STUDYING ISLAM

Does the Prohibition of Riba Apply only to Interest on Personal Loans?

Title:

Does the Prohibition of Riba Apply only to Interest on Personal Loans?

Article:

The Supreme Court of Pakistan, in

determining the applications and implications of the term “Riba”

asked for assistance of religious scholars and other interested people of the

country. For this purpose, answers to ten questions were sought. The second

among these questions was:

What is the true scope of the

transactions to which the bar of Riba is applicable? Can the term Riba also be applied to the commercial and productive loans

advanced by the banking and financial institutions and to the interest charged

thereon?

My Reply

to this question follows:

As should be clear from my answer to

the first question, there is nothing in the meaning and the connotation of the

word “Riba” on the basis of

which one may say that its implications are restricted to loans for personal

non-business/non-commercial use only. In view of this fact we are bound to

interpret from the verses of the Qur'an, which prohibit “Riba”

that they apply equally to “Riba”

earned on personal as well as commercial loans.

If anyone is of the opinion that the

related verses of the Qur'an refer specifically to Riba

earned on personal loans and not on commercial/business loans, the

onus of evidence to this effect, in such a case, shall be on that person. An

acceptable evidence, in this case shall be either 1) one that proves that the

word “Riba” in the classical

Arabic language applies to interest on personal non-business loans only; or 2)

one that shows that the words and the context of the verses of the Qur'an do

not allow us to include commercial/business loans in the scope these verses.

In the absence of this evidence

there is no basis for us to restrict the application of the related verses to a

particular kind of loan.This evidence becomes even more indispensible when we

see that in Al-Room 30: 39, the

Qur'an has explicitly referred to the fact that people, during the times when

the Qur'an was revealed, used to give commercial and business loans and charge

interest on such loans. The Qur'an says:

And whatever interest bearing

loans you give away so that it increases in the wealth of others, it does not

increase in the eyes of God. And whatever Zaka'h

you give away to earn the pleasure of God, these are the people that are sure

to get an increment.

The words: “…interest bearing

loans you give away so that it increases in the wealth of others”, is an

adequate evidence to the effect that in the days of the revelation of the

Qur'an financial loans were given for commercial and business purposes besides

personal/non-commercial purposes. Thus, in the presence of the above verse and

in the absence of either of the two evidences mentioned above, my answer to the

second question is: the prohibition of Riba

applies to all kinds of loans whether taken for personal/non-business usage or

for commercial purposes. The word “Riba”

and the implication of the verses of the Qur'an in which this word is used

also applies to the commercial and productive loans advanced by the banking and

financial institutions and to the interest charged thereon.

20th

March 1999

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