STUDYING ISLAM

“Riba” in Relation to Loans from Muslims and/or non-Muslims and the Issue of Payment of “Riba”

Title:

“Riba” in Relation to Loans from Muslims and/or non-Muslims and the Issue of Payment of “Riba”

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 fourth

among these questions was:

Is there any difference between a

Muslim and a non-Muslim in the matter of prohibition of Riba?

Can the prohibition of Riba be

extended to the loans obtained from non-Muslim, or for that matter, Muslim

foreign countries, whose laws and national policies, together with

international monetary laws and policies, are not within the control of the

state of Pakistan?

My Reply

to this question follows:

It is quite clear from the Qur’an

that in an Islamic state no one – whether Muslim or non-Muslim – shall be

allowed to take “Riba”. There

is absolutely no difference in this case between the Muslim and the non-Muslim

citizens of an Islamic state.

Moreover, it should be clearly

understood that the prohibition of Riba by

the State of Pakistan or any other Muslim state shall actually entail

prohibiting individuals (whether Muslims or non-Muslims) as well as institutions

(whether owned by Muslims or non-Muslims), that operate within the jurisdiction

of the state, from taking Riba. It

is quite clear from the related verses of the Qur’an that the real and actual

prohibition applies to taking or devouring Riba. The prohibition of giving Riba, which has been mentioned in some of the narratives

ascribed to the Prophet (pbuh) is actually only the result or corollary of the

prohibition of taking Riba – and

not a real and basic prohibition.

This concept needs to be understood

in a little more detail:

As is clear from various verses of

the Qur’an, the real prohibition of the Shari`ah

applies to taking Riba.

The Qur’an, at even a single instance, has not mentioned the prohibition of

giving Riba. The reason is quite

simple: the real moral crime, the injustice and the exploitation, according to

the Qur’an, lies in taking or devouring Riba

not in giving Riba.

Thus, the basic initial emphasis of the Qur’an and the state of Medinah,

under the leadership of the Prophet (pbuh) was to abolish the practice of

charging Riba, not of giving Riba.

Throughout this time, the Qur’an condemned those who charged Riba,

it admonished them and reminded them of the punishment that they shall be faced

with on the day of judgment for charging Riba,

and then finally it gave them the ultimatum that if they do not restrain from

charging Riba, the Islamic state –

under the leadership of the Prophet (pbuh) – shall declare a war against them

(Al-Baqarah 2: 279). During all

this time, not a single verse admonished those who paid Riba, they were not

threatened with any dire consequences of their act and were never directed by

the Prophet (pbuh) to avoid the payment of Riba.

On the contrary, the Qur’an actually directed the lenders to deal with them in

a soft manner: it directed the lender to give the borrower some time to return

the lender’s principal amount, if he was not in a position to do so

immediately. It further advised them that if it be possible for them, they

should even waive this principal amount as alms and get their rewards for this

generous act in the hereafter.

Later on, when the institution of

charging Riba

was completely abolished and no individual who charged Riba was allowed to operate

in the society, it was then that the Prophet (pbuh) declared that (when the

society is completely cleared from the evil) even those who offer to pay Riba

to secure loans for themselves or who silently accept paying Riba

and do not bring it to the notice of the state authorities and those who are

scribes of and witnesses to the documentations for Riba-based transactions

without bringing such transactions to the notice of the state are accomplices to

the crime and therefore deserve to be punished for their acts.

As is quite clear from the above,

the real sin and crime, according to the Qur’an and the life of the Prophet (pbuh)

lies in taking or charging Riba.

Agreeing to give Riba

becomes a crime when the society is completely cleared from this evil and taking

Riba

is considered a punishable crime at the state level.

In view of the above explanation, it

should be clear that the prohibition of Riba

at the state level should primarily entail:

  • prohibiting its citizens and the institutions operating within the country

    from charging “Riba”, from any other

    individuals whether residing inside or outside the jurisdiction of the

    state, on any financial transactions;

  • prohibiting its citizens and the institutions operating within the country

    from charging “Riba”, from any other

    institutions whether operating inside or outside the jurisdiction of the

    state, on any financial transactions;

  • refraining itself from charging “Riba”

    from any individuals whether residing inside or outside the jurisdiction of

    the state, on any financial transactions;

  • refraining itself from charging “Riba”

    from any institutions whether operating inside or outside the jurisdiction

    of the state, on any financial transactions;

  • refraining itself from charging “Riba”

    from any other countries on any loans or aids advanced to them;

  • to promulgate and implement laws for the punishment of its citizens and

    the institutions operating within the jurisdiction of the state that do not

    abide by the above prohibitions;

  • to promulgate and implement laws for the punishment of such of its

    citizens and institutions operating within the jurisdiction of the state who

    agree to pay “Riba”

    to other citizens and institutions operating within the state on any

    financial transactions and avoiding to bring such activities in the notice

    of the state, by considering such citizens and institutions accomplices to

    the crime;

  • to promulgate and implement laws for the punishment of such of its

    citizens and institutions operating within the jurisdiction of the state who

    act as scribes of or witnesses to a Riba-based

    financial contract and avoid to bring such contract in the notice of the

    state, by considering such citizens and institutions accomplices to the

    crime;

Payment of “Riba” on loans secured

from individuals and institutions operating outside the jurisdiction of the

state cannot be brought under the scope of any legislation passed for the

prohibition of “Riba”

in Pakistan.

The governments of the state of

Pakistan should obviously be advised to do their utmost in securing “Riba” free loans. But as

the saying goes: “beggars cannot be choosers”, if such arrangement is not

possible payment of “Riba”

shall be made and the contracts fulfilled, without effecting any of the above

mentioned points of the proposed prohibition of “Riba” within the state of Pakistan.

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