3. INTRODUCTION
Riba was gradually prohibited through 4 stages in 4
different verses in the Quran
Practice of giving and taking riba has been widely
practice in Arab society and regarded as part and
parcel of the business society
To eliminate something that have been accustomed
for so long is not an easy task
This approach also adopted in the prohibition of
liquor
Arab society had been given ample time to gradually
adjust themselves
3
4. RIBA IN THE QURAN
Stages Of Moral
Legal Al-Bay’ as the
Riba & the Prohibition of alternative to
Prohibition denounciatio
Jews Riba Riba
n of Riba
Of Riba In (An-Nisa : 61) (Ali-Imran: (Al-Baqarah:
(Al-Rum : 39)
The Quran 130-132) 275-281)
4
7. DEFINITION
Literally:
Riba is an Arabic word, derived from the verb raba that literally means „to grow‟ or
„expand‟ or „increase‟ or „inflate‟ or „excess‟
Excess quantity, addition, an increase of a thing over and above its original size or
amount
It is generally translated into English as “usury” or “interest”, but in fact it has a
much broader sense in the Shari`ah.
Riba in the Shari`ah, 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 fiqh terminology, riba means an increase in one of two homogeneous
equivalents being exchanged without this increase being accompanied by a
return.
Technically (2 definition depending on the nature of transaction):
Trade Transaction
Loan Transaction
7
8. DEFINITION
Definition 1:
Trade transaction:
Unlawful gain derived from the quantitative inequality of
the counter-values in any transaction purporting to effect
the exchange of 2 or more species which belong to the
same genus(category) and are governed by the same
efficient cause(illah)
Definition 2:
Loan transaction:
A predetermined excess or surplus over and above the
loan received by the creditor conditionally in relation to a
specified period
8
9. CATEGORIES OF RIBA
Debt Riba
Riba Qardh
Riba Jahiliyyah
Trade Riba
Riba al-Fadl
Riba al-Nasiah
9
10. DEBT RIBA
Riba Qardh
Any predetermined benefit for the owner of debt stated in the
contract, which the debtor need to fulfil
E.g.: interest stated in loan contract
Riba Jahiliyyah
The surplus or excess payment above the original debt as a
penalty to the debtor due to his inability to service the loan
repayment within the stipulated time
Real and primary form of riba
Premium paid to the lender in return for his waiting
Giving or taking of every excess amount in exchange of a loan
at an agreed rate irrespective of whether it is low or high
E.g.: interest in credit card transactions due to the delay in the
repayment
10
11. TRADE RIBA
Riba al-Fadl
Any additional quantity or inequality in the exchange
of goods from the similar type of the ribawi items
(Quantity Factor)
Riba al-Nasiah
Any delay in the exchange of the ribawi items from
the same type and category
(Time Factor)
11
13. EVIDENCE
Hadith:
From Jabir: The Prophet saw cursed the receiver and
the payer of usury, the one who records it and the two
witnesses to the transaction and said: “They are all
alike (in guilt and sin).
From Abi Said al-Khudri: The Prophet saw said: gold
for gold, silver for silver, wheat for wheat, barley for
barley, dates for dates, salt for salt, like for like, and
hand to hand. Whoever pays more or takes more has
indulged in riba. Take taker and the giver are alike (in
guilt).
13
15. RIBAWI ITEM
(1) Prompt delivery (time)
(2) Prompt delivery with the equivalent quantity
15
16. ISLAMIC RULINGS ON RIBA IN TRADE
Category Type Exchange Quantity Items
1 Same Same Spot Equal in Regardless of Gold with Gold,
category type exchange quantity quality Wheat with Wheat
2 Same Different Spot Inequality Equality is not a God with Silver
category type exchange is condition Wheat with Rice
permitted Salt with Dates
3 Different Different Delayed is Inequality Time and Gold with Wheat
category type permitted is Quantity Factor RM with Dates
permitted is not a
condition
16
17. ISLAMIC RULINGS ON RIBA IN TRADE
Category Type Exchange Quantity Items
4 Ribawi Items and Non- Delayed is Inequality is Time and RM with vehicles
Ribawi Items permitted permitted Quantity UD with furniture
Factor is not a
condition
5 Between 2 Non- Delayed is Inequality is Time and Bricks with Sands
Ribawi Items permitted permitted Quantity Cloth with Patrols’
Factor is not a
condition
17
18. THE RATIONAL BEHIND THE PROHIBITION OF RIBA
Barter system is not so favourable from the Shariah point of view.
The impact of riba is on the society at large compared to other crimes
prescribed in hudud which impact are restricted to only a few of people.
It is a clear burden on the borrower. In any circumstances, he is obliged
to repay the principal and interest charge (Money renting). Money and
time cannot grow by themselves.
Riba is the main pushing factor for the people with surplus of money to
lend their money out to the deficit units in the economy. However, it
could render to exploitation of deficit units by the surplus units.
To prevent any form of injustice, exploitation and manipulation among
the parties.
The inflexibility of interest charge results in loss and unemployment in
comparison with the profit-and-loss sharing system.
Security oriented vs Growth oriented. Interest-based system is not for
the poor parties with poor creditworthiness.
18
19. THE RATIONAL BEHIND THE PROHIBITION OF RIBA
Inequality in loan distribution makes the rich becomes richer and the poor
becomes poorer.
Interest-based system impends the innovations amongst the small-scale
enterprises particularly.
Wealth creation and transfer: Riba activities do not create a new stock of
wealth.
Borrowers are not exposed to any risk (except credit risk - does not
commensurate the profit made).
Money is considered as commodity is an interest-based system and subject to
the law of demand and supply (Allowing speculation on money).
Interest is a component of costs in an interest-based system.
Case Studies:
Bank interest
Riba al-fadl
Similarities between trade and riba
19
20. CASE 1
Charging Interest In The Banking Sector
Prohibition of riba would safeguard the interest of both financial
institution and customer
In case of money deposits in savings accounts or fixed deposits, the
interest is unfair because of:
Banks:
Conventional Bank: Obliged to pay interest to the depositor which is more than the
principal amount deposited
Islamic Banks: Profit would be given to the depositor only if bank make profit. If they
are making losses, they are not compelled to pay any amount of profit
Customers:
Conventional Bank: Customers would be deprived from the high profit gained by
bank even though they are guaranteed some form of fixed income (interest), it is
rather small compared to the huge profit gained by the banks.
Islamic Bank: If bank making huge profits for a certain period, depositor would be
given a fair share of profit based on agreed proportion
20
21. CASE 2
Prohibition of Riba al-Fadl
To ban any form of unfair trade practices from the business society – unfair
practice in barter transaction
The Prophet saw was actually trying to discourage barter trading and gradually
eliminate barter system while suggesting a better and just monetary system
using currency
The answer to the question:
Why any trader would like to trade 2 similar commodity of different quality without
having gain from the differences in quantity?
No sensible trader would like to trade at loss, they would avoid any
involvement of barter trading that might lead to either the practice of riba or
trade at loss.
Islam suggested fairer alternative – utilize currency as a medium of exchange
that could facilitate a proper flow of trade and accurate market value. This
would avoid injustice due to inability to determine fair value for the exchange in
barter trade.
21
22. CASE 3
Why Riba is Mentioned Together With Trade In The Quran
Difficulties in distinguishing between these 2 concepts.
Similarity
Both seems to gain something extra from the original principal – through interest and
profit
Trade Riba
In trading, buyer will gain and retain In riba based transaction, debtor will not
something in possession in return for retain anything from the creditor even
profit achieved by the seller. though he gets to utilize money in the first
place. He is required to pay back more
than principle. No value added in riba
based transaction.
In trade, traders always exposed to the In riba based transaction, the creditor
concept of profit and loss. always gain at the expense of the debtor
at all cost. It is confirmed gain on the part
of creditor
Trading is win-win situation. Interest always win-lose situation or lose-
lose situation
22
