The paper covers the definition of Riba, Its types, Prohibition on Riba by Quran, Sunnah and other major religions of the world. The paper also examine the basic difference between Riba & Profit and socio-economic impact of Riba in short.
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Prohibitions of riba in financial operations & socio economic impact of riba
1. Presented by:
Muhammad Habibur Rahman (Tarik)
Vice President & Head of Shari`ah Audit and
Inspection Department
Shari'ah Secretariat, IBBL, HO
habibur@islamibankbd.com
1
2. Introduction
2
“Islamic Bank is a financial institution whose statutes,
rules and procedures expressly state its commitment to the
principles of Islamic Shari`ah and to the banning of the
receipt and payment of interest on any of its operations.”
(Foreign Ministers' Conference of Organization of
Islamic Co-operation (OIC), Dakar, 1978)
Two basic characteristics of Islamic Banking
1. Compliance of Shari`ah
2. Avoidance of interest
3. Allah SWT says in the holy Quran:
“But Allah has permitted Bai (Buying and selling) and
forbidden Riba (Interest)”. (Al Baqara 275)
3
Allah SWT declared
Bai= Halal
Riba= Haram
4. Riba is an Arabic word. It is
derived from the word
“raba-wa”. literally means
increment, addition, grow
up, exceed etc.
Riba can be roughly
translated as "usury", or
unjust, exploitative gains
made in trade or business
under Islamic law.
4
5. Riba Al Qur'an Riba Al Hadith
Riba-Al-Duyun Riba-Al-Buyu
Riba-Al-Jahiliyah Riba-Al-Khafi
(Hidden Riba)
5
Riba
An Nasiah Al- Fadl
6. Any stipulated additional amount over the
principal in a transaction of loan or debt’.
(The Text of the Historic Judgment on Interest, the
Supreme Court of Pakistan, Section: 73 )
Characteristics of Riba an Nasiah
1. Additional /Extra Amount
2. Stipulated in contract
3. Loan Transaction
6
As defined by Justice Taqi Usmani
7. Exchange or sale transactions in which extra
amount charged through the exchange of the
same commodity.
7
Characteristics of Riba al Fadl
1. Additional/Extra amount
2. Same kind
3. Trade transaction
8. Riba an Nasiah
Supposed, Mr. `X’ lent tk.10,000 to Mr. `Y’ to be
paid back tk.11,000 on a specified date. When
the date agreed upon is due, Mr. `X’ gave Mr.
`Y’ the choice either to repay the debt or defer
repayment in return for charging additional
interest on the principal. E.g. total tk. 11500.
This category was commonly practiced in the
pre-Islamic era.
8
9. Riba an Fadl
Supposed, It is, for example, prohibited to
exchange one kg gold of inferior quality for half a
kg of superior quality.
Mentionable here that, According to Hadith of the
Prophet, six things are susceptible to Riba Al-
Fadl:
gold, silver, wheat, barley, dates and salt.
9
ِتِامَّصلَا ِْنب َةَداَبُع ْنَع َو
-
عنه هللا رضى
-
َلاَق
:
ِ َّ َ
ّللَا ُلوُس َر َلاَق
-
وس عليه هللا صلى
لم
-
{
ِبَهَّذالِب َُبهَّذلَا
,
َّضِفْالِب ُةَّضِفْال َو
ِة
,
ِ
رُبْالِب ُّرُبْال َو
,
ِ
يرِعَّشالِب ُيرِعَّشال َو
,
ِ
رْمَّتالِب ُرْمَّتال َو
,
ِحْلِمْالِب ُحْلِمْال َو
,
لْثِمِب ا
ًلْثِم
,
اء َوَسِب اءا َوَس
,
دَيِب اادَي
,
ْصَ ْ
ْلَا ِهِذَه ْتَفَلَتِْخا اَذِإَف
َانَك اَذِإ ْمُتْئِش َْفيَك واُعيِبَف َُافن
دَيِب اادَي
}
مِلْسُم ُها َو َر
11.
اَم َو
مُتْيَتآ
نِم
ااب ِ
ر
َوُب ْرَيِل
ِف
ي
ِلا َوْمَأ
ِ
اسَّنال
َ
ًلَف
ْرَي
وُب
َدنِع
ِ َّ
ّللَا
اَم َو
مُتْيَتآ
نِم
اةَكَز
َُوندي ِ
رُت
ْج َو
َه
ِ َّ
ّللَا
َكِئَل ْوُأَف
ُمُه
َونُفِعْضُمْال
And whatever you give for interest to increase within the
wealth of people will not increase with Allah. But what you
give in zakah, desiring the countenance of Allah - those
are the multipliers.(ArRum:39)
11
Before five years of Hizrah
12.
مْلُظِبَف
ْنِم
َِينذَّال
ُواداَه
َانْمَّرَح
َع
ْمِهْيَل
اتَبِيَط
َّل ِحُأ
ْت
ْمُهَل
ْمِهِدَصِب َو
ْنَع
ِليِبَس
ِ َّ
ّللَا
اايرِثَك
-
ْمِهِذْخَأ َو
اَب ِ
الر
ْدَق َو
ُهُن
وا
ُهْنَع
ْمِهِلْكَأ َو
ْمَأ
َلا َو
ِ
اسَّنال
ِلِاطَبْالِب
َانْدَتْعَأ َو
ِفاَكْلِل
َين ِ
ر
ْمُهْنِم
ااباَذَع
اميِلَأ
ا
For wrongdoing on the part of the Jews, We made unlawful for
them [certain] good foods which had been lawful to them, and
for their averting from the way of Allah many [people], And [for]
their taking of usury while they had been forbidden from it, and
their consuming of the people's wealth unjustly. And we have
prepared for the disbelievers among them a painful punishment.
(An nisa:160-162)
12
At the beginning of Madina era
13.
ا ْاوُلُكْأَت َال ْاوُنَمآ َِينذَّال اَهُّيَأ اَي
اةَفَعاَضُّم ااافَعْضَأ اَب ِ
لر
َّللَا ْاوُقَّتا َو
َونُحِلْفُت ْمُكَّلَعَل
O you who have believed, do not
consume usury, doubled and multiplied,
but fear Allah that you may be
successful. (Ale Emran: 130)
13
On 3rd year of Hizrah, After war of Uhud
15.
وُرَذ َو َّللَا ْاوُقَّتا ْاوُنَمآ َِينذَّال اَهُّيَأ اَي
ُّم مُتنُك نِإ اَب ِ
الر َنِم َيِقَب اَم ْا
َينِنِمْمْؤ
َنِم ب ْرَحِب ْاوُنَذْأَف ْاوُلَعْفَت ْمَّل نِإَف
َلَف ْمُتْبُت نِإ َو ِهِلوُس َر َو ِّللَا
ْمُكِلا َوْمَأ ُوسُمْؤُر ْمُك
َونُمَلْظُت َال َو َونُمِلْظَت َال
O believers! Fear Allah, and give up outstanding
interest if you are ˹true˺ believers.
If you do not, then beware of a war with Allah and His
Messenger! But if you repent, you may retain your
principal—neither inflicting nor suffering harm
Sura Baqarah: 278-279
15
9th year of Hizrah before Latest Haz of Muhammad (sm.)
17. َّيِبَّنال َّنَأ
ﷺ
ِكْؤُمَو اَب ِالر َلِكآ َنَعَل
َُُبِِاَكَو َََُِِِْْاََو ََُُل .
The Messenger of Allah cursed the receiver
and the payer of interest, the one who records
it and the two witnesses to the transaction and
said: "They are all alike [in guilt]." (Muslim)
17
1. From Ibn Mas`uud
18. The Prophet, PBUH, said: “Allah would be
justified in not allowing four persons to enter
paradise or to taste its blessings: he who drinks
habitually, he who takes riba, he who usurps an
orphan's property without right, and he who is
undutiful to his parents." (Mustadrak al-Hakim,
Kitab al-Buyu')
18
2. From Abu Hurayrah :
و ، َالجنة مُهََل ِخَُْْ ال أن ِهللا عَلى ٌّقَح ٌعَبْرَأ
هاَمِْعَن همَقِْذُْ ال
:
َُْم
ُنِم
ٍقَح ِ
بغْر ِالِْْم ِلما ُلِكوآ ، الربا ُلِكوآ ، ٍ
رْمَخ
ََُِِْْللوا لّ والعا ،
19. The Prophet, PBUH , said: "There will certainly
come a time for mankind when everyone will
take riba and if he does not do so, its dust will
reach him." (Abu Dawud, Kitab al-Buyu‘)
19
3. From Abu Hurayrah :
أ ىَقْبَْ َال ٌناَمَز ِ
اسالن ىََلع نَِِْْأََْل
ْمَل ْإنَف ،اَبالر َلَكأ إال ٌََح
َُُْلُكْأَْ
ِه ِ
ارَبُغ ْنِم َُُباَصأ
20. The Prophet, , said: "When one of you grants a
loan and the borrower offers him a dish, he
should not accept it; and if the borrower offers a
ride on an animal, he should not ride, unless the
two of them have been previously accustomed to
exchanging such favours mutually."
(Sunan al-Bayhaqi, Kitab al-Buyu')
20
4. From Anas ibn Malik :
َُُل َىََِْأَف اًضْرَق ْمُكََُحَأ َ
ضَرْقَأ اَذِإ
ِةَّبَّاَال ىََلَع ََُُلَمَح ْوَأ
اَهْبَكْرَْ الَف
َنَْْب ىَرَج َُونكَْ ْنَأ الِإ ، َُُْلَبْقَْ الَو
َكِلَذ َلْبَق َُُنَْْبَو ُُ
22. 22
Prohibition in the Holy Bible
"Do not charge your brother interest, whether on money or
food or anything else that may earn interest.” [Deuteronomy
23:19]
“If you lend money to one of my people among you who is
needy, do not be like a moneylender; charge him no interest.”
(Exodus 22:25)
“Do not take interest of any kind from him, but fear your
God, so that your countryman may continue to live among
you.” (Leviticus 25:36)
23. 23
Sura Nisa Verse 161 mentions that
riba was prohibited for the Jews.
The Prophet Ezekiel includes riba
in a list of “abominable things”,
together with rape, adultery,
murder, robbery and idolatry.
(Ezekiel 18:8, 13)
Prohibition in the Judaism
24. 24
Prohibition in the Hinduism
Manu Smriti: Stipulated interest
beyond the legal rate, being against
(the law), cannot be recovered.
(8:152)
Vasishtha: A well known Hindu law-
maker of that time, made a special law
which forbade the higher castes of
Brahmans (priests) and Kshatryas
(warriors) from being usurers or lenders
at interest. (Jain, 1929: 3-10)
25. Riba Profit
1. Comes from loan 1. Comes from Trading
2. Prohibited by Islam
and major religions
2. Allowed by Islam and
Major religions
3. Certain 3. Uncertain
25
27. People earn money by interest without any
effort. A person is getting Tk.120 in place of
Tk.100 after a fixed period by interest means
that he is actually selling Tk.100 for Tk.120.
In this case, the person gets extra Tk.20
without exchanging anything and making any
effort. So this is undoubtedly an economic
exploitation.
27
28. Interest makes a person reluctant to labor
and people lose their motivation to earn
money through labor.
As a result, people lose their interest in
agriculture, industry, trading and
construction, etc. which influence and
hamper the total welfare of a society.
28
Economic Harm of Riba (contd.)
29. Interest moves money from the
poor to the rich.
Interest favours projects which yield
high profits in the short term
It Reduces the risky investment
Increase funding to non productive
Sector
29
Economic Harm of Riba (contd.)
30. Rich become richer and the poor
become poorer.
(Only 1 % People holding 50 % of total wealth!
Oxfam/2017)
The class distinction therefore grows
and takes the shape of class conflict in
course of time.
30
31. If the interest system exists in the society,
the interest-free loan giving and taking is being
collapsed. Nobody wants to lend money to
anybody without interest.
If the question of lending money comes, the
question of the possible interest comes even
before than that. As a consequence, the kindness,
affection, love, fellow-feeling, amity, sense of
brotherhood and the mentality of helping others
gradually disappear from the society.
31
32. All transactions,
commercial or non-commercial,
individual or corporate,
private or public,
which involve a predetermined rate of return
on loan, in money or kind, fall within the
scope of interest. Advances, loans and
interest-based financial instruments used by
banking and financial institutions are
forbidden in Islam.
32
33. 33
3
Published by
Islamic Economics
Research Bureau
Published by
Natun Safar Prokashoni
2
1
Available at
https://www.albalagh.net/
The Text of
the Historic
Judgment
on Interest
Given by
the
Supreme
Court of
Pakistan