفا
إ
ا ا ا ا ا ا ْ ا ا ا ا ُ
ُ ِ ٍ ِ ِ ُِ ِ ا ا ا ُ ُ ا ِ
َّه ِر آكِ ُل ا الن ِف ِ ه ت اي
أ
ُ ا ْار ي ِ
ذ َّ
ل ا ال
ا قا ف
ا ا ذ
ا ه ا
ُ ا ام ْت ل ق
ُ اف ، ن
ا ا ك
ا ا ُ كا ع ج
ا ا اْ ُ ا ْياف ،ر ج ِب يه ف ِف ى م
لا ُ ا اا
ر ج ر خْ ي
ِه
." الراَب
"This night I dreamt that two men came and took me to a Holy
land whence we proceeded on till we reached a river of blood,
where a man was standing, and on its bank was standing another
man with stones in his hands. The man in the middle of the river
tried to come out, but the other threw a stone in his mouth and
forced him to go back to his original place. So, whenever he tried
to come out, the other man would throw a stone in his mouth
and force him to go back to his former place. I asked, 'Who is
this?' I was told, 'The person in the river was a Riba-eater.“(Sahih al-
Bukhari 2085)
Hadith
س الَِّيت اح َّرام
ِ اوقا ْت ُل النَّ ْف،الس ْح ُر َِّ شر ُك َِب
ِ و،ّلل ِ ال " ال
ه ا اق ن
َّ ه ام و ، َِّ ول
اّلل قاالُوا اَي ار ُس ا." ات ِ الس ْبع الُْوبِاق َّ اجتانِبُوا "
ِ ات الُْ ْؤِمنا ِ ف الُْ ْحصنا ه ا ْ ُ ا ا ِ ِ ُ ا ْ
ِ الز ْح ِ اوأا ْك ُل ه،اّللُ إِاَّ َِب ْْلا ِهق
ات ُ اوقا ْذ ُ ُ ا،ف اِوالت ِا، اوأا ْك ُل امال الْيات ِيم،الراَب
َّ َّوِهّل يا ْوام َّ
." الْغاافالات
The Prophet said, "Avoid the seven great destructive sins." The
companion asked: What are they? "He said:
"To join others in worship along with allah,
To practice sorcery,
To kill the life which allah has forbidden except for a just cause,
(according to islamic law),
To eat up riba
To eat up an orphan's wealth,
To give back to the enemy and fleeing from the battlefield at the
time of fighting,
And to accuse, chaste women, who never even think of anything
touching chastity and are good believers. (Sahih al-Bukhari 2766)
Hadith
ِ الرَب وموكِلاه واكاتِبه و اش
اه اديْ ِه ِ لِ
آك لم وس عليه هللا صلى َِّ ول
اّلل قا ا،اع ْن اجابِ ٍر
ُ ال لا اع ان ار ُس
ا ها ا ُ ُ ا اُ ا
. ٌال ُه ْم اس اواء
اوقا ا
Hazrat Jabir Ibn-e-Abdullah has reported the Prophet to
have cursed those:
o who charge interest,
o those who pay it,
o those who write documents pertaining thereto,
o those who keep the accounts of such matters
o those who sign as witness.
He said that they are all equal in this crime. (Sahih Muslim 1598)
Does ONLY ISLAM prohibits
Interest?
Riba – Prohibition in the Bible
Exo 22:25 If thou lend money to any of my people that is poor by
thee, thou shalt not be to him as an usurer, neither shalt thou lay
upon him usury.
Lev 25:36 Take thou no usury of him, or increase: but fear thy
God; that thy brother may live with thee.
Lev 25:37 Thou shalt not give him thy money upon usury, nor
lend him thy victuals for increase.
Deu 23:19 Thou shalt not lend upon usury to thy brother; usury
of money, usury of victuals, usury of any thing that is lent upon
usury.
Deu 23:20 Unto a stranger thou mayest lend upon usury; but
unto thy brother thou shalt not lend upon usury…
Riba – Prohibition in the Bible
Neh 5:7-10 Then I consulted with myself, and I rebuked the nobles, and the
rulers, and said unto them, Ye exact usury, every one of his brother. And I set a
great assembly against them. … I likewise, and my brethren, and my servants,
might exact of them money and corn: I pray you, let us leave off this usury.
Psa 15:1-4 LORD, who shall abide in thy tabernacle? who shall dwell in thy holy
hill?... He that putteth not out his money to usury, nor taketh reward against the
innocent. He that doeth these things shall never be moved.
Pro 28:8 He that by usury and unjust gain increaseth his substance, he shall
gather it for him that will pity the poor.
Eze 18:8 He that hath not given forth upon usury, neither hath taken any
increase, that hath withdrawn his hand from iniquity, hath executed true
judgment between man and man
Eze 18:13 Hath given forth upon usury, and hath taken increase: shall he then
live? he shall not live: he hath done all these abominations; he shall surely die; his
blood shall be upon him.
THE RATIONALE BEHIND
PROHIBITION OF RIBA (INTEREST)
Riba is a cause of injustice and exploitation
It is unjust for lenders to guarantee return with no
involvement in risk.
Because riba entails taking advantage of a man’s
inferior economic position it breeds hatred,
jealousy and ill-will towards the rich
Riba leads to the creation of materialistic society
In Islam, incurring debt is discouraged. The
Prophet (pbuh) refused to offer salat-ul janazah of
a person who died indebted.
On the other hand, permitting riba enables lending
to become a viable business. Banks exploit man’s
inherent greed to spend beyond their means by
offering credit
Riba discourage productive work
Managerial and entrepreneurial skills along with the
productive use of money are the essential factors in
converting it into capital. The lenders of the money have
no input in the conversion process.
Riba impedes healthy economic development
Riba generates negative effects on production since
it is security oriented rather than growth oriented.
Lending is confined to established businesses with
known creditworthiness and adequate security
(collateral), not profitability. Banks are not willing
to experiment new and unproven methods of
production, especially for small-scale enterprises
and agriculture
Riba increases the disparities in income and wealth
The rich (the lender) take advantage of the need of
the poor (the borrower) for money by charging
interest, which adds to the burden of the borrower.
As a result, the rich becomes richer and the poor
becomes poorer.
Lacking collateral and established economic
standing, poorer segments of the economy are at an
economic disadvantage when competing for credit
to finance economic activities.
Riba discourages partnership
A loan provides a fixed return to the lender
regardless of the outcome of the borrower’s course
of action. From an Islamic point of view, it is much
fairer to share in the profits and the losses.
Consensus of Shariah Scholars
Riba Interest
Judgment In The Shariah Appellate
Bench Of The Supreme Court, 1999
money
Bank Client
money
Distinguishing Features
▪Murabaha
▪Musharaka (Cost Plus Profit Sale) ▪Ijarah
(Joint Venture Profit Sharing ) ▪Musawama ( Leasing )
Conventional
Ijarah Lease
If the asset goes under Total Loss with out any negligence of customer and
Insurance Company pays off the claim less than the cost, loss will be suffered
by the bank. Bank has to return total security deposit to the customer.
section # 2.5.9.2
Conventional
Ijarah Lease
Bank can not charge any rent against the asset if it is not in a
workable condition with out any negligence of customer.
Section: 2.5.14.3
Conventional
Ijarah Lease
In case if the asset is on booking, after arrival customer refuses
to take the asset on Ijarah, then bank can not charge profit of
the booking period.
Section: 2.5.2.2
Conventional
Ijarah Lease
Murabaha Term
Financing Financing
Murabaha Term
Financing Financing
Murabaha Term
Financing Financing
Murabaha Term
Financing Financing
Murabaha Term
Financing Financing