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1.

INTRODUCTION
This paper attempts to decipher simply the substance of usury which is prohibited
according to the Qur'an, as-sunnah and ijma ulama. The concept of usury referred to in
this paper is the meaning of usury both linguistically and termly, the legal basis for the
prohibition of usury, maqashid prohibition of usury , criteria forbidden usury, usury rules
in buying and selling, and the practice of usury in contemporary Islamic financial and
business transactions.
Usury is part of transactions that are prohibited in Islamic teachings. In the study
of the fiqh of muamalah maliyah, the study of usury is one of the most important and
substantial topics to discuss. The discussion of usury is an urgent part because usury can be
one of the identification tools of whether or not a transaction is allowed to be carried
out in Islamic business and finance . That is, if there is a transaction in which an element of
usury is found, then the transaction is prohibited (haram) in the perspective of Islamic
law.
Thus, the focus of this paper is to explain the definition of usury, the legal basis for
the prohibition of usury, the stages of expectation of usury, maqashid (purpose or target)
for the prohibition of usury , variety and assortment of usury, substance of usury qardh
and riba buyu', postulate of prohibition of usury, maqhashid prohibition of usury, criteria
or limitations (dhawabit) of riba qardh , the rules or formulations of usury buyu', and the
practice of riba qardh and riba buyu' in contemporary financial and business transactions.
This paper seeks to unravel the substance of usury that is dabared in Islamic teachings.
The frequent occurrence of misconceptions and false understandings about usury spurred
the author to make a literature review of prohibited usury, both usury in debt and usury in
buying and selling but outlined with an easy-to-understand discussion. The question that
is often asked and must be answered is related to usury is: why is usury forbidden in Islamic
teachings? Is all the addition arising from the debt receivable a usury? What are the
criteria or limitations (dhawabit) of usury that are forbidden according to the Quran and
assunnah? What is the rule of usury in buying and selling? and how is it practiced in
Islamic transactions and business?
2. LITERATURE REVIEW
2.1. Definition of Usury
The word riba comes from Arabic, etymologically meaning to increase(al-ziyadah),
grow (an-numuw), increase/become tall (al-'uluw), loom (al-rif'ah) and increase (al-
rima) (Jaih Mubarok & Hasanudin, 2018). In relation to the meaning of usury in terms
of the language, there is an ancient Arabic expression stating as follows: "arba fulan 'ala
fulan idza azada 'alaihi" (a doing usury against others if in it there is an additional
element or called liyarbu ma a'thaythum min syaiin lita'khuzu aktsara minhu (taking
from something you give in an exaggerated way than what is given) (Nasution, 1996).
Shalih Muhammad al-Sulthan explained that the definition of usury is
terminologically enacted (disputed). Furthermore, al-Sulthan put forward two scholarly
opinions relating to the definition of usury in terms:
a. Ibn Qudamah in the kitab al-Mughni explains that usury in terms is the accretion of
(exchange) of special treasures, that is, treasures measured by scales and doses, both
additional Such occurs in the case of property being steamed or weighed or due to
the suspension of payment on the exchange of similar property.
a. b. According to al-Sharbini, usury in terms is the exaggeration of the exchanged
property and the suspension of payment of similar property exchanged.
In fiqh terminology, usury is any addition in return ('iwadh) from a certain
time suspension, whether the loan is for consumptive needs or for productive
needs. the law remains haram (Abu Zahrah, 1980). In line with the above opinion,
Abdul Rahman al-Jaziri said the scholars agreed that the additional amount of the
loan when the loan was paid within a certain grace period, 'iwadh ( the reward) is
usury (Wasilul Chair, 2014). Muhammad Ali As-Shabuni in Rawa'i al-Bayan explained
that usury is the excess (on the principal of the debt) taken by the creditor (the one
who gives the debt) from the debtor (the one who borrows the debt) in
exchange for a period of debt repayment.
The definition proposed by Abu Zahrah and Ashabuni is similar to the
definition of riba qardh or usury duyun i.e. the addition required to the principal
debt, while the definition described by al-Jaziri is closer to the definition of usury
jahiliyah, which is an addition due to the suspension of time for debt repayment.
2.2. Postulate of the Prohibition of Usury
2.2.1. Stages of Prohibition of Usury in the Quran
Undoubtedly, usury is a legal act that is expressly prohibited in the
Quran and as-Sunnah (Chapra, 2007). In sura alBaqarah (2) verse 275 Allah
Almighty says "... Allah justifies buying and selling and forbids usury ...".
Abu Zahrah asserted that buying and selling is justified because there is a
balance between profit and loss (al-ghunmu bil gurmi), while usury is
forbidden for violating the rules above, it violates the balance between
profit and loss, namely profitable business without bearing the risk of loss
(Jaih Mubarok & Hasanudin, 2018).
The prohibition (hope) of usury in the Qur'an is carried out gradually /
gradually (tadrij) (Jaih Mubarok & Hasanudin, 2018). In the Koran, usury is
mentioned eight times in four surah berbe- da, i.e. once in verse 39 surah
arRum, once in verse 161 surah al-Nisa , one time in times in verse 130
of surah Ali Imran, three times in verse 275 of surah al-Baqarah, once in
verse 276 and verse 278 of surah al-Baqarah (Sharif, 2012). The four
surahs chronologically describe the four stages of the expectation of usury
in the Quran (Chapra, 2007).
In Q.S ar-Ruum (30) verse 39, Allah Swt says:
‫اس فَاَل يَرْ بُوْ ا ِع ْن َد هّٰللا ِ ۚ َو َمٓا ٰاتَ ْيتُ ْم ِّم ْن‬ ِ ‫َو َمٓا ٰاتَ ْيتُ ْم ِّم ْن ِّربًا لِّيَرْ بُ َو ۟ا فِ ْٓي اَ ْم َو‬
ِ َّ‫ال الن‬
ۤ ٰ ُ ‫ز َٰكو ٍة تُر ْي ُدوْ نَ َوجْ هَ هّٰللا ِ فَا‬
َ‫ول ِٕىكَ هُ ُم ْال ُمضْ ِعفُوْ ن‬ ِ
That is to say: And the usury (additional) which you give so that he
may increase to man's property, then that usury does not add to the side
of God. And what you give in the form of zakat that you mean to achieve
the pleasure of Allah, then (who does so) are the ones who multiply (the
reward ). (QS. Ar-Rum [30]: 39).
In the first stage, the Qur'an rejects the notion that usury in zahir seems to
help those in need (Chapra, 2007). The above verse also informs about the
comparison between usury and zakat. Usury empirically increases wealth,
but in God's view it does not increase. While zakat is empirically the
treasure decreases, but in God's view the treasure actually increases. The
substance of the above verse is still informative (khabari) (Jaih Mubarok &
Hasanudin, 2018).
In Q.S an-Nisa (4) verses 160-161 Allah Swt says:
‫م ع َْن سب ْيل هّٰللا‬: ‫ت لَهُم وبص ِّده‬ ٍ ‫م ِّمنَ الَّ ِذ ْينَ هَا ُدوْ ا َح َّر ْمنَا َعلَ ْي ِه ْم طَيِّ ٰب‬:ٍ‫فَبِظُ ْل‬
ِ ِ َِ ْ ِ َ ِ َ ْ ْ َّ‫ت اُ ِحل‬
‫َكثِ ْير ًۙا‬
‫اس بِ ْالبَا ِط ِل ۗ َواَ ْعتَ ْدنَا لِ ْل ٰكفِ ِر ْينَ ِم ْنهُ ْم‬
ِ َّ‫م اَ ْم َوا َل الن‬:ْ ‫َّواَ ْخ ِذ ِه ُم الرِّ ٰبوا َوقَ ْد نُهُوْ ا َع ْنهُ َواَ ْكلِ ِه‬
‫َع َذابًا اَلِ ْي ًما‬
That is to say: So because of the tyranny of the Jews, we are
forbidden to (eat food) that was well (which was) justified for them, and
because they hinder (human beings a lot) ) of the way of God, (QS. An-
Nisa: 160). And because they ate usury, when indeed they had been
forbidden from it, and because they ate the property of the people in a
vanity way . We have provided for the infidels among them a poignant
torment. (QS. An-Nisa: 161).
In the second stage, usury is described as a bad one. God forbids
usury for Jews, and threatens to give harsh retribution to those who eat
usury (Chapra, 2007). This verse also gives a historical picture of the Jews'
transgressive behavior towards usury that God forbids.
In Q.S Ali Imran ((3) verse 130 Allah Swt said: َ
َ َ‫ض َعفَةً ۖ َّواتَّقُوا هّٰللا َ لَ َعلَّ ُك ْم تُ ْفلِحُوْ ۚن‬
ٰ ‫ٰيٓاَيُّهَا الَّ ِذ ْينَ ٰا َمنُوْ ا اَل تَْأ ُكلُوا الرِّ ٰب ٓوا اَضْ َعافًا ُّم‬
That is to say: O people of faith, do not eat usury multiply] and be
devoted to God that you may have good fortune. (QS. Ali Imran : 130).
In the third stage, usury is forbidden by being associated with a
multiplied addition. According to interpreters, the practice of usury at the
time (jahiliyyah) by way of taking such a high addition (multiplied)
(Chapra, 2007). In this verse there is information prohibiting Muslims from
consuming or carrying out usury in the form of additional debts that are
multiple (doubled). At this stage, usury has been forbidden to Muslims,
but it is limited to usury debts (riba jahiliyah) which double. The
monasticism of usury at this stage is not yet absolute.
In Q.S al-Baqarah (2) verses 275, 278-279 Allah Swt said:
ۗ ‫اَلَّ ِذ ْينَ يَْأ ُكلُوْ نَ الر ِّٰبوا اَل يَقُوْ ُموْ نَ ِااَّل َكما يَقُوْ ُم الَّ ِذيْ يَتَ َخبَّطُهُ ال َّشي ْٰطنُ ِمنَ ْالم‬
ِّ‫س‬ َ َ
ۗ ‫وا َواَ َح َّل هّٰللا ُ ْالبَ ْي َع َو َح َّر َم ال ِّر ٰب‬
‫وا‬ ۘ ‫ك بِاَنَّهُ ْم قَالُ ْٓوا اِنَّ َما ْالبَ ْي ُع ِم ْث ُل ال ِّر ٰب‬
َ ِ‫ٰذل‬

That is to say: People who eat (take) usury cannot stand but are
like the standing of people who enter the shaitan because of (the pressure)
of madness. Their situation is that way, is because they say (argue), in
fact, buying and selling is the same as usury, even though God has justified
buying and selling and forbidding usury.... (QS. AlBaqarah: 275).
In the fourth stage, the above verse provides an understanding of
the difference between business (buying and selling) and usury. In addition,
it is also affirmed that people of faith are prohibited from taking usury. God
gives the command to take only the principal of his property that is lent
without any additional required or promised (Chapra, 2007). The opinion of
Wahbah al-Zuhailiy in Muamalat al-Maaliyah al-Mu'ashirah with the
existence of Q.S al-Baqarah verse 275 , usury is the haram of the law, both
in large quantities (multiplied , as well as a little.
ۗ ‫اَلَّ ِذ ْينَ يَْأ ُكلُوْ نَ ال ِّر ٰبوا اَل يَقُوْ ُموْ نَ اِاَّل َكما يَقُوْ ُم الَّ ِذيْ يَتَ َخبَّطُهُ ال َّشي ْٰطنُ ِمنَ ْالم‬
ْ ‫سِّ ٰذلِكَ بِاَنَّهُ ْم قَالُ ْٓوا‬ َ َ
ۗ َ‫وا فَ َم ْن َج ۤا َء ٗه َموْ ِعظَةٌ ِّم ْن َّرب ِّٖه فَا ْنتَ ٰهى فَلَهٗ َما َسل‬
‫فَ َواَ ْمر ٗ ُٓه‬ ۗ ‫وا َواَ َح َّل هّٰللا ُ ْالبَ ْي َع َو َح َّر َم ال ِّر ٰب‬
ۘ ‫اِنَّ َما ْالبَ ْي ُع ِم ْث ُل ال ِّر ٰب‬
ۤ ٰ ُ ‫اِلَى هّٰللا ِ ۗ َو َم ْن عَا َد فَا‬
َ‫ار ۚ هُ ْم فِ ْيهَا ٰخلِ ُدوْ ن‬
ِ َّ‫ك اَصْ ٰحبُ الن‬ َ ‫ول ِٕى‬
That is to say: O people of faith, be devoted to God and leave the
rest of usury (which has not been levied) if you are people of faith. (QS. Al-
Baqarah: 278). So if you do not do (leave the rest of usury), then know, that
Allah and His Messenger will fight you. And if ye repent (of the taking of
usury), then to you the principal of your treasure; You don't persecute and
aren't (anyway) persecuted. (QS. Al-Baqarah: 279).
The above verse was handed down before the death of the
Messenger of Allah Saw. And at the same time as the ultimate verse passed
down related to usury. Based on the description of this verse, clearly,
unequivocally and absolutely God forbids usury in all its forms, both few and
many (Chapra , 2007).
2.2.2. Keharaman Riba According to Hadith
Prophet Muhammad SAW Hadith narrated from the friend of 'Ubadah bin
Shamit ra that the Prophet Saw said:
َ ‫هفض ْ ال‬
َ ‫هفض ْ ال ه ب ُ ة‬
َ ‫ه هعير َ الش ه ب ُ هعير َ الش َ و ه ر ُ ب ْ ال ه ب ُّ ر ُ ب ْ ال َ هة و‬
ْ ‫س ل ْ ههمث ب ً ال‬ َ ‫هس ب ً اء َ و‬
َ ‫هب و َ ه َ الذ ه ُب ب َ ه َ الذ ا َ هذ إ َ د ف َ ي ه ا ب ً د َ ا ء ي َ و‬
ْ ‫ح همث‬؇ ْ ‫ح همث ْ همل‬؇ ْ ‫ح همث همل ْ ؒ ه ْم همل‬؇ ْ ‫ح همث همل‬؇ ْ ‫ح همث ْ همل‬؇ ْ ‫هح همث ْ همل‬
‫ �ل ه ب ُ ح ْ همل ْ ال َ و ه ر ْ م َ الت ه ب رُ ْ م َ الت َ و د َ ي ه ا ب ً د َ ي‬؇ ؒ ْ ‫ح همث همل‬؇ ْ ‫همل‬
‫َ ان َ ا ك َ ذ ه إ ْ م ُ ت ْ هشئ َ ْف ي َ واك ُ يع ه ب َ ف ُ اف َ ن ص ْ َ هذهه األ َ ه ت ْ َ ف َ ل َ ت ْ اخ‬
That is to say: (Exchange) gold for gold, silver for silver, wheat for
wheat, millet with millet, dates for dates , salt with salt in equal
quantities and in cash. If there are different types, then trade according to
your wishes, as long as it is in cash (HR. pilgrims of hadith experts, with
lafadz of Muslim No. 1587).
a. Hadith narrated from jabir ra's best friend:

َ َ‫لَ َعنَ َرسُو ُل هَّللا ِ صلى هللا عليه وسلم آ ِك َل ال ِّربَا َو ُمو ِكلَهُ َو َكاتِبَهُ َو َشا ِه َد ْي ِه َوق‬
‫ال هُ ْم َس َوا ٌء‬

said, that the Messenger of Allah SAW circumcised the one who ate
(took) usury, the one who gave it (the debtor), the one who wrote it,
and the one who witnessed it". He said they all have the same legal
status. (HR. Muslim).

b. Hadith narrated friend of Abu Hurairah ra َ

‫ َوقَ ْت ُل‬،ُ‫ َوالسِّحْ ر‬،ِ ‫ك بِاهَّلل‬ ِ ‫اجْ تَنِبُوا ال َّس ْب َع ْال ُموبِقَا‬
ُ ْ‫ َو َما ه َُّن قَا َل " ال ِّشر‬،ِ ‫ قَالُوا يَا َرسُو َل هَّللا‬." ‫ت‬
ُ‫ َوقَ ْذف‬،‫ف‬
ِ ْ‫ َوالتَّ َولِّي يَوْ َم ال َّزح‬،‫ َوَأ ْك ُل َما ِل ْاليَتِ ِيم‬،‫ َوَأ ْك ُل ال ِّربَا‬،ِّ‫س الَّتِي َح َّر َم هَّللا ُ ِإالَّ بِ ْال َحق‬
ِ ‫النَّ ْف‬
"‫ت‬ ْ
ِ َ‫ت الغَافِال‬ ْ
ِ ‫ت ال ُمْؤ ِمنَا‬
ِ ‫صنَا‬ َ ْ‫ال ُمح‬ْ

That is to say: From Abu Hurairah ra, from the Messenger of Allah SAW
said, 'Stay away from the seven things that destroy ! ' The companions
asked, 'What are the seven things, O Messenger of Allah?' He replied,
'Confirming Allah, magic, killing souls forbidden by Allah Almighty
except in the right way, eating usury, eating orphans' treasures ,
running away from the battlefield and accusing the woman of adultery
of a polite mu'min woman who neglected evil deeds. (Muttafaqun
Alaih).
c. Hadith from Ibn Mas'ud ra that the Messenger of Allah Saw said:

‫َح َّدثَنَا ْال َعبَّاسُ بْنُ َج ْعفَ ٍر َح َّدثَنَا َع ْمرُو بْنُ عَوْ ٍن َح َّدثَنَا يَحْ يَى بْنُ َأبِي زَ اِئ َدةَ ع َْن ِإ ْس َراِئي َل ع َْن‬
َ ‫يع ْب ِن ُع َم ْيلَةَ ع َْن َأبِي ِه ع َْن اب ِْن َم ْسعُو ٍد ع َْن النَّبِ ِّي‬
‫صلَّى هَّللا ُ َعلَ ْي ِه َو َسلَّ َم قَا َل‬ ِ ِ‫الرُّ َك ْي ِن ْب ِن ال َّرب‬
َّ‫َما َأ َح ٌد َأ ْكثَ َر ِم ْن ال ِّربَا ِإاَّل َكانَ عَاقِبَةُ َأ ْم ِر ِه ِإلَى قِل ٍة‬

That is to say: It is not a person who multiplies usury, but the end of the
matter will lose money (Ibn Majah, Bab Taglidh fir riba, No. 2270).
2.2.3. Ijma Ulama About the Haram of Usury
All scholars without exception have agreed/consensus (berijma') that
riba qardh and riba buyu' are forbidden in Islam. Based on the above
postulates the shahih and sharih (clear and unequivocal) show that riba
qardh ( riba nasi'ah/riba jahiliyyah) belongs to the tsawabit and
qath'iyyah (principle and fundamental) in Islam.
2.3. Miscellaneous Usury

According to jumhur ulama, usury is divided into two forms, namely as follows:

a. Usury due to debts is called riba qardh or riba duyun (plural of dayn) i.e. a
certain benefit, level of excess, or addition (ziyadatul maal) that required or
promised against the person in debt (muqtaridh/debtor) for the principal of the
debt, and usury jahiliyah, i.e. the addition paid above the principal of the debt due
to The borrower (debtor) is unable to pay his debts on time. The definition of usury
in this first group is relevant to the literal meaning of usury, i.e. additional (al-
ziyadah).
b. Usury due to buying and selling is called riba buyu' (plural of the word bai')
includes riba fadhl riba nasa' (riba yad), and riba nasi'ah i.e. exchange between
similar goods of different quantities , the quality, or time of delivery and the goods
exchanged belong to the types of ribawi goods (al-amwaal al-ribawiyat) namely:
gold, silver, wheat, dates , and salt.
Riba

Riba
Riba buyu'
qardh/duyun

Riba nasa'
Riba nasi'ah Riba jahiliyah Riba fadhl Riba nasi'ah
(yad)

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