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ISLAMIC ECONOMIC SYSTEM AND THE ANCHOR BORROWING PROGRAMME OF

THE FEDERAL GOVERNMENT OF NIGERIA

SANI, MUSA MUHAMMAD

SEPTEMBER, 2019
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ISLAMIC ECONOMIC SYSTEM AND THE ANCHOR BORROWING PROGRAMME OF

THE FEDERAL GOVERNMENT OF NIGERIA

MUSA MUHAMMAD SANI


B. A. (Ed) Islamic Studies (ABU, ZARIA)
U11/FI/2008

A Thesis in the Department of RELIGION AND PHILOSOPHY, Faculty of Arts


Submitted to the School of Postgraduate Studies, University of Jos, in partial fulfilment of the
requirements for the award of degree of M. A. ISLAMIC STUDIES of the
UNIVERSITY OF JOS

SEPTEMBER, 2019
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DECLARATION

I hereby declare that this work is the product of my own research efforts, undertaken under the
supervision of Professor Ibrahim Haruna Hassana al-Wasewi and that it has not been presented
elsewhere for the award of a degree or certificate. All sources have been duly distinguished and
appropriately acknowledged.

…………………………………………………………………………………………………........
MUSA MUHAMMAD SANI
UJ/2017/PGAR/0137
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CERTIFICATION

This is to certify that the research work for this thesis and the subsequent preparation of this
thesis by Musa Muhammad SaniUJ/2017/PGAR/0137 were carried out under my supervision.

____________________________________ ____________________
Professor Ibrahim Haruna Hassan Al-wasewi Date
Supervisor

____________________________________ _____________________
Dr. Abdulhameed Muhammad Naseer Date
Co-supervisor

____________________________________ _____________________
Professor Pic Onwochei Date
Head of Department

____________________________________ _____________________
Professor Sati U. Fwatshak Date
Dean, Faculty of Arts
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DEDICATION

This research work has been dedicated to my late father (Muhammad Sani Ibrahim), May Allah
SWT continue togrant him eternal rest.
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ACKNOWLEDGEMENTS

All praises and appreciation are due to Allah, the willer, the controller, the able, the omniscient

and the omnipotent, He who made this research work as well as the study in general possible for

me. O’ Allah make it beneficial to me and community in general both here and in the hereafter.

Endless gratitude goes to his sealed prophet Muhammad bn Abdullahi SAW, his household,

companions and those on Allah’s cause, who without his guidance our life will have remained in

darkness. At this juncture, I will like to register my appreciation to my noble parents, who

without their persistence and insistence, encouragement and re-awakening, my studies would

have remained a mere bed dream O’ Allah have mercy on them and reward them with ‘Jannatul

Firdaus’. I am most indebted to my supervisor, Professor Ibrahim Haruna Hassan al-Wasewi

who not only worked tirelessly in guiding me through this work, but also gave me the

encouragement to never give up. May Almighty Allah continue to guide and protect him and his

household, and uplift his status. I have no word to appreciate him rather than to say ‘Jazakallahu

bil-khyr’. Muchso, my co-supervisor, Dr. Nasir Muhammad Abdulhamid, may Allah reward him

too. Let me also appreciate all the lecturers in the Unit: Asso. Professor Modibbo, Mal. Bappah

Kabiru, Asso. Professor Huud Shitu and Dr. Khalid Abubakar, may Allah reward them

abundantly.

My immeasurable appreciation goes to my Head of Department/Principal Hajia Binta

Hassan Gangua who encouraged and motherly advised me on my studies. I also appreciate her

lieutenants particularly, the Vice Principal Academics, Mal. Abdullahi Musa George, Vice

Principal,Students’ Affairs, Hajia Binta Ibrahim Duguri and Vice Principal Administration, Mal.

Muhammad Sani Bello, as well as the Federal Ministry of Education, Abuja for releasing and

sponsoring me during this programme. I thank them very sincerely.


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Also, I wish to appreciate my study mates, colleagues in the office, friends, well-wishers

and relatives for the encouragement and support they gave me throughout the programme.

To the following, I am most grateful for being ever supportive: Mr. Dankyes Hasheem

who has taken his time to correct the grammatical structure of the work. Hussaina Aliyu

Abubakar, for always taken care of my children whenever am busy on my work.


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TABLE OF CONTENTS

CONTENT PAGE

TITLE PAGE ------------------------------------------------------------------------------------------ i

DECLARATION ------------------------------------------------------------------------------------- ii

CERTIFICATION ----------------------------------------------------------------------- ------------ iii

DEDICATION ---------------------------------------------------------------------------------------- iv

ACKNOWLEDGEMENTS ------------------------------------------------------------------------- v

TABLE OF CONTENTS ---------------------------------------------------------------------------- vi

ABSTRACT ------------------------------------------------------------------------------------------- vii

CHAPTER ONE
INTRODUCTION
1.1 BACKGROUND OF THE STUDY ----------------------------------------------------------- 1- 4

1.2 STATEMENT OF THE PROBLEM ---------------------------------------------------------- 4 – 5

1.3 RESEARCH QUESTIONS --------------------------------------------------------------------- 5

1.4 AIMS AND OBJECTIVE OF THE STUDY ------------------------------------------------- 5

1.5 SIGNIFICANCE OF THE STUDY ----------------------------------------------------------- 5 – 6

1.6 SCOPE AND DELIMITATION OF THE STUDY ----------------------------------------- 6

1.7 CONCEPTUAL FRAME WORK ------------------------------------------------------------- 6

1.7.1 Islamic Economic System -------------------------------------------------------------------- 6 – 7

1.7.2 Anchor Borrowing Programme -------------------------------------------------------------- 7 – 8

1.7.3 Targetted Beneficiaries ------------------------------------------------------------------------ 8

1.7.4 Identified Agricultural Commodities ------------------------------------------------------- 8 – 9

1.7.5 Eligible Participating Financial Institutions ----------------------------------------------- 9

1.7.6 The Loan Amount ----------------------------------------------------------------------------- 9


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1.7.7 Interest Rate ------------------------------------------------------------------------------------ 9

1.7.8 Repayment -------------------------------------------------------------------------------------- 9

1.7.9 Charging of Interest Rates Higher Than Prescribed --------------------------------------- 9

1.7.10 Capacity Building For The Farmers --------------------------------------------------------10

CHAPTER TWO
THEORETICAL FRAMEWORK ANDLITERATURE REVIEW
2.1 THEORETICAL FRAMEWORK ------------------------------------------------------------ 11 - 15

2.2. MUDARABAH OR QIRAD -------------------------------------------------------------------- 15 - 16

2.2.1Subject Of Qirad------------------------------------------------------------------------------ 16 - 17

2.2.2Qirad Under The Present Banking System-------------------------------------------------- 17 - 19

2.2.3 Qirad And Interest ----------------------------------------------------------------------------- 19 - 20

2.2.4 Profit Sharing (Mudarabah Or Qirad) ------------------------------------------------------ 20

2.3 MODERN THEORY OF INTEREST -------------------------------------------------------- 21 – 23

2.4 SALES (BAY’I) --------------------------------------------------------------------------------- 23 – 24

2.4.1 The Form And Results For An Agreement For Sales (Bay’i) --------------------------- 24 – 25

2.5 BAUCHI STATE AGRICULTURAL DEVELOPMENT PROJECT LOAN

(1981- UNI) ---------------------------------------------------------------------------------- 25

2.5.1 Objectives --------------------------------------------------------------------------------------- 25 - 26

2.5.2 Implementation Experience ------------------------------------------------------------------- 26 - 28

2.5.3 Sustainability ----------------------------------------------------------------------------------- 28 - 29

2.5.4 Financial Lessons Learned ------------------------------------------------------------------- 29

2.5.5 Bank Performance ----------------------------------------------------------------------------- 30

2.5.6 Borrower’s Performance ---------------------------------------------------------------------- 30


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2.6 LITERATURE REVIEW ---------------------------------------------------------------------- 30

2.6.1 Loan And Debt --------------------------------------------------------------------------------- 31 - 33

2.6.2 Responsibilities Of Debtors And Creditors ------------------------------------------------- 33 - 35

2.7 BORROWING FROM BANKS --------------------------------------------------------------- 35 - 37

2.8. PUBLIC BORROWING BY THE PROPHET (SAW) ------------------------------------ 38 - 45

2.8.1Public Borrowing In The Period After The Prophet (Saw) ------------------------------- 46 - 48

2.8.2 Public Borrowing In The Early Fourth Century Ah --------------------------------------- 48 - 53

2.9 USURY/INTEREST (RIBA) ------------------------------------------------------------------ 53 - 54

2.9.1 Types Of Riba ---------------------------------------------------------------------------------- 54 - 56

2.9.2 Usury In Exchange ---------------------------------------------------------------------------- 56 - 57

2.10.0 ADDRESSING SOME MISCONCEPTIONS ABOUT RIBA------------------------ 57

2.10.1.1 Modern Day Interest Is Not Riba ---------------------------------------------------------57

2.10.1.2 Addressing The Misconception --------------------------------------------------------- 57

2.10.2.1 There Is No Difference Between Interest And Profit ---------------------------------- 57

2.10.2.2 Addressing Misconception---------------------------------------------------------------- 58

2.10.3.1 Riba Is Only Relevant To Consumption Loans, Not Commercial Loans ----------- 59

2.10.3.2 Addressing Misconception --------------------------------------------------------------- 59

2.10.4.1 Inflation Justifies Interest ----------------------------------------------------------------- 60

2.10.4.2 Addressing Misconception --------------------------------------------------------------- 60 - 61

2.10.5.1 If It Is Not Excessive, It Is Not Riba ----------------------------------------------------- 62

2.10.5.2 Addressing Misconception ---------------------------------------------------------------- 62

2.10.6.1 Riba Is Allowed Under Necessity (Dharura) ------------------------------------------ 62

2.10.6.2 Addressing Misconception --------------------------------------------------------------- 62 - 63


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2.10.7.1 Interest Represents Oppurtunity Cost Which Cannot Be Denied -------------------- 63

2.10.7.2 Addressing Misconception --------------------------------------------------------------- 63

2.10.8.1 Interest As A Compensation For Risk Element ---------------------------------------- 63

2.10.8.2 Addressing Misconception --------------------------------------------------------------- 64

2.10.9.1 Interest Is A Reward For Money As A Commodity ----------------------------------- 64

2.10.9.2 Addressing Misconception--------------------------------------------------------------- 64 - 65

2.10.10.1 Time Value For Money ------------------------------------------------------------------ 65

2.10.10.2Addressing Misconception -------------------------------------------------------------- 65 – 66

2.11 PARTNERSHIP (MUSHARAKA) ----------------------------------------------------------- 66 - 67

2.11.1 Limited Partnership (Musharaka Al-Inan) ------------------------------------------------ 67

2.11.2 Musharakah Al-Abdan ----------------------------------------------------------------------- 67

2.11.3 Dormant Partnership ------------------------------------------------------------------------- 68

2.11.4 Capital In Qirad Partnership ---------------------------------------------------------------- 68 - 69

2.11.5 Co-Partnership --------------------------------------------------------------------------------69

2.11.6 The Nature of Partnership ------------------------------------------------------------------- 69 - 70

2.12 SUMMARY OF THE LITERATURE REVIEW ------------------------------------------ 70 - 71

CHAPTER THREE
RESEARCH METHODOLOGY
3. 1 CONTEXT OF RESEARCH ------------------------------------------------------------------ 72

3. 1.1 A HISTORY OF JIGAWA STATE -------------------------------------------------------- 72 - 76

3. 1.2 A HISTORY OF BAUCHI STATE -------------------------------------------------------- 76 - 77

3. 2 METHODS OF THE RESEARCH ---------------------------------------------------------- 77 - 78

3. 3 INSTRUMENTS -------------------------------------------------------------------------------- 78 - 79

3. 4 PROCEDURE OF DATA COLLECTION -------------------------------------------------- 79


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3. 5 PROCEDURE OF DATA ANALYSIS ----------------------------------------------------- 79

CHAPTER FOUR
RESULT AND DISCUSSION I
4.1 RESULTS I --------------------------------------------------------------------------------------- 80 - 84

4.2 DISCUSSION I --------------------------------------------------------------------------------- 84 – 85

CHAPTER FIVE
RESULTS AND DISCUSSION II
5.1 RESULTS II-------------------------------------------------------------------------------------- 86 – 94

5.2 DISCUSSION II ------------------------------------------------------------------------------- 95 – 97

CHAPTER SIX
SUMMARY OF FINDINGS, CONCLUSION, AND RECOMMENDATIONS.
6.1 SUMMARY OF THE FINDINGS ------------------------------------------------------------ 98 - 99

6.2 CONCLUSION ---------------------------------------------------------------------------------- 99-100

6.3 RECOMMENDATIONS -----------------------------------------------------------------------100-101

6.4 LIMITATION OF THE STUDY ------------------------------------------------------------- 101

6.5 SUGGESTION FOR FURTHER RESEARCH -------------------------------------------- 102

6.6 CONTRIBUTION TO KNOWLEDGE ----------------------------------------------------- 102

WORKS CITED --------------------------------------------------------------------------------103-105

APPENDIXES ---------------------------------------------------------------------------------- 106


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ABSTRACT

In order to reduce the high level of poverty, and unemployment in the country, the Federal

Government of Nigeria in collaboration with the Central Bank of Nigeria(CBN) introduced some

Social Investment Programmes (SIP), one of which is Anchor Borrowing Programme (ABP). It

is designed to give small holder farmers the oppurtunity to boost their production capacity and to

motivate non-farmers to join farming. This research seeks to find out whether or not Muslims are

participating in the programme as they should. The research further seeks to analyse the Islamic

teachings encouraging or otherwise inhibiting Muslims from participation in the programme.

Employing qualitative and quantitative methods, the research founds that nine percent (9%)

interest rate, five percent (5%) equity contribution, and some forms of cheating and fraud

associated with the implementation of the programme are inhibiting Muslims from participation.

The research at first recommended the renaming the nine percent (9%) interest rate with

Utility/Services charges which still leave the interest as prohibited. However, the research

recommended solution better than renaming the nine percent (9%) is that offered by Bauchi State

Government to paying off the interest charges and allowing the beneficiaries paying off the only

capital.
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CHAPTER ONE
INTRODUCTION

1. 1 BACKGROUND OF THE STUDY

While Nigeria is described as one of the fastest growing economy , it is equally identified as one

of the most poverty-stricken nations around the globe (IMF); the menace of which is most

critical in its northern part, despite bestowed unquantifiable human and natural resources in the

region. The land of the northern part of Nigeria, is very fertile for agriculture which is also the

traditional occupation of the people, yet production is very low due largely to low capital that

would booost production.

The current adminstration as one of its policies of improving agriculture and eradicating

povery and hunger, it introduces Anchor Borrowing Programme for small holder farmers (SHF).

The programme was inititiated to increase Agricultural production and to address poverty and

unemployment. However, there are claims and suggestions that Muslims, in particular, may not

or are actually not participating as they should. For example Khan (9) claimed that “the Muslim

societies have placed a low value on wage-labour. Instead, they have always enclouraged self –

employment or such forms of business as musharakah or mudarabah. It was the capitalist mode

of production which, for the first time in human history, made large chunks of population

dependent on capitalists for their livelihood”. A more possible inhibiting factor to Muslim

participation is the issue of bank interest charges since they ABP is financed by the Central and

Commercial Banks.

There are a number of stuides and academic writings on Muslims and bank interest

however, particular programmes charging interest have not been analysed to see how the issue of

interest inhibits Muslim participation , as intended in this study.


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1. 2 STATEMENT OF THE PROBLEM

The Federal Government of Nigeria introduced Social Investment Programmes one of which is

Anchorm Borrowers’ Programme with the aim of creating employment, reduce the level of

poverty among small holder farmers, and boost the economy of the state. But Some Muslims are

not participating in the programme. Choosing to remain in difficult life. As a result of their

failure to participate in the programme, the funds released goes back to government account

without being used, and rendered the aim of the programme defeated. Therefore this research

examines the Anchor Borrowing Programme in an Islamic perspective, and to find out why

Muslims refused to participate in the programme.

1. 3 RESEARCH QUESTIONS

The research question is an attempt to answer the following questions:-

i. Are Muslims in the research area aware of the Nigerian Government’s Anchor Borrowing

Programme (ABP)?

ii. Do Muslims participate in the programme as they should?

iii. Do Muslims have religious reason for refusal to participate in the programme (ABP)?

iv. What are the religious reasons limiting Muslims from participating in the Anchor

programme?

1. 4 AIM AND OBJECTIVES OF THE STUDY

The aim of this study is to examine the philosophy, principles and requirements for Anchor

Borrowers Programme of Federal Government of Nigeria in Islam.

The Objective of the study is:

i. To study the Anchor Borrowers Programme in the Islamic perspective.

ii. To find out the participation of the Muslims in the anchor borrowing programme
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iii. To find out what limited the participation of the Muslims in anchor borrowing

programme

iv. To find out whether their reasons for not fully participating in the programme are valid in

the light of the teaching of Islam.

1. 5 SIGNIFICANCE OF THE STUDY

Anchor Borrowing Programme (ABP) is an important programme that designed to assist in

poverty eradication, reduce agricultural commodity importation and conserve external reserves,

create new generation of farmers/entrepreneurs and employment, reduce the level of poverty

among small holder farmers, assist rural small holder farmers to grow from subsistence to

commercial production levels. This study will be beneficial to Islamic scholars and researchers

who are interested in the relevance of Anchor Borrower's Program in the Muslim Society. The

research will inform government in formulating policy that involves borrowing and Muslims are

stakeholders. It will also inform the lending banks in creating lending policies. Among Muslim

population.

1. 6 SCOPE AND DELIMITATION OF THE STUDY

This study will be limited to the Islamic economic system especially the issues of

borrowing/lending, Musharakah and Mudarabah and the Anchor Borrowers Programme of the

Federal Government of Nigeria. The study will cover Bauchi in the North -East and Jigawa in

the North – West of the country. Participant shall be limited to farmers and Bank officials.

1. 7. 0 CONCEPTUAL FRAMEWORK

The major variables as contained in the title of this work were carefully defined and reflected the

true meaning of this study. Conceptual meaning of each variable was discussed under a separate

sub-heading and each sub-heading and each sub-heading is linked to subsequent heading.
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1. 7 . 1. Islamic Economic System

Al-Sadr define Islamic economic as “the way Islam prefers to follow in the pursuit of its

economic life and in the solution of its practical economic problems in line with its concept of

justice.” (6). Hasanuzzaman 49 - 50 says “Islamic economics is the knowledge and application of

injunctions and rules of the sharia’ ah (Divine Islamic law) that prevents injustice in the

acquisition and disposal of material resources in order to provide satisfaction of human beings

and enable them to perform their obligations to Allah and the society” al-Arabi is of the opinion

that “Islamic economics is a set of principles derived from the Qur’an and Sunnah and constructs

the economics based on those principles according to times and places. Taskhiri “Islamic

economics is a way which Islam prescribes for individual and social behavior in the economic

field and examines Islam’s rules in this area.” (120). Hasan 40 asserted that “Islamic economics

is that aspect of Islam’s social doctrine which deals with problems of choice in the face of

uncertainty and resource scarcity to promote falāh in a holistic framework.” Attia 224 “Islamic

economics is an economy that governs a society which is ordered in accordance with Islamic

teachings; the institutions of such a society operate based on true Islamic principles, while its

individual members believe in Islamic values and, in their daily lives, tread the straight Islamic

path”. Khan define Islamic economic as "aims at the study of human falah achieved by

organizing the resources of the earth on the basis of cooperation and participation". (33)

1. 7. 2 The Anchor Borrower Programme

This refers to large-scale integrated processors who have entered into an agreement with the

Small Holder Farmers to off-take the harvested produce at the agreed prices or as may be

reviewed by the Project Monitoring Team (PTM). State Governments may act as Anchor upon

meeting the prescribed conditions.


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The Central Bank of Nigeria (CBN) in line with its developmental function established

the Anchor Borrowers’ Programme (ABP). The Programme which was launched by President

Muhammadu Buhari (GCFR) on November 17, 2015 is intended to create a linkage between

anchor companies involved in the processing and small holder farmers (SHFs) of the required

key agricultural commodities. The programme thrust of the ABP is provision of farm inputs in

kind and cash (for farm labor) to small holder farmers to boost production of these commodities,

stabilize inputs supply to agro processors and address the country’s negative balance of

payments on food. At harvest, the SHF supplies his/her produce to the Agro-processor (Anchor)

who pays the cash equivalent to the farmer’s account.

The Programme evolved from the consultations with stakeholders comprising Federal

Ministry of Agriculture & Rural Development, State Governors, millers of agricultural produce,

and smallholder farmers to boost agricultural production and non-oil exports in the face of

unpredictable crude oil prices and its resultant effect on the revenue profile of Nigeria.

Anchor 2, stated that the broad objective of the ABP is to create economic linkage between

small holder farmers and reputable large-scale processors with a view to increasing agricultural

output and significantly improving capacity utilization of processors. Other objectives include:

i. Increase banks’ financing to the agricultural sector

ii. Reduce agricultural commodity importation and conserve external reserves

iii.Increase capacity utilization of agricultural firms

iv. Create new generation of farmers/entrepreneurs and employment

v. Deepen the cashless policy and financial inclusion

vi. Reduce the level of poverty among smallholder farmers


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vii. Assist rural small holder farmers to grow from subsistence to commercial

production levels.

1. 7. 3 Targeted Beneficiaries

Anchor 2 says “The loan shall be targeted at small holder farmers engaged in the production of

identified commodities across the country. The Farmers should be in groups/cooperative(s) of

between 5 and 20 for ease of administration.”

7. 7. 4 Identified Agricultural Commodities

The targeted commodities of comparative advantage to the State shall include but not limited to:

Cereals (Rice, Maize, wheat etc.), Cotton, Roots and Tubers (Cassava, Potatoes, Yam, Ginger

etc.), Sugarcane, Tree crops (Oil palm, Cocoa, Rubber etc.), Legumes (Soybean, Sesame seed,

Cowpea etc.), Tomato, Livestock (Fish, Poultry, Ruminants etc.) Any other commodity that will

be introduced by the CBN from time to time.

1. 7. 5 Eligible Participating Financial Institutions (PFIs)

The loan shall be disbursed through any of; Deposit Money Banks (DMBs) Development

Finance Institutions (DFIs), and Microfinance Banks (MFBs).

1. 7. 6 The Loan Amount

The Fund shall be provided from the N220 billion Micro, Small and Medium Enterprises

Development Fund (MSMEDF). Loan amount for each SHF shall be arrived upon from the

economics of production agreed with stakeholders.

1. 7. 7 Interest Rate

Interest rate under the ABP shall be guided by the rate on the N220 billion MSMEDF, which is

currently at 9% p.a (all inclusive, pre and post disbursement). The PFIs shall access at 2% from

the CBN and lend at a maximum of 9% p.a.


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1. 7. 8 Repayment

Loans granted to the SHFs shall be repaid with the harvested produce that shall be mandatorily

delivered to the Anchor at designated collection center in line with the provisions of the

Agreement signed. The produce to be delivered must cover the loan principal and interest.

1. 7. 9 Charging of interest rates higher than prescribed

(a) Reversal of excess interest charged.

(b) Penal charge at the maximum lending rate of the PFI

(c) Issuance of warning letter to the PFI

1. 7. 10 Capacity Building for the Farmers

A mandatory training programme shall apply for farmers that will participate under the ABP

covering; Farming as a business, improved agricultural practices, and Group management

dynamics. The cost of such training shall be borne by the participating anchor. However,

partnerships with Development Partners are encouraged on the training of the farmers.

Certificates issued at the end of the training shall constitute a requirement for farmers to access

credit facility in kind and cash under the programme.


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CHAPTER TWO
THEORETICAL FRAMEWORK AND LITERATURE REVIEW

This chapter is concerned with setting the theoretical frame work for the study as well as review

of related and relevant literature to the research.

2. 1 THEORETICAL FRAMEWORK

Allah the Almighty says:

O ye who believe! When ye deal with each other, in transactions involving future

obligations in a fixed period of time, reduced them in writing Let a scribe write down

faithfully as between the parties: let not the scribe refuse to write: as God Has taught him,

so let him write. Let him who incurs the liability dictate, but let him fear His Lord God,

And not diminish aught of what he owes. If the party liable in mentally deficient, or

weak, or unable Himself to dictate, let his guardian dictate faithfully. And get two

witnesses, out of your own men, and if there are not two men, then a man and two

women, such ye choose, for witnesses so that if one of them errs, the other can remind

her, the witnesses should not refuse when they are called on (for evidence). Disdain not

to reduce to writing (your contract) for a future period, whether it be small or big: it is
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juster in thre sight of God, more suitable as evidence, and more convenience to prevent

doubts among yourselves but if it be a transaction which ye carry out on the spot among

yourselves, there is no blame on you if ye reduce it not to writing. But take witnesses

whenever ye make a commercial contract; and let neither scribe nor witness suffer harm.

If ye do (such harm), it would be wickedness in you. So fear God; for it is God that

teaches you. And God is well acquainted with all things. Qur’an 2: 282.

“If ye are on a journey, and cannot find a scribe, a pledge with possession (may serve the

purpose) and if one of you deposits a thing on trust with another, let the trustee

(faithfully) discharge his trust, and let him fear his Lord. Conceal not evidence; for

whoever, conceals it his heartis tainted with sin. And God knoweth all that ye do” Qur’an

2:283

In light of the above verses, Imam Qurtubi has given the following assertions. Sa'Id

ibn al-Musayyab said, "I heard that the closest ayat in time in relation to the Ayat al-Kursl was

the Ayat of the Debt." Ibn 'Abbas said, "This ayat was revealed specifically about the salam

sale," meaning the fact that the people of Madina used the salam sale was the reason for the

revelation of the ayat. Our scholars define the salam sale as being a known sale on credit for

goods which are present for a known term. It must be known and anything unknown must be

avoided. For instance, in Madina at the time the Prophet came to them they used to give credit

and make a loan on the basis of the expected fruits of the date-palms, and the Prophet forbade

them to do that because of the uncertainty inherent in it, since the trees might not produce

anything. Salaf and Salam have the same meaning, however the term salaf be used for a loan

(qard). But it is agreed that the ayat applies to all debts.


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Ibn Khuwayzimandad said, "The ayat contains thirty rulings." Some of our scholars use

it as evidence for the permission to put a term on loans according to what Malik said, since there

is no difference between a loan and any other contract which involves debts. The Shafi'Is

disagree with that and say that the ayat does not contain permission for delay on all debts. The

command is for there to be witnesses if the debt has a set term.

The word "dayn" is the correct term for any transaction in which one person is owed

cash and the other is granted a delay. The word 'ayn refers to what is immediate and dayn refers

to what is absent.

Ibn al-Mundhir said that this indicates that a salam sale without a known term is not

permitted. The Sunna of the Messenger of Allah, may Allah bless him and grant him peace,

indicates something similar to the Book of Allah. It is confirmed that when the Messenger of

Allah came to Madina they used to give advances against fruit for two or three years ahead. The

Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever gives an advance

on dates, should give an advance for a known measure and known weight for a known term."

(Ibn 'Abbas in al-Bukhari and Muslim)

Ibn 'Umar said, "The people of the Jahiliyya used to sale meat to one another for the

offspring of a pregnant camel (habal al-habala). The Messenger of Allah, may Allah bless him

and grant him peace, forbade them to do that. All scholars agree that the permitted salam is when

a man gives an advance to his companion of known defined food with a known measure for a

known term in known dinars or dirhams and the transaction is made before they leave the place."

Our scholars say that the date set for when a salam becomes due can be the harvest, cutting of

the fruit, or the festivals of Nayruz or Mihrajan [New Year or the autumn equinox] since that is a

particular time.
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at-Tabari says that this means that you should call witnesses to both small and large

transactions. People disagree about whether that is obligatory or recommended. Abu Musa al-

Ash'ari, Ibn 'Umar, ad-Dahhak, Sa'id ibn al-Musayyab, Jabir ibn Zayd, Mujahid, Da'ud ibn 'Ali

and his son Abu Bakr say that it is obligatory. One of the strongest in respect of that position was

'Ata'. He said, "I call witnesses when I sale and buy for a dirham, or half a dirham, or a third or

less. Allah says, 'Call witnesses when you trade. ' " Ibrahim said, "I call witnesses when I sale

and buy, even for a bunch of onions. One of those who believed it to be obligatory and preferred

that was at-Tabari. He said, "It is not lawful for a Muslim to buy and sale without calling

witnesses. Otherwise he opposes the Book of Allah. If it is on credit, he must write it down and

have witnesses if a scribe is at hand."

ash-Sha'bl and al-Hasan believe that the ayat (verse) is just recommendation and

guidance and not a definite injunction. That is reported to be the position of Malik, ash-Shafi'i,

and the People of opinion. Ibn al-'Arabi claimed that this is the position of all and he said that it

is sound. No one related that it is mandatory except ad-Dahhak. He said, "The Prophet, may

Allah bless him and grant him peace, bought a slave and wrote: In the Name of Allah, the All-

Merciful, Most Merciful. This is what Muhammad, Messenger of Allah, has purchased from

al-'Adda' ibn Khalid, a sale from one Muslim to another, with no hidden defect, no taint and no

wickedness (ghar ila) [i.e. in the slave sold.].'" He also bought without witnesses and left his

armor in pawn to a Jew without witnesses being present. If having witnesses had been

mandatory, it would have been obligatory when leaving a pledge out of fear of dispute.

We mentioned the view of it being obligatory from other than ad-Dahhak, namely the

hadith of al-'Adda' in ad-Daraqutm and Abu Dawud. He became Muslim after the Conquest of

Makka and Hunayn. Al-Mahdawi, an-Nahhas and Makki report that some people say that "Call
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witnesses when you trade "was abrogated by" If you leave things on trust with one another.” He

reported from Abu Sa'id al-Khudri that the second ayat abrogated the one before it. An-Nahhas

said that this is the position of al-Hasan, al-Hakam, and 'Abdu'r-Rahman ibn Zayd. At-Tabari

disagrees and says that the second ayat refers to someone who cannot find a scribe. Neither

writer nor witness should be put under pressure. One meaning of this is that a scribe should not

write anything other than what has been dictated to him nor should the witness add to his

testimony nor decrease it. Al-Hasan, Qatada, Tawus, Ibn Zayd and others said that. It is related

from Ibn 'Abbas, Mujahid and 'Ata' that the ayat means that the scribe should not be prevented

from writing nor the witness from testifying.

Mujahid, ad-Dahhak, Tawus, and as-Suddi said - and the same thing is also related

from Ibn 'Abbas - that the ayat means that the witness should not be summoned to testify or the

scribe to write when they are busy and they should not be made to come when they have an

excuse nor should they be abused. They should not be told, "You have disobeyed Allah's

command!" or similar things so as to put them under pressure. Allah forbade this because, if it

was applied, it would distract them from their din and livelihood. If you do that, it is deviancy on

your part, If you do put them under pressure it is disobedience to Allah, as Sufyan ath-Thawri

said. The scribe and witness disobey by adding or decreasing. That is a type of prevarication

which harms property and people and invalidates their rights. Forcing the witness or scribe when

they are busy is also disobedience and incorrect behaviour since it is disobeying Allah's

command. Be fearful of Allah and Allah will give you knowledge.

2. 2 MUDARABAH OR QIRAD

Linguistically, both words, Mudarabah or Qirad are used to signify the same idea: Ahmad (66)

define the terms as:


26

to give somebody out of your capital a part to trade in, provided that the profit is shared

between both of you, or that an apportioned share of profit is allocated to him …

accordingly, the active partner is called Darib, because he is the one who travels and

trades. It is also possible that both capitalist and active partner are called Mudarib or

Muqarib as both share the profits with each other.

According to Islamic jurisprudence, Qirad is related that many companions of the

Prophet practice Qirad. Even the prophet acted as Muqarid before revelation.

“Despite the unanimity on the legitimacy of Qirad, there is nothing ascribed directly

(Marfu) to the prophet himself except what ibn Majah related on the authority of Suhaib who

said that the Prophet (SAW) said “three are blessed: differed sales, Muqaradah and mixing

wheat with barley for home use and not for sale.” In its lineage there are Nasr Ibn al-Qasim on

the authority of Abdal-Rahim ibn Dawud, both of them are unknown. Ibn Hazm stated in his

book ‘Maratib al-ijma’ that all chapters of fiqh have basis from the Holy Qur’an and the Sunnah,

except Qirad, for which we have found no similar basis whatsoever. Nevertheless, there is

genuine solid unanimity on it, and one can categorically say that it was practiced during the days

of the Prophet, who was aware of it and who approved it, otherwise it would not have been

legitimate.” (Ahmad 67).

2. 2.1 Subject of Qirad

According to “Zahiriyah, Qirad must comprise a contribution of cash money, which is the

capital. If the capitalist wants to give the active partner (Al-muqarid) goods instead of cash

money, he must specifically ask him to first sale these goods, and utilize the proceeds of sale in

his Qirad. Ibn Hazm claims that there is unanimity on this view. (Ahmad 67)
27

As a matter of fact, “all Hannafis do agree that the participation of the capitalist must be

in coins, while they disagree about the validity of the contract if this participation is in non-

minted silver and gold. As for giving goods as participation, they claim that this vitiates the

Qirad and makes it void”. (Ahmad 67)

Hambali and Shafi’I are of the opinion that participation must be by means of a definite

amount of minted coins, while the contract is vitiated if participation takes the shape of either

non-minted gold and silver or any other goods. Maliki are divided among themselves about the

validity of goods as capital for Qirad. Some agree and some object.

Ibn Qudamah, an eminent exponent, states that “Mudarabah is valid if the subscribed

capital is determined, whether it is in coined or precious metals or goods”. He supports his view

by the views of Abu-Bakr, Abu al-Khattab, Malik, ibn Abi Layla, Tawus, al-Azwa’I and Ibn Abi

Sulaiman. Those justify their opinion on the plea that “the main objective of Mudarabah which

is a sort of association, is that both parties dispose of both capital and labour and participate in

the profit earned by the partnership. Such profit-sharing takes place whether the capital is in

money or in goods”. (Ahmad 68)

2. 2. 2 Qirad Under The Present Banking System.

Let us assume that this experimental trial will take place in a modern Muslim country whose

money in circulation is the usual currency notes issued by its central bank, and that it has

commercial and other banks functioning in the manner habitually known in a free competitive

economy. Assuming that ‘A’ is a businessman who realized some profit which he decided not to

spend (either in consumption or investment) at the time as his plan is to use the money, say three

month later, to meet a certain liability. ‘A’ would then go to the bank (which would not

supposedly be allowed deal in interest either way) and ask what would the bank give him against
28

a deposit of his dinars for three months. The answer of the bank manager would probably be, ‘I

don’t know’ why don’t you come back next week and I will try to find somebody who would be

interested in getting this money to invest in his business and pay you a proportion of the profit”

I suppose that ‘A’ would not be very happy with such an answer. If ‘A’ inquires why

does not the bank invest it on its own risk, the answer would be: because commercial banks are

not allowed to go into business other than purely monetary operations. (we are assuming the

present banking system). Now, let us suppose that the bank has found an entrepreneur (B) who is

in need of 1000 dinars for three months and who is ready to pay “something” for getting the

money now. The problem would immediately reveal itself in something like the following:

i) If Qirad has to be applied, would the bank be a part of the contract or not? In other words,

would the bank accept the money and take the risk of Mudarabah? If yes, then the bank is

violating the banking law. If no, then the capitalist is supposed to negotiate directly with the

entrepreneur and the role of the bank is confined to introducing both parties to each other – a

non-banking function.

ii) if the bank is selling some investment certificates (and there are many capitalistic countries

who allow such activity) then it would advise ‘A’ to buy certificates today at the current price on

the market and liquidate the after three months at ‘A’s risk and peril.

Generally speaking, these certificates represents a portfolio which under the assumed

conditions- would bear no fixed interest and would be entirely invested in shares. It is extremely

rare to see companies distributing profits to shareholders every three months, and thus ‘A’ would

not really be entitled to any profit by buying the said certificates … on the other hand, he may

collect some capital gain when liquidating his position at the due date, but he may also suffer a

loss on his principal.


29

iii) If an arrangement-somehow-can be made through the bank by means of which ‘A’ can invest

his 1000 dinars in an active enterprise, there would be the difficulty of knowing the equitable

share of this additional temporary capital. To my mind, it is almost impossible to find a

satisfactory answer to this question, especially when the participation is for a short term. ‘A’ is

naturally interested to invest his money with a big reputable firm so as to minimize his risks and

inflate his profits. But such firms cannot calculate their profits every day as the production

procedures take longer periods than the time allowed by ‘A’. There is always a time lag between

the date a capital good is purchased and the date the final output is sold out. Over the above, it is

almost impossible that every time an investor contributes a certain sum to designate the fair share

of profits that sum has added to the net profits (if ever these profits can be ascertained in the

short term).

From the above, one can see that it is not practical – if ever possible – to marry Qirad

with the present banking system. Banks are not allowed to directly engage in commercial or

industrial operations or in any speculative transactions, while Qirad is based on engaging in all

such risky operations.

2. 2. 3 Qirad and Interest.

Let say that Qirad can take place whether banks are charging interest or not. Another clearly

important point is that Qirad by itself does not abrogate or interfere with the actual banking

system, nor is it an element that if encouraged to the extreme would by itself put an end to

interest dealings. “We have to bear in mind that Qirad is nothing more than a partnership which

cannot be instituted except by the free-will of the partners. Those who are advocating Qirad

proposed legal intervention to prohibit dealing in interest. The question is whether such legal
30

interdiction would really lead to the abolition of interest, even when banks are nationalized and

are prohibited to charge or pay interest?” (Ahmad 73)

According to Ahmad (73), I personnel very much doubt that for many obvious reasons.

First, let us presumed that, we are going to apply the prohibition of interest in the usual economic

system prevailing at present in the free competitive countries. In other ward, interest would be

prohibited while “other things being equal”. Money holders would most probably seek a “black

market” in which they would be able to lend money for a price or hidden interest built into the

repayment of the principal.

Secondly, let us presume that interest is legally prohibited, that savers of money find it

difficult to charge interest in defiance of the law, and that banks are provided with enough funds

to meet the demand for money. In such a hypothetical case, money holders would either spend

their ‘sterile’ liquid money on consumption or investment. In either case, Qirad would play an

insignificant role, or at the most, its role would not exceed by far what it was before introducing

the new system. Actually, there are increasing numbers of people who are going to the stock

exchange and shares as an investment instrument. ‘A’ share thus obtained is a participation by

capital in an enterprise where others undertake the productive work itself; it is a kind of

Mudarabah.

2. 2. 4 Profit Sharing (Mudarabah) or (Qirad)

Siddiqi (250) “Profit share is the percentage share of the supplier of capital in the profits of the

entrepreneur, or the working partner, in the mudarabah contract is compared and contrasted with

the rate of interest in its function and role in the economy. The rate of profit-sharing is also being

explored as a tool of analysis and a possible instrument of fiscal policy”.


31

Kahf defines Qirad (mudarabah) as “the act of transforming money assets into factors of

production as a result of a joint action between the two parties”. Two crucial differences between

profit-share and interest are stated. Firstly, “the profit-sharer has direct interest and real concern

in the activity of the firm”; second, “profit-share is a long run phenomenon in which the

preference for liquid assets is almost neglected, whereas interest is a dual phenomenon, short and

long run, for which the economic thought could not provide any serious theory to provide the

term structure. … in profit-share the short run changes do not interfere in the finance of

investment unless through their effect on the rate of return expectations only, so that one source

of long run fluantuations is eliminated, namely variation in short run interest rate” (612:62-63).

2. 3 MODERN THEORY OF INTEREST

While the main targets of attack have been the absolute conception of individual ownership

rights and the unrestrained nature of freedom of enterprise in capitalism and the cut-throat

competition, the inevitable rise of monopoly capitalism, exploitation of labour and emergency of

imperialism, the most criticism institution is interest which is regarded as the source of many

evils in the system. Siddiqi (237) note the criticism and rejection of the various theories which

seek to explain and justify interest. As follows:

Maududi (521) and Qureshi (526) are the earliest contributors in this field in which Mahmud

Ahmad (168), Abdouh (504; 505), Abu Saud and Nasser (154: 71-75) have also contributed.

Abstinence and waiting cannot entitle the capitalist to a reward unless it is proved that the

use of borrowed capital necessarily results in profits. In the same manner merely taking a risk

does not ensure augmentation of the capital risked. Productivity theory is without any proof as

value productivity of capital is subject to the uncertainty conditions of demand and supply.

Maududi finds Time Preference and Liquidity theories as partly valid in so far as an explanation
32

of interest in the modern economy is concerned. But an explanation does not amount to a

justification. An institution can be justified only with reference to its role in society and its useful

for mankind. Mawdudi examines this role and finds interest to be the cause of many ills in

society; economic and political as well as moral and spiritual.

Qureshi (526: 10 – 43) notes that there is no agreed theory of interest – a point

emphasized by several writers on the subject. He criticizes the classical theory of interest along

familiar lines. Rejecting the productivity theory as circular in its reasoning and the Time

Preference Theory as based on false psychological assumptions he finds the Monetary Theories

of interest in their neo-classical and Keynesian versions as less concerned with causes of

existence of interest than with how its rate is determined.

He quotes Keynes to establish the possibility and desirability of a zero rate of interest.

Mahmud (168) and Farid (514) cite Harrods to establish the same point. Siddiqi (158: 113-114)

quotes shackle to belittle the role of interest and underline its “paradoxical nature”.

In his brilliant essay on ‘Semantics of the Theory of interest’ Mahmud (628) notes the

confusion that is found in economic literature between the terms profit and interest. He gives

numerous excerpts from Smith, Ricardo, Say, Malthus, Sismondi, Marshall, Fisher and even

Bhom Bawerk in this context. He distinguishes between the entirely different economics roles

played by loan capital and risk capital. Defining capital as “that part of wealth which is used to

create further wealth” he notes that “risk capital is that variety of capital which agrees to relate

its reward for its service of participation in the productive process to the measure of value that its

participation creates” (628: 179) but “loan capital dictates its price of participation in the shape

of a fixed rate of interest. Its charge i.e. interest, is the first charge to be met out of the value of

our product…” (628:176). Loan capital for this reason imparts a peculiar rigidity to the entire
33

range of economic consideration, risk capital, on the other hand, projects a peculiar flexibility to

the enterprises concerned.

Loan capital by virtue of its interest, sets a limit to the marginal efficiency of productive

effort, risk capital imposes no such limit and leaves it free to exploit all natural resources and

employ all available manpower” 628: 176). He regards interest to be the “primary cause, with

certain secondary causes which are themselves, reflex projection of this primary cause, which

virtually perpetuates underemployment equilibrium”. Interest raises prices, profits and rents

(628: 182-187). Mahmud examines the arguments in justification of interest by analogy with rent

and hire and finds them faulty. As to rent he notes that land is essentially productive whereas

money capital is not: “Money without labour will not produce anything at all … . land even

without labour will produce something, it may be only grass to graze cattle on or bushes to

provide fuel” (628:185).

In case of hire: “when there is loss by mischance or miscalculation, in the case of a hired

item, it is the lender who suffers the loss; whereas in the case of money loan, every loss, whether

by mischance, miscalculation or any other reason has to be borne by the borrower”. He castigates

Marshall for having invoked this false analogy between hire price and interest.

He concludes that interest is neither of the nature of profit nor of the nature of rent and

hire. Mahmud discusses the nature and purpose of savings and finds the claim that advancing

savings as loan is equivalent to foregoing a need or that it involves a sacrifice, to be a false claim

with no basis in reality (628: 191 - 192).

2. 4 SALES (BAY’ I)

Arfa defined sale as a “contract by which one party transfers to the other proprietary rights in a

thing for a price; these proprietary rights being other than mere use or enjoyment.” (157)
34

In a more strict sense, According to Khan (65) “a sale is a commutative contract, of

which one equivalent consists in ready money and the other in some certain object which is not

currency.” A sale (Bay’i) necessarily involves three elements: an agreement; the parties to the

agreement; the object of sale, that is, the thing sold and the price.

Doi viewed sale (Bay’i) as the “delivery of a definite object which possesses legal value

in exchange for something equivalent in value (called the price).” The concept of sale also

includes barter (i.e. exchange of one thing for the other of equivalent value) although there are a

number of limitations on this. Price may be paid immediately on delivery of goods sold, or it

may be paid after delivery of goods bought has been made, or goods may be delivered

immediately and the price as well as delivery of goods. (358)

The seller (Mushtari) and the buyer (bay’i) are referred to by one generic name al-‘aqid. The

Aqid must possess the following qualifications:

1. He must be a mumayyiz, i.e. he must be able to understand the implications of the

contract of sale. Thus an insane person or a minor who does not understand the

implications of the contract of sale will not be a mumayyiz. However, according to all the

schools (except Shafi’i) of Islamic jurisprudence if a minor is mumayyiz the contract is

valid.

2. He must be capable of disposing of his property.

3. He must be free to use his own discretion (mukhtar) i.e. he must not be working under

coercion, undue influence, misrepresentation, fraud or mistake. (Doi 358)

2. 4. 1 The Form and Results of an Agreement for Sale (Bay’i)

According to Maliki School of Law there are three basic forms and results of an agreement for

sales which includes:


35

1. A sale (Bay’i) is made perfect by the mere consent of the parties, even though such

consent is tacit; as well as by the reciprocal delivery of the thing and the price. It may be

concluded either by a positive stipulation, ‘will you sell that to me?’ followed by an

affirmative answer, or by the acceptance of an offer of purchase or sale.

2. If one of the parties has used a conditional or future expression, such as ‘I will sell you

this’ or ‘I will buy this from you at so much,’ and then maintains that he did not intend to

bind himself, his sworn statement shall be resorted to; if he refuses to make oath the

contract remains obligatory.

3. The same distinction is to be made with regard to offers of sale or purchase made in a

public market. (Ruxton 157)

2. 5 BAUCHI STATE AGRICULTURAL DEVELOPMENT PROJECT (LOAN 1981-UNI)

2. 5. 1 Objectives

1. The Bauchi State Agricultural Development Project (BSADP) was the third of the four State

wide agricultural development projects financed by the World Bank between 1981 and 1984 to

support food production in northern Nigeria, many parts of which have low and unreliable

rainfall.

2. BSADP had two primary objectives: (a) to increase food production and farm incomes of

some 280,000 farm families; and (b) to alleviate the State's shortage of trained and experienced

personnel for agricultural development.

3. The project included several components targeted at increasing agricultural and livestock

production; improving economic and social infrastructure and enhancing institutional capacity.

4. The agricultural production component included activities to increase the production of cereals

(millet, sorghum, maize and rice), groundnut and cowpea, a pilot sub-project in the Northern
36

Zone to improve 'fadama' small-scale irrigation agriculture, and a livestock scheme for cattle

fattening and training of draft animals. Activities designed to achieve output increases included

an applied research program; dissemination of technical packages for improved cultivation

practices through a Training and Visit (T&V) system of extension; establishment of Bauchi State

Agricultural Services Company (BASAC) for timely and adequate supply of inputs;

strengthening of the Cooperative Financing Agency (CFA) to facilitate adequate crop production

credit; ana the establishment of a farm management advisory service to assist the more advanced

farmers.

5. The major activities intended for improving the economic and social infrastructure were the

establishment of a network of rural feeder roads and the provision of village water supplies.

Other activities included improved land-use planning/soil conservation measures, establishment

of farm development centers and facilities for staff training, staff housing, offices and

workshops.

6. Strengthening of institutional capacity was to be achieved through activities that included the

establishment of BASAC, support to CFA, integration of local governments into project activity

and proving of technical assistance for improving managerial and training components of the

project.

2. 5. 2 Implementation Experience

The delayed and slow implementation of the project resulted in the extension of the project by

three years. In spite of the extension of project life, total real expenditures amounted to only

US$235.6 million while the planned total cost was US$350.6 million. The Bank disbursed

US$130.7 million (99 percent of its commitment), representing 55 percent of the actual total

cost, although the Bank's planned share was 37 percent.


37

While the total contributions by FGN and BSG were close to or exceeded the targeted

amounts in naira terms, these were we short of the expected levels in dollar values. The major

factor contributing to the lower level of total expenditures relative to the expected dollar

equivalent amount was the sharp decline in the Naira value (from US$1.00 - Naira 0.55 in 1981

to US$1.00 - Naira 8.00 in 1990). FGN and BSG counterpart funding was consequently much

lower reflecting an inability to enlarge their revenue base and/or trim low-priority expenditures.

The growth in the public expenditures in the agricultural sector was also slow during this period

reflecting, perhaps, a lower commitment to the sector.

Project implementation was also adversely affected by FGN fertilizer policy which allowed

monopoly distribution rights to the public sector. Fertilizer supplies were marked by scarcities

and other inefficiencies. The observed performance on the demand side indicates that larger

agricultural production benefits could have been derived if fertilizer supplies had been orderly

and adequate.

The key implementation agencies required for the project were established but unfortunately

the associated main policy-making bodies BSARDC and BSADDTC - were not very effective.

The integration of the ADP into BASIRDA, led to conflicts of interest over priorities and use of

resources since BASIRDA undertook a very wide range of activities.

Project implementation was most successful in the area of infrastructure development. The

project did not implement the component related to livestock development as it was expected

that the newly formed National Livestock Project Department would undertake that activity.

Project Results

The project was able to reach the expected proportion of the total farm families through its

extension activities using a lower-than expected number of agricultural extension personnel.


38

According to project data on crop production, the output of all the crops except sorghum

registered an upward trend during the project period. The impact of new technology and the

extension service on crop yields cannot, however, be accurately ascertained because of data

problems.

The project reached or exceeded the SAR targets for fadama small-scale irrigation

development (reaching 400 percent of t3rget), construction of rural f5eder road and the

establishment of village water supplies. In the area of institutional development, an efficient

project organization was put in place, as envisaged in the project design, but this later was

integrated with by an over-ambitious program managed by, BASIRDA, a new parastatal. The

CPA was successful in extending production credit and had a good loan recovery record.

The economic rate of return (ERR) estimated for: the agricultural components at appraisal

were 18 percent. At project completion, data available is insufficient to carry out a meaningful

assessment of project impact on the financial returns for producers.

2. 5. 3 Sustainability

BSADP is now an established institution in the agriculture sector; it has been accepted by the

Bauchi State Government as the implementing arm of the State Ministry of Agriculture, an

endorsement that enhances sustainability. The following actions taken by the ADP augur well for

project sustainability:

(a) the establishment of a program of on-farm adaptive research with strong linkages between the

national research institutes and the extension services emphasizing farming systems research;

(b) the unification and strengthening of agricultural extension services for more effective

coverage of smallholders and to improve cost effectiveness;


39

(c) the increased dependence on the private sector for retail sales of inputs through

encouragement of private traders and farmers' cooperatives and on progressive withdrawal of

BASAC; and

(d) the assistance of BSADP to local governments to develop the capacity for routine

maintenance of rural infrastructure while emphasizing increased use of private sector capacity

for rehabilitation, new construction and periodic major maintenance.

The State Government has made BSADP a part of BASIRDA, which, although a more

permanent institution, has too wide a span of activities which could strain both managerial and

financial resources. BASIRDA should review whether it should continue to be involved in rural

electrification, community development and construction of health facilities.

The sustainability of the maintenance of infrastructural facilities--feeder roads and water

supply--will continue to depend on the availability of adequate maintenance funds which can

hardly be guaranteed un0er the present financial situation of FGN and BSG. There is a need to

seriously explore the introduction of user fees to at least meet part of the expense.

2. 5. 4 Findings and Lessons Learned

The main lessons which could be relevant to the Bank and the Borrower are:

(a) experience has shown that complex multi-component projects are difficult to implement and

it may be desirable to have projects with fewer components;

(b) risks of insufficient counterpart funding need to be assessed more carefully at time of project

preparation or at least at appraisal;

(c) public sector participation in input distribution, particularly in fertilizer distribution, should

be avoided; the Bank, thus, should not finance state-owned commercial companies and should

instead emphasize the role of the private sector;


40

(d) strategies for technology development and dissemination need to give serious consideration

to on-going farming practices, farmer objectives and agro-ecological conditions; additionally, the

scale and scope of projects involving technology development and dissemination need to make

allowance for the relatively long time and resources required to yield results; further, technology

promotion cannot function independently of pricing policies as demonstrated in the case of

maize where cheap fertilizers favored production at the expense of the less fertilizer-responsive

sorghum - a result not envisaged in the SAR; and

(e) as a measure of progress evaluation and control, project documents such as SAR should

include key indicators and targets to be achieved not only at project completion but also at

different stages of project implementation

2. 5. 5 Bank Performance

The Bank had an intensive involvement throughout the project cycle. The Bank monitoring was

extended over the project period, with a total staff input of 241 man-days in the field for a total

of 13 supervision missions. In addition, after 1988 key components such as On-Farm Adaptive

Research, Extension, Rural Infrastructure and Commercial Services were each supervised by a

specialist group visiting for an intensive review of each component of the ongoing ADPs.

2. 5. 6 Borrower's Performance

Borrower's performance, though satisfactory in general, was marked by frequent delays in the

fulfillment of the conditions stipulated in the loan agreement, particularly in the areas of

providing adequate counterpart funding and recruitment of personnel. Part of the inadequacies

was the impact of, initially, falling petroleum prices and, subsequently, economic reforms on the

Federal and State government budgets. However, the Borrower was supportive of supervision

missions and open to suggestions for improvement.


41

2. 6 LITERATURE REVIEW

The research employs thematic method of literature review. This form of literature review allows

the researcher to discuss authors’ ideas round themes which are broken down into topics.

This chapter is review of some available literature on the Loan and Debt, borrowing and

Interest in Islam.

2. 6. 1 Loan and Debts

Anonymous discussed different ways through which funds could be raised to meet

individuals and organizations needs and funding requirements. Raising loans is one of the

various ways these requirements can be fulfilled. In the terminology of Islamic framework,

Qard and Dayn relate to the giving or taking of loans. However, the word Dayn has a

broader connotation than the word Qard.

“Dayn incurs in any way which leaves a debt as a liability to another party to be paid

later without any profit over the principal amounts” (Humayoun 2). Whereas, “ Qard could

be defined as an interest-free loan for needy borrowers extended on a goodwill basis; in

particular Qard al Hasan provides funds for humanitarian and welfare purposes without any

profit accruing to the lender.  In fact, Qard consists on giving ownership of anything having

value for the benefit of another by way of virtue”. (Ahmad 84)

The ownership of the loaned objects is transferred to the borrower who can use, buy,

sell, or donate them as the borrower wishes. Qard is only applied when one gets obliged to

return the equivalent of the thing taken and repayment is for the same amount as the amount

lent. Goods of the same kind will be paid back on demand or at the settled time. Qard
42

should not bring any return or addition to the lender because that would be equivalent to

taking Riba.

However, a borrower can pay more than the amount borrowed, but it must not be

stipulated in the contract. Further, the date of payment of the loan may or may not be

included in the Qard contract as the lender can demand repayment at any time. And the loan

should not be conditional upon any other contract, such as Bay´ and vice-versa. 

Ariyya is another structure of borrowing goods in a virtuous act. However, in the

case of Ariyya, the exact borrowed commodity has to be returned to its owner, not any

replacement. While in Qard, the same kind of the loaned commodity with essentially the

same nature or character could be paid back. 

On the other hand, a Dayn is the result of any contract or credit transaction. The

created debts ought to be returned without any profit over their principal amounts. Salaf is a

form of Dayn that is similar to Salam. It is used for a loan of fixed tenure and in that sense it

is closer to Dayn; Salaf includes loans for short, intermediate and long term loans and the

price of the commodity is paid in advance, while it is delivered at a future date. The amount

given as Salaf cannot be called back before its due date. Therefore, this creates a liability for

the seller to supply the commodity in the future. 

In addition, in all credit transactions, Islam recommends witnesses and

documentation. This provides safeguards against disputes and allows credit transactions for

a fixed or known time period. And since Islamic banks can neither pay interest nor charge

any return on loans, they have the right to ask for collateral to ensure recovery of the loan

amount. In fact, the client cannot refuse to repay the loan or debt in case he has incurred

loss in the business conducted with the bank’s loan. Also, The Shari´ah puts a great deal of
43

emphasis on repayment of loans/debts and the borrower also has a moral obligation to repay

a loan. For that reason, banks can include, with mutual consent of the clients, a penalty

clause in the credit contract to mitigate the risk of default, but the penalty charged on any

default has to go to charity. 

With regard to a possible rebate that could be given to the debtor for repaying the

loan earlier than the due date, the Shari´ah considers that as a reduction of interest in the

financing costs arising from prepayment of the amount that would be stipulated in a

contract. And, there is unanimity about the illegality of remitting a part of the debt payable

by anyone and getting the remaining part. However, Muslim jurists have differentiated

between loans or debts that have become due or can be called back at any time ( Duyoon

Haalah), and loans where time of payment settled between the creditor and the debtor and

the debt is not yet due (Duyun Mu’ajjalah). Duyoon Haalah is allowed by almost all Muslim

jurists on the rationale that in such loans, delay is not the right of the debtor. In fact, rebate

should neither be provided in the agreement nor be made a condition in the loan contract. In

opposition, remission of a part of a debt not yet due involves Riba.

2. 6. 2 Responsibilities of Debtors and Creditors

The fulfillment of one's obligation under all contracts is a religious duty in Islam.

Therefore, the Shari’ah defines specific rights and responsibilities of debtors and creditors.

The most important duty of the debtor is to repay the loan in fulfillment of the promise or

contract made with the creditor” (Ruxton 34). God’s punishment will be severe to the

borrower whose intention is to blemish or to usurp the loan. And the main duty of the

creditor is not charge interest on the principal amount of the loan because those who charge

Riba are compared in Qur’an to those controlled by the devil's influence.


44

In fact, Islamic teachings stress that a borrower, when accepting loans, must be

firmly determined to make repayment. “The debtor should not only pay the debt in time, but

also express gratitude to the creditor while repaying the borrowed amount. And if the debtor

refuses to pay even though he has the means, he would be a perpetrator of injustice who

exposes himself to possible punishment. In fact, in Shari´ah, if a debtor default willfully, he

can be arrested, punished and dealt with harshly”. (Ruxton 37)

In addition, Islam condemns the person who delays the payment of his debts without

a valid cause. He could be admonished, disgraced or even jailed and if necessary could be

disposed of his asset to pay the debt. A monetary fine, on the other hand, wouldn’t be a

lawful option, since this would amount to a monetary penalty for delayed payment, which is

Riba. However, Islam makes a distinction between debtors who default by procrastination

and those who default by necessity. The Qur'an recommends that the latter deserves

compassion and is to be given respite until he is able to pay. In extreme circumstances,

creditors are exhorted to forgive the debt, which can be counted towards obligatory Zakat or

as a donation.

However, Islamic jurists see no harm if it is agreed between the parties that some

indirect benefits do not involve any cost for the borrower. For example, debt could be paid

in the form of cheques and drafts or in some other currencies if it is in the interest of both

the parties.

In the case of a debt with a settlement date, the creditor is not entitled to ask for

earlier repayment, so long as the debtor does not transgress the terms and conditions. But, if

the creditor is not disposed to give more time for repayment, he cannot be compelled to do
45

so and the debtor would then be liable to repay the debt at the falling due from whatever he

has beyond his basic needs. 

In addition, Shari´ah allows creditors to ask for collateral to ensure recovery of the

amount in the case of failure by borrowers to fulfill their obligation for the repayment of the

debt. The subject of the sale could be the subject of a pledge made to the extent of the debt.

In fact, a pledge is permissible in the Shari´ah, whether a person is on a journey or at home

and even between a Muslim and a non-Muslim. The ownership of the pledged goods

remains with the pledger, who takes on the risk of losing the pledged commodity while the

pledgee holds the goods on trust. Hence, if the pledged goods are lost without any fault of

the pledgee, the loss would be that of the debtor. And if the due debt is not paid, the pledgee

can apply to the court to have the pledged good sold and the debt recovered out of the sale.

2. 7 BORROWING FROM BANKS

Elgari stated that:

Human societies consist, always, of two categories of people. Those who own resources

in excess of their immediate needs, and those who need more than they possess now.

They realized, very early in the history of mankind, that an arrangement to transfer

resources form the first to the second will make society more efficient and enhance the

welfare of every one. With the invention of money, this fact became more obvious. (16).

At certain point’s temples and the clergy played an important role in the management of

such activity. “With the advent of the age of specialization and division of labor, this exercise

was institutionalized into an organization for financial intermediation i.e. banking establishment.

Being a private enterprise, this firm had to make money, therefore it adopted the form of

borrower-lender relationship, it borrows money from the first category (and pays interest) and
46

lends to the latter (receives interest)” (Elgari, 16). Islamic civilization reached its highest point in

the late middle age. Clearly commercial banking did not appear in Muslim societies although it

was known in some parts of Europe since the 13thCentury. Reason is twofold:

(a) On the one hand, the prohibition of riba meant that no borrower-lender relationship can be

used as an income generating activity, which meant the European model of banking is

conceivable in an Islamic society.

(b) Conventional banking superior aspect is the fact that lender-borrower relationship reduces

moral hazard, because it mitigates agency problems by separating the reward of the financier and

repayment of his principal from the actual performance of the investor and his moral learning.

(c) On the other hand, Muslim did not have different arrangements procuring the same objective,

financial intermediation based on the tenets of Islamic shariah and this is where the ethical and

moral aspects are most visible. One can, generally, say that money in the Islamic economic

system can move from one individual to another for the purpose of charity and altruistic

purposes, or for profit and gain in trade.

What is interesting here is that borrowing and lending relationships can only be allowed

as part of the first category. Investment and profit generating activities can only be financed via

partnership and profit-loss sharing arrangements. Sharia provides many forms of contractual

relationships that meet the standard requirements of the market. They cover cases where one

party provides finance only and the other provides management and labor, or where many

partners participate in capital, etc. for temporary one deal or long term arrangement. Sharia

presents very refined orders and elaborates system of profit and loss sharing, rules of

establishment, work ethics, management and termination of such contracts.


47

This resulted in an important attribute of the economy in Muslim societies that there is no

dichotomy between real and financial activities, no two-sector economy but only one. Important

consequences and ethical characteristic grew from this feature:

(a) Most important is a more equitable income distribution because economic activities

are not financed by “borrowing” capital, but by participation of owners of capital in profit and

loss. In capitalist economic system, providers of money receive a fixed return in the form of

interest. If the economy is prospering and high rates of profits are been made by investors,

owners of capital will not share in the fortunes of this investment. Income distribution will be

biased against owners of capital. In case of depression, when lower rates of profits are all the

income of investors, hence an inequitable income distribution. No such thing will take place if

profits and losses are shared by all participants in investment.

(b) Not only that more equitable distribution will take place in the short run, a more

stable economy will be the result in the long run. Because loss is being shared by providers of

finance and not of entrepreneurs, the real sector will be able to resist recession and lower

employment rates and get out of them quickly. This is because a lower rate of profit will not

wipe out all the income of the enterprise nor discourage new entrepreneurs from entering the

market. On the other hand, high rates of profit not mean inflation because a larger portion of

which (and not only a fixed rate) will be channeled to providers of finance (savers) away from

investment and into consumption.

(c) May be the most important of the inequitable distribution which results from

conventional banking is the fact that banks can only lend to the rich because they always ask for

collateral and guarantees. Even if one is highly qualified, chances are that he will not get

financed by banks unless he is wealthy enough to satisfy their requirements. This clearly means
48

that credit is being circulated within a narrow group in the society perpetuating the inequitable

distribution and reinforcing it. Because it is based on profit and loss sharing not ending, banks

will be more interested in those who can generate profit, because members of the middle and

lower classes of society will not be neglected or shunned just because they can’t provide

collateral, because nobody is required to do that in a participating system. The author discussed

about borrowing from the bank alone without touching anchor borrowing system which that

created a vacuum that need to be fill. This vacuum is what gives birth to this research.

2. 8 PUBLIC BORROWING BY THE PROPHET (SAW)

The Prophet (SAW) is known to be a frequent borrower in his private capacity at least in the

difficult early years in Madina, but reports relating to these borrowings do not concern in this

study. We have noted only those cases where the Prophet (SAW) borrowed as the leader of all

Muslims and the head of the state he established at Madina. “It is not at all difficult to distinguish

between the Prophet's personal borrowing and his borrowing for public purposes since the texts

themselves facilitate such a distinction” (Siddiqi 3).

Our search has so far led us to six cases of public borrowing by the Prophet (SAW) which are

reported below. A possible seventh case will also be noted in the end.

1. First is a report by Bilal, a life-long companion of the Prophet (SAW) who spent his time

mostly near him since the early Makkan period till the Prophet (SAW) breathed his last in

Madina. This report that the Prophet (SAW) used to borrow frequently in order to help needy

Muslims whenever the circumstances called for doing so. Though these borrowing would be for

comparatively small amounts, in cash or kind, the borrowing was undertaken even when no

means of repayment were in sight.


49

"It is reported of Zaid that he heard Abu Salman saying that Abdullah al-Hawzani told him

`I met Bilal, who used to give call for prayers for the Messenger of Allah (SAW) at Halab. I

asked him to narrate about the expenditures of the Messenger of Allah (SAW). He said: `He did

not have anything (to spend). I used to look after it on his behalf ever since Allah called him to

prophet hood till his death.

It was his practice that when a man came to him as a Muslim and he saw him in need of

clothes he would order me and I would go and borrow and buy a cloak for him, clothe him and

feed him. This continued till a person from amongst the polytheists accosted me and said: `O

Bilal, I have enough resources so you do not need to borrow from anyone other than me'. I did

accordingly. (Abu-Dawud 3055)

One day it so happened that, as I made ablution and rose to give the call for prayer, that

polytheist came along accompanied by a group of traders. When he saw me he called, O

Abyssinian! I said, yes. He presented a grim face to me and addressed me harshly, saying: `Do

you know how many days are left between you and the (end of the) month (when repayment is

due)'? Bilal says, `I told him it is near'. He said, `it is only four days between you and it, after

which I will capture you against what you owe and return you to grazing sheep as you used to do

before'. I felt what people feel (on hearing such a threat). When I had prayed the night prayer (i.e.

isha’i_) and the Prophet (SAW) retired to his family, I sought permission to see him. He

admitted me in. I said `O Messenger of Allah, you are dearer to me than my father and mother,

the polytheist from whom I used to borrow has said this and that, and you do not have the means

to repay him, nor do have I. He is going to humiliate me. Please permit me to abscond to one of

these tribes (outside Madina) who have accepted Islam till such time as Allah provides to His

Messenger, from out of which provision he can pay back the loan. I came out (of the Prophet's
50

place) till I reached my home and put in readiness my sword, socks, shoes and shield at the head

of my bed. When the first lights of dawn appeared on the horizon I got ready to go. Suddenly I

heard a man calling. O Bilal! you are to report (immediately) to the Messenger of Allah (SAW).

I set off till I came to him. What I saw there were four camels resting with their loads. I sought

permission to see the Prophet (SAW). The Messenger of Allah (SAW) told me `cheer up, Allah

has sent what you can pay back your loan with! Then he asked `Did you not notice the four

camels in rest'? I said, `I did'. He said, "you have the camels as well as their loads. They are

laden with clothes and food which have been presented to me by the chieftain of Fidak. Take

possession of them and pay off your debt. I did accordingly ......." (Abu Dawud)

This incident should belong to the sixth year after the hijrah, or the period after that, since

Fidak was subdued during that period. The one important point emerging from this report is the

primary attached to need fulfillment. It was regarded by the Prophet (SAW) to be a purpose

important enough to borrow even from non-Muslims and without any definite means of

repayment in sight.

2. The second report is not explicit as to the purpose of borrowing but there are clear indications

of the loan being repaid out of public treasury. This presumes borrowing for some public

purpose. As the details in the Arabic text reveal, the report reproduced below is part of the story

of a Jewish person in Madina embracing Islam. This person to whom the Prophet (SAW) owed

(a quantity of dates, most probably) wanted to test the Prophet (SAW) for the quality of self-

control and forbearance. Hence his peculiar behaviour: "....... Zaid bin Si'na said: `when the due

date of the loan was only two or three days away, the Prophet (SAW) came to attend the funeral

procession of a man from the Ansar, accompanied by Abu Bakr, ‘Umar, Usman and some other

Companions. When, after saying the funeral prayers, he came near a wall to sit by it, I came to
51

him and gave him a very hard look. I took hold of his shirt and the outer robe and said, "Pay up

to me, O Muhammad! By God what I know about default on part of your children of Bad al

Muttalib is based on my direct contacts with you people!" Then I looked towards ‘Umar whose

eyes were moving in his face like the rotation of the heavenly bodies. He looked towards me and

said, `O Jew! you do this to the Messenger of Allah? By him Who sent him down with truth, I

would have struck your head with my sword but for what I fear to miss'. (Zaid) said, `the

Messenger of Allah (SAW) was calmly looking at ‘Umar and smiling. Then he said, `Myself and

he are in need of something else (from you), that you advise me to pay back gracefully and

advise him to ask for repayment politely. O ‘Umar go and pay back what is due to him and give

an additional twenty of dates against your threat to him. Then (Zaid, son of Si'na) n arrated how

he embraced Islam". (Baihaqi)

3. The third report is a case in which the borrowing by the Prophet (SAW) may have been for

private purposes. However, there is some likelihood of the debt having been incurred to meet

some public need. Abu Saeed al Khudhri reported that a bedouin came to the Prophet (SAW)

asking for repayment of a debt owed by him. He behaved rudely and said: "I will continue

insisting till you paid up". Thereupon the Companions scolded him and said: "woe to you, do

you know whom you are addressing". He said, "I am only claiming my rights". The Prophet

(SAW) said: "why did not you side with him who had the rightful claim"? Then he sent a

message to Khawla, daughter of Qais, that if she had some dates she should lend it to him till his

own dates arrived out of which he could pay back to her. She responded by saying: `yes, you are

dearer to me than my father, O Messenger of Allah!' (The narrator says) so she lent to him and he

paid up to the bedouin and presented some food to him. Thereupon he said: `you have fulfilled
52

your obligation, may Allah repay you well'. The Prophet (pbuh) then said: "these are the best of

the people.” (Ibn Majah 3326)

A community in which the weak cannot get his due right without trouble will not be regarded

as pure". The phrase `till our dates arrive' most probably refers to the annual share from Khaibar

out of which a fifth was earmarked for family of the Prophet (SAW) and the rest for other

beneficiaries. These shares would naturally be channeled through the public treasury. That the

dates lent by Khawla were to be repaid out of the dates coming from Khaibar leaves both

possibilities open: It could be paid out of the fifth assigned to the Prophet's family in which case

the loan would have been a private loan. Equally possible, it could have been paid out of the part

earmarked for other beneficiaries in which case the original debt must have been incurred in

order to meet urgent needs of the same beneficiaries. A significant point to be noted in the above

report is the practice of obtaining a loan in order to pay back an earlier one. As distinguished

from the first two cases, in this case the lender was a Muslim. The second lender whose lending

made possible the repayment to the first lender was also a Muslim.

4. The fourth case is a case of borrowing in kind. The object being a camel of a particular age.

Repayment was made from out of the camels collected in zakat. These rules out the possibility of

the loan being in the Prophet's personal capacity since he was barred from zakat. `Abu Rafi'

reports that “the Prophet (SAW) borrowed a small camel from a man. Then some camels from

out of those collected as zakat came to him and he asked Abu Rafi' to pay back the man the

camel (owed to him). Abu Rafi' came back and said he could find only better camels (older in

age) who had their four teeth grown. He (the Prophet) said, `give it to him. The best among

people are those who are good at paying back'” (Muslim 114)
53

As noted by Ibn Hajar al Asqalani while commenting upon a version of the same hadith in

Bukhari and Sahih, this debt was most probably incurred for helping somebody meet his basic

needs. The main point that emerges from this case is the propriety of borrowing for public

purposes when there is a definite source of revenue in sight. The Prophet (SAW) borrowed for

need fulfillment intending to repay from zakat to be realized in future.

5. In the fifth case to be reported the purpose of borrowing is to meet the requirements of jihad

─── war in the cause of Allah. This occurred on the eve of the battle of Hunain in the eighth

year after hijrah. "When the Messenger of Allah (SAW) decided to march up on Hawazin to

meet them (in battle) he was informed that Safwan bin Umayyad had coats of arms and other

weapons. He sent for him ─── still a polytheist ─── and said to him: "O Abu Umayyad lend us

your weapons so that we can face our enemy tomorrow with their help". Safwan asked, `O

Muhammad do you want to confiscate them?" He said, `No I want them temporarily with their

return guaranteed till we bring them to you.' He said, there is no harm in (doing) this. So he gave

him one hundred coats of arms with the accompanying weapons. They also claim that the

Messenger of Allah (SAW) requested him to transport them too, which he did.” (Ibn His ham)

In this case the Prophet (SAW) borrows in kind from a non-Muslim. No coercion is involved

nor is any kind of compensation. There is, however, a hint that the `purpose' itself concerns the

lender also.

6. The sixth case is that of borrowing a substantial sum of money from a Muslim individual for

financing a major battle. "Ismail son of Ibrahim son of Abdullah, son of Abu Rabi'ah Makhzumi

has reported to us from his father who reported about his grandfather that when the Prophet

(SAW) was to attack Hunayn he borrowed thirty or forty thousand from him. He repaid it when

he came back. Then the Prophet (SAW) told him: `May Allah bless you with prosperity in your
54

family and your property. The proper recompense for lending is repayment and gratitude'. (Ibn

Majah 3424)

In another version of this tradition recorded by Nasa'i, the amount of the loan is a definite

forty thousand. The same is true of Ahmad bin Hanbal in his Musnad. As regards the source of

payment, both versions mention money that accrued to the Prophet (SAW) subsequently. The

battle of Hunayn took place in the eighth year after hijrah immediately after the conquest of

Makkah. These were comparatively better days for state finances. The accrual of money referred

to in the tradition could have been from the spoils of war consequent to the victory at Hunayn.

The above is clear case of borrowing for defense purposes. It is also evident that the sum paid

back equaled the sum borrowed and no extra payment were involved.

7. The last case is that of Abbas, the Prophet's uncle, paying a year's zakat in advance, along with

that of the current year. Since this was presumably done at the request of the Prophet (SAW), it

has been construed as a kind of borrowing. The Prophet (SAW) significantly used the word

aslafa for the act, a word normally used for lending. Ibn Abbas is reported to have said that “the

Messenger of Allah (SAW) sent ‘Umar as collector of zakat. He (Ibn Abbas) says, Abbas was

rude to him so he came to Prophet (SAW) and informed him. He (Ibn Abbas) says, and then the

Messenger of Allah (SAW) told him: `Abbas has advanced to us their year's zakat of his wealth

as well as that of the coming year”. (al-Darulqudni)

In summary, the following can be noted. “The Prophet (SAW) borrowed both in cash and

kind, in small amounts as well as large, from Muslims as well as non-Muslims, from men as well

as women. The purpose of borrowing was need fulfillment or defense/jihad. But he also

borrowed to pay off more urgent debts. No coercion was involved in his borrowing. Nor did it

stipulate repaying more than what was received as loan.” (Siddiqi 8).
55

He borrowed when he did not possess, in cash or kind, what could meet the purpose in

view. He borrowed in anticipation of future income from which repayment could be made, but

he also borrowed when no definite future income was in sight. He always repaid the debts he

incurred. To put the above in proper perspective it should be noted that the usual sources of

revenue for meeting public expenditure during Prophet's time were the following:-

a) Zakat (including ushr) which gradually grew in volume after the second year after

hijrah when it was introduced.

b) Fai, including the product share from Khaibar which was a steady source of revenue.

c) Spoils of war out of which a share accrued to the public treasury.

d) Voluntary donations, often in response to appeal from the Prophet (SAW).

The first three sources brought nothing during the first year of the Prophet (SAW) in

Madina; hence exclusive reliance must have been placed on the last. In the light of available

reports, revenue from all these sources was meager till year seven when Khaibar was subdued.

Some cases of small borrowing for need fulfillment seem to belong to this period. But, as we

have noted above, the two cases of big borrowing (case 5 and 6) belong to the post-Khaibar

period and relate to defense purposes.

These records of Prophet's borrowing for public purposes do not mention any attempt by

him to appeal for donations before resorting to borrowing, though a lack of report to this effect

does not eliminate the possibility. However, From all the above mentioned borrowing pattern of

the Prophet (SAW), Anchor borrowing programme was not discuss, which created a vacuum that

need to be filled.

2. 8. 1 Public Borrowing In The Period After The Prophet (SAW)


56

There is no clear indication that, borrowing took place during caliphs as it was said by Siddiqi

(10) “We could not find a single instance of public borrowing during the reign of the Khulafa'

Rashidun (Caliphs), i.e. years 11-40 A.H. This is not surprising as revenues from zakat including

ushr, fai including kharaj, as well as spoils of war were steadily rising throughout this period”.

These revenues would have been sufficient to meet all public expenditure including need

fulfillment and jihad/defense. Something similar applies to the next hundred years of Umayyad

rule (41-132 A.H./661-749 A.D). We could not find any instance of state borrowing at the level

of the central administration. However, there are reports from the provinces of army

commanders borrowing to equip their forces or governors borrowing to pay a salaries/pensions

on time, or in order to provide famine-relief. Four specific cases may be noted.

1. In the first case, an army commander borrows from traders to buy provisions for a twelve

thousand strong army. He pays them back after some weeks. The incident belongs, probably, to

the year 65 A.H./684 A.D. The commander concerned is a tabi'i (i.e. one who has met a

companion of the Prophet (pbuh) Muhallab bin Abu Sufra, who died in the year 83 A.H. He was

asked by the governorate to Basra to take care of the kharijji rebellion which dominated Persia

and threatened parts of Iraq. "They took stock of the public treasury and discovered that it had

only two hundred thousand dirhams. This was insufficient. Muhallab then sent for the traders and

told them: For a whole year your business is depressed because the supplies from Ahwaz and

Persia have been cut off from you. Let us have some transactions. Then you come with me and I

will, God willing, fulfill all my obligations toward you. They sold to him and he took whatever

he needed to equip his army and to provide for it .......". (ai-Mubarrad 1060).

This is a case of purchase on credit on a very large scale. Even though no extra returns

are involved the traders have a big stake in the whole thing as the success of Muhallab's mission
57

would eventually restore their supplies from Persia. It is not difficult to imagine that such

`borrowing' or purchase on credit would be repeated elsewhere too, though not necessarily at the

central government level. The report underlines an important point not any less relevant to our

age than it was in the seventh century: Sometimes it is possible to meet a deficit by purchasing

what you need on credit. In the year 77 A.H., in a similar situation, “a man asked by the governor

of Khurasan to launch an attack `across the river' on Central Asia, is reported to have borrowed

from traders and other people in the town of Sughd.” (Tabari 312 -313)

2. Another case of a provincial officer borrowing for public purposes occurred during the reign

of ‘Umar bin Abd al ‘Aziz (99-101 A.H/715-717 A.D.). The officer, Hayyan bin Shuraih

borrowed the sum of twenty thousand dinars from one Harith bin Thabita to meet a deficit in

payments to those registered (ahl alDiwan). He wrote to the Amir al Mumineen requesting him to

arrange repayment to the lender. (Maqraz 139)

3. Earlier, most probably during the years 58-59 A.H., Sa'id bin al ‘As (d. 59 A.H.) the governor

of Madina during the reign of Amir Mu'awiyah (41-60 A.H./661-680 C.E.) borrowed to feed

people during a famine, having first exhausted all the funds in the public treasury. (Ibn Manzur

135)

4. The first century of Abbasid rule, from 132 A.H. to 232 A.H. was blessed by firm central

administration and robust finances. Then started the period of weak rulers, domination of Turk

army chiefs and gross financial mismanagement. The Caliphs ruled only nominally as power was

in fact exercised by the army commanders while the finances were managed by Wazirs. The

chief interest of the Caliph lay in the huge sums of money flowing into his private treasury

(Baital-mal-al-Khas) thanks to the appropriation of lands over the past and the customary gifts

presented to the Caliph, especially by the aspirants to public offices. It was not unusual, in this
58

period, for the public treasury to be empty while the royalty rolled in money. The army did not

get paid in time. Unusual delays in the payment of salaries led the infantry to protest which

sometimes culminated in riots in the capital city, Baghdad.

The first reports of public borrowing in our sources appear during the reign of the

eighteenth Abbasid Caliph Muqtadir who ruled from 295 A.H. to 320 A.H. (908 A.D. to 932

A.D.) Muqtadir ascended the throne at the young age of thirteen. Real power was wielded by his

mother and the Wazirs who were changed very frequently. As we shall see below the urgent need

to pay the army while the state coffers were empty was behind most of the public borrowing that

occurred. The nine reports relating to public borrowing given below all belong to the period 300

A.H. to 333 A.H. This period was ruled by four Abbasid Caliphs, Muqtadir (295-320 A.H.),

Qahir (320-322 A.H.), Radi (322-329 A.H.) and Muttaqi (329-333 A.H.).

The research could not cover the later period for many reasons, not the least important

among them is the fact that by then the world of Islam was divided into a dozen units having

separate rulers and independent finances. Any study covering only the nominal Abbasid

caliphate with its seat at Baghdad could no longer be credible. It also deserves mention that we

have relied on sources almost contemporary to the events being reported, e.g. Suli (d. 335 A.H.),

Tanukhi (d. 384 A.H.), Miskwaih (d. 421 A.H.) and Sabi (d. 448 A.H.). One of the greatest of

the early historians of Islam, Tabari (d. 310 A.H.) does not report any case of public borrowing.

Later historians draw upon these and other early sources. The above mention borrowing also did

not touch the area of research which that also created a vacuum that need to be filled.

2. 8. 2 Public Borrowing In Early Fourth Century A.H.

1. "Ali bin `Isa used to borrow from traders when some payment came due and he had no other

means to make it. He borrowed on the basis of letters of credit (saftjat) coming from the
59

provinces but not yet due for payment. (He borrowed) ten thousand dinars against payment of a

profit of one and a half daniq of silver for each dinar. Every month he owed two thousand and

five hundred dirhams as profit. This practice continued with Yusuf bin Finkhas and Harun bin

Imran, or their deputies, for sixteen years, and till after their death. They were not turned away

till their death. They had gained this position (of state bankers) during the wizarah of Obaidullah

bin Yahya bin Khagan. The ruler did not consider it wise to turn them away so that the

Jahbadhah retained its credibility among the traders and the traders would lend the Jahbadh in

time of need. If the bankers were to be turned away and others were given that position and the

traders refused to deal with these, the affairs of the Caliphs would collapse". (al-Tanukhi 31-32)

2. Tanukhis` above statement follows his narration of an incident which culminates in the wazir,

Ali bin `Isa making a special arrangement with the two bankers named above. He is reported to

have told them: "Every lunar month I need a sum of money to be paid to the infantry troops

within the first six days of the month. This amounts to thirty thousand dinars which sometimes is

not available to me on the first day of the month, even on the second. I want you two to lend me

one hundred and fifty thousand dirhams which you can recover within the month out of the

revenues from Ahwaz, because the administration of Ahwaz revenue is already in your

charge.....". (al-Tanukhi 31)

Significantly, no `profits' are promised in this case, nor is there any mention of letters of

credit. The author has quoted his source in giving this report whereas the statement quoted earlier

is given on his own authority. It is also to be noted that the two bankers named above were Jews

not Muslims.

3. The two Jewish bankers were given official position by Muqtadir's second wazir, Abul Hasan

Ali bin Muhammad bin al Furat whose first round in this office lasted from 296 to 299 A.H.30
60

Al-Sabi reported that once Abdullah Muhammed bin Isma‘il al-Anbari al Zinji told him about

this wazir that: "He called Yusuf bin Finkhas the Jewish jahbadh, who was the jahbadh of

Ahwaz, and told him, `This situation has arisen and our colleagues had not made the necessary

preparations to deal with it. I have assigned their emoluments to (the revenue from) Ahwaz. Now

it is very necessary that you pay them in advance for two months. He (Yusuf bin Finkhas)

mentioned the large sums already assigned for advance payment on Ahwaz account and that it

was not possible for him to take on any more demands. He (the wazir) continued to argue with

him till he agreed to release one month's pay that very day....." (al-Sabi 198)

4. Another instance of interest bearing loan is cited by Miskwaih. It relates to the wazir Kaluzani

who held office briefly in the year 319 A.H. "Ibn Qarabah used to indicate to Muqtidar and to

Mifleh al-Aswad that it was he who helped the affairs of the wazarah being performed and that

no wazir could do without him. He used to make himself continuously available at Kaluzani's

place and to lend him, on behalf of Bani-al-Baridi and others, at the profit of one dirham per

dinar. He lent him two hundred thousand dinars which helped the management of Kaluzani's

affairs......" (Miskwaih 213)

5. The same person, Ibn Qarabah, is reported to be lending to Husain bin al-Qasim, who

succeeded Kaluzani as wazir in 319 A.H. `at the rate of one dirham per dinar as was his

practice'. (Miskwaih 220)

6. Facing a very tight financial situation, Husain is also reported to have sold some public

property to raise five hundred thousand dinars and to have realized in advance half the money

due in the year 320 A.H., some months before the beginning of that year.” (Miskwaih 226)

7. After a couple of years, in 323 A.H. during the reign of Caliph Radi, we find another wazir,

Abu Ali bin Muqlah, `borrowing' from traders who used to supply flour against what was due
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from Mosul. He raised four hundred thousand dinars in this manner. Significantly, no `profits'

are involved in this `borrowing'. However, it becomes clear after a few pages that the `borrowing'

actually amounted to advance payment for grains to be collected from the region as taxes and

delivered to traders. (Miskwaih 326)

8. Yet another report about the same year, 323 A.H. This time the wazir tried to borrow from

traders in order to pay the troops, offering traders letters of credit (saftajat), the traders

disappeared and the effort did not succeed. (al-suli 76)

9. Another report by the same author, Al Suli, relates to the year 331 A.H. The then Amir al-

Umara, Nasir al Dawlah, upon learning that the money changers were dealing in interest openly,

warned them against doing so and obtained their pledges to that effect. According to al-Suli,

however, this helped restrain them only a little. (al-suli 231)

This last one is not a report of public borrowing. We have noted it, only to underline the

fact that despite the practice of interest-based lending in the market, the authorities remain

committed to its elimination till the close of the period we have studied in this paper.

It is difficult to deny, however, that interest was involved in some cases of public

borrowing also. This reflects the gross mismanagement of the financial affairs of an otherwise

prosperous regime as well as the compulsions of circumstances created by the maintenance of a

large force of mercenaries in the capital city of Baghdad. The most surprising case of borrowing

on interest relates to the wazir Ali bin `Isa, `probably the first to obtain a loan by paying interest

according to some scholar'. (Fischel 25)`Ali bin `Isa is reputed to have been a pious Muslim,

well versed in shari'ah sciences and possessing extraordinary managerial skills. The only direct

report of this wazir borrowing from bankers is found in Tanukhi and that too does not mention

interest [case (2) above]. But the same author reports Ali bin `Isa borrowing regularly with
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interest on the basis of letters of credit, without quoting any specific source. Even if we are to

accept this sweeping generalization, not corroborated by other historians, the question remains:

Did he, under compulsion of circumstances, deliberately violate the prohibition of interest, or did

he look differently at using letters of credit the way he did according to the second report quoted

above? On the basis of the scanty material we could obtain, we can distinguish between four

types of public borrowing in early fourth century after hijrah.

1. Advance payment realized in a salam type transaction, i.e. cash obtained against food grains to

be delivered in future (Case 7).

2. Discounting letters of credit of bills of exchange, i.e. obtaining cash by surrendering the right

to receive a larger amount of cash later. (Cases 1 and 8).

3. Cash obtained by promising to pay later with an addition of a percentage of the sum borrowed

(Cases 4 and 5).

4. Cash obtained by allowing the lender to recover the sum borrowed from revenues due in the

near future (Cases 2 and 3). As regards case 8 noted above, it is not clear from the report whether

it belongs to category 2 or to category 4.

In all the cases reported above it is not the Caliph who borrowed, but the wazir who actually ran

the administration. Most of the borrowing is done in cash to pay the army in time, but sometimes

it is done to make some other payments. Public borrowing in this period has been largely in the

nature of bridge-financing, to be repaid from sure sources of revenue in the near future. Loans

are repaid out of the kharaj revenue (or land taxes). The lenders are Jewish bankers as well as

Muslim traders. The amounts involved are large, but not out of proportion with the state

revenues in those times. One significant point to note is the absence of any reference to need

fulfillment as the purpose of public borrowing. As regards the use of coercion in borrowing we
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have no clear evidence, even though the sources abound in reports of confiscation of the

properties of high officials once they fell from favor and of all sorts of extortions from traders.

It is very difficult to opine whether there were any alternatives to public borrowing in so

far as it was resorted to. Apparently all other means were exhausted before doing so. Ali bin `Isa

is especially reported to have curtailed public expenditure to a very great extent, side by side

with abolishing many extra-shari'ah taxes. What circumstances forced a pious man and efficient

financial manager, who curtailed public expenditure in an otherwise wasteful affluent society, to

borrow at interest, and how could he justified it to his own conscience, remains an enigma -- at

least till further details are available. This deviation from clearly defined shari'ah rules seems,

however, to be a culmination of many other deviations in the financial management of the state,

the details of which fill the pages of history books. Much so this heading did not discuss about

anchor borrowing programme which has really created a vacuum that need to be fill.

2. 9 USURY (RIBA)

The basic principle of Islamic financial system is the prohibition of usury (riba). The Arabic

word, riba, literally means growth, excess, addition, expansion, surplus or increase. Riba, from

Sharia’s perspective, refers to any predetermined and conditional extra amount, big or small, that

must be paid by the borrower to the lender above and over the principal, for the loan to be

materialized or for an extension in its maturity. Maududu asserted that “the Holy Qur’an uses the

word riba to denote interest” (160). Riba is categorically prohibited by Qur’an and Sunnah

regardless of whether the loan is taken for the purpose of consumption or for some production

activity. The prohibition of riba implies that the predetermined positive return on a loan as a

reward for waiting is not permitted by Shari’a, regardless whether the return is a fix or variable

percentage of the principal, an absolute amount to be paid in advance or on maturity, or received


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in the form of a gift or prize or a service. — The prohibition of riba applies equally to the loans

obtained from or extended to Muslims as well as non-Muslims. There is no distinction between

Muslims and non-Muslims, or between individuals and states with respect to the receipt and

payment of interest. Therefore, the prohibition of riba has universal application. This is

consistent with Islam being a universal religion that preaches the unity of mankind and the

equality of all individuals, irrespective of their sex, color, nationality or faith. — The prohibition

is explicitly mentioned in four different revelations (Surah) of Qur’an (2:275-76, 2:278-279,

3:130, 4:161 and 30:39) expressing the following ideas:

1. Riba deprives wealth from Allah’s blessings.

2. Riba is equated with wrongful appropriation of property belonging to others

3. Muslim should stay away from riba for the sake of their welfare.

4. When lending money, Muslims are asked to take only the principal and forgo even that

sum if the borrower is unable to repay.

5. Despite the apparent similarity of profits from trade and profits from riba, only profits

from trade are allowed.

2. 9. 1 Types of Usury (Riba)

Shari’a scholars have differentiated between two types of riba.

1. Riba Al-Duyoon (Riba on Debts): This is what the Qur’an prohibited and refers to as a war

against Allah and his prophet. Riba al-Duyoon is known in Islamic Shari’a as riba Al-

Nasi’ah.

 Riba Al-Nasi'ah: Nasi’ah means delay, defer or wait. It is applied to “money-money

exchange”; money is exchanged for money with deferment. Since the verses of Qur’an

have directly rendered this type of riba as haram, it is called riba al-Qur’an. Similarly,
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since only this type was considered riba in pre-Islamic era it has earned the name of riba

al-Jahiliyya. Riba al-nasi’ah is the real and primary form of riba that represents

predetermined extra amount on deferred payments due to the inability of the borrower to

pay its debt on time; i.e., extending the period for payment by charging more than the

principal value. Riba al-nasi’ah underlies most of conventional financial products and

services.

2. Riba Al-Buyu’ (Riba on Sales): This type of riba is specifically prohibited by the Prophet

(SAW. It gives a more comprehensive implication to riba and is not merely restricted to

loans. Riba Al-Buyu’ applies to certain types of sales transactions, both immediate

exchanges as well as credit exchanges. It is commodity specific and results in what is known

as riba Al-Fadhl.

3. Riba Al-Fadhl (Riba on Increase). Also known as riba al-Sunna or riba alhadeeth Riba

al-Fadhl is described as an unlawful excess in the exchange of two counter-values where the

excess is measurable through weight or measure. The basis for the prohibition of riba in the

exchange of commodities is the famous hadith of the Prophet on six commodities “sale gold

for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, salt for salt –

like for like, equal for equal, and hand-to-hand (spot); if the commodities differ, then you

may sell as you wish, provided that the exchange is hand-to-hand or a spot transaction.” This

hadith created a lot of confusion and many scholars in the past or in recent days expressed

their inability to appreciate the reasons and the logic behind the concept of Riba al-Fadhl and

its alleged prohibition. Economically speaking it would be irrational and unacceptable to

imagine that a person would knowingly commit himself to a bargain whereby he is required

to give a superior quality of his commodity to another person for inferior quality of the same
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commodity. It would indeed be unfair to expect the former to agree to any such deal in spot

exchange. Furthermore, there hadith shows that the Prophet (SAW) categorically stated that

the question of riba relates to exchanges involving credit and has nothing to do with spot

exchanges. What is believe now is that the Ahadeeth of riba al-Fadhl, if properly interpreted,

serve to clarify two important aspects relevant to the prohibition of riba: one that riba is only

applicable to credit dealings and, two, that while dealing with loan transactions, it is

absolutely essential that what is returned by the borrower should be identical to the item he

borrowed. If you give on credit gold, then receive back the same gold: the same weight and

the same quality; and if you give silver (on credit), then receive back the same silver: the

same weight and the same quality, because the one who gives more or expects more, then (he

should know that,) that is exactly Riba.’ Likewise, if you will sell gold for silver on credit

then there is a danger of interest in it.

2. 9. 2. Usury in Exchange

- Any profit or advantage gained or lost in the exchange of gold or silver, or in the

exchange of foodstuffs is considered usury and as such, prohibited. Foodstuffs, gold and

silver can only be exchanged for their exact equivalent.

- Payment in kind taken by a jeweler out of the metal entrusted to him, is considered usury

and as such illegal.

- Any advantage in a payment left to one of the parties is considered usury, unless it is

gratuitous.

- Thus, in the payment in cash of a sale price, it is lawful to give or to receive more than

the weight or quantity agreed upon, provided that the excess or deficiency received is not
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compensated for by any usurious advantage gained in another way, as for instance, by a

higher rate of currency of the coins given in payment.

- Adulterated goods shall be seized and given away in alms unless they were bought at

their intrinsic value with no intention of fraudulently reselling them.

- A reputed fraudulent; the dressing of cotton goods, silk etc. the debasing of metals, the

insufflation of carcasses etc.

- Provisions are articles of food, the trading in which may give rise to profits reputed to be

usurious, are those which constitute the daily subsistence of mankind and which can be

preserved; with regard to their being capable of being preserved different opinions exist.

Such as wheat, barley, and rye, forming one category; oats, millet and maize, each

forming a category. (Ruxton 158 -160)

2. 10. 0 ADDRESSING SOME MISCONCEPTIONS ABOUT RIBA

As mentioned in the definition of riba given above, anything, big or small, stipulated in the

contract of loan to be paid in addition to the principal is riba . — However, Naqvi, Abbas, and

Ahmad 560 - 562 stated that there have been a number of misconceptions about riba and its

prohibition, which was addressed as follows:-

2. 10. 1 Modern day interest is not riba

1. Interest-based commercial transactions were invented by modern day business thus not

covered by the riba referred to in the Qur’an. The prohibition of riba cannot be extended

to modern day banking.

2. Interest is based on the premise “money is a commodity”.

2. 10. 2 Addressing the misconception.


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1. Interest is the rent paid for the use of money. The lender rents you the money at a rental rate

called interest. In a legal sense, “interest” implies that excess amount which a creditor settles to

receive or recover from his debtor in consideration of giving time to the debtor for repayment of

his loan.

2. Thus, riba and interest are the same. The equivalence of riba to interest has been recognized

by the majority of Muslim scholars. They explicitly and clearly equate riba to interest.

2. 10. 2. 1 There is no difference between Interest and Profit.

- Bank interest resembles profit in murabaha.

2. 10. 2. 2 Addressing the misconception.

Allah (SWT) states in the Qur’an that some people might raise the issue of the apparent

similarity of profits from trade and profits from riba; however, only profits from trade are

allowed. Generally, trade means exchange of any goods for money. You can buy or sell goods

for money at any price. In murabaha, you buy an item at one price and sale it to someone at a

higher price, allowing him to pay you for it over time. In riba, you lend someone some money

and require him to pay back a greater value of money than what he borrowed. Murabaha

prevents you from being caught in a spiral of debt, as the amount that you pay fixed before hand.

You cannot get a situation where you have large debts that you cannot pay off and which rise

every year due to interest.

Several types of risks are associated with trade while charging riba (interest) is risk free.

There are other legal means to avoid risk of default. Usmani 26 claimed that Conventional

economy today is debt-based that transfer risk to others, while Islamic economy is asset-based

that emphasizes risk sharing. Great emphasis is placed in Islam on the distinction between trade

and riba. Riba, which represents unjustified monetary benefits, is different from trade, which
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promotes partnership and exchange in a just and fair way, which leads to a more equitable

distribution of income, and a more just economic system.

2. 10. 3. 1 Riba is only relevant to consumption loans, not commercial loans

The common practice of riba during the time of its prohibition was the charging of interest on

consumption loans taken by poor people to finance their basic needs. This form of exploitation is

not present in production loans whereby in many cases, the debtor is economically well-off and

loans taken are used to generate profit. Therefore, the basic cause of the prohibition of riba,

exploitation and injustice, is absent.

2. 10. 3. 2 Addressing the misconception

First, the prohibition of riba concerns the unjustified excess, not the use of funds. The Qur’anic

prohibition of riba includes all forms of it without any specifications of whether it is for

consumption or production and regardless of the financial status of a party (whether rich and

poor).

Since riba is equal to interest, it makes no difference whether the loan is for consumption

or business purposes, and whether the loan is given (or taken) by a commercial bank,

government, corporation, or an individual.

There are evidences that interest-based commercial or productive loans were in existence

since the beginning of human civilizations. In addition, a number of Ahadeeth reporting on the

practice of riba-based commercial loans.

Nevertheless, lending in Islam is considered as "a benevolent act with a view to helping

someone in need. If someone needs capital for commercial purposes, then capital should be
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given in a risk-sharing basis and if someone needs funds to overcome some short term need, then

such need should not be exploited and the borrower should not be put under undue burden.

2. 10. 4. 1 Inflation justifies interest

1. It is argued that a debt when repaid at a later date may have lower purchasing power due to

persistent increase in the general prices of goods and services (inflation). Hence, the borrower, in

essence, repays less, which would be unfair to the lender if he is not compensated for the loss of

purchasing power.

2. With the issue of inflationary nature of the contemporary economy, the prohibition of riba

would be applied to only real interest rate (the nominal interest rate minus the rate of inflation).

Otherwise, the absence of interest in an inflationary period would amount to negative real

interest, which would penalize lenders and rewards borrowers.

3. Indexation is needed to adjust the value of the loan to compensate for the change in the value

of money due to inflationary pressure so that there is no injustice to the lender.

4. Indexation refers to the price adjustment, which allows capital or income to take account of, or

benefit from, inflation. The purpose of indexation is to keep the purchasing power after inflation

as before inflation.

2. 10. 4. 2 Addressing the misconception

1. First, rates of interest are not based on rates of inflation, although there may be some kind of

correlation. Actually, several studies have illustrated that interest is one of the causes of inflation.

A better way to reduce inflation is to stop charging interest to begin with.


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2. If surplus on loan amount is only attributable to actual value loss due to inflation, there will

be no commercial incentives to banks.

3. With regard to indexation, it is justifiable from Shari’a perspective for wages to face the

inflationary rise in prices. But the majority of scholars oppose indexation of financial assets

based on the following arguments:

1. Islam considers any excess of the loan’s principal as riba. So only the original amount lent

should be repaid.

2. The presence of inflation will result in the decline in the purchasing power of lender’s money

whether it is given to the borrower or not.

3. The factors that lead to inflation are beyond the borrower’s control, so why the borrower

should be held responsible

4. Even if indexation is allowed there is no perfect index to fully and fairly capture the loss of the

value.

1. However, one solution to protect the purchasing power of money lent, the lender and

borrowers can agree that the loan can be denominated in terms of some relatively stable

commodities such as gold or diamond, or a strong currency. Thus, the lender can lend a certain

quantity of gold to the borrower who is obligated to return the same quantity when it is due.

2. For example, suppose an individual borrow 50,000 Yemeni Rial from his friend when the

exchange rate between USD and YR was 1: 4, which means the YR50000 equals to $12,500.

After several years, the borrower decides to return the amount of debt to his friend, but the

exchange rate between USD and YR is now equal to 1: 200, which means the YR50000 equals

only to $250. What do you think? To me, it is unfair to return the original amount with its value

now equal to $250 instead of the original value of $12500.


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3. The above example results in a big loss to the lender and a large gain to the borrower.

Denominating the loan in terms of a relatively stable commodity is a reasonable and fair solution

to both parties.

4. Another solution to overcome the decline of the value of money is the Islamic way of profit-

and-loss sharing partnership, so both parties share the risk.

2. 10. 5. 1 If it is not excessive, it is not riba

It has been stated in Surat al-Imran (3:130) - “O those who believe do not eat up riba doubled

and redoubled”. Thus, if the rate of interest is not excessive (e.g. doubled) then it does not

constitute riba and therefore not prohibited.

2. 10. 5. 2 Addressing the misconception

1. Verses of the Qur’an on the same subject matter must be studied in relation to each other; e.g.,

Al-Baqarah (2:278) – “O those who believe fear Allah and give up whatever remains of riba, if

you are believers” Every amount, regardless of magnitude, over and above principal is riba. We

must understand the Qur’an as a book of guidance that directs us to the core of values; otherwise,

Qur’an will be misinterpreted. For example, verse 41 in Surat Al-Baqarah (2:41) states “Do not

sale my verses for a little price”. Does this imply that one can sale verses for a high price?

2. The expression “doubled” only meant to show how bad the practice of riba, and emphasize

the added severity of the sin due to its excessiveness.

2. 10. 6. 1 Riba is allowed under Dharura (Necessity)

1. Under dharura circumstances, the haram is permissible. If it is permissible to consume pork

to save one’s life from dying of hunger, riba is allowed under dharura too.

2. 10. 6. 2 Addressing the misconception


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1. First, there is a misunderstanding of dharura. Dharura is applied only to life threatening

circumstances. To identify dharura that necessitate riba the individual debtor must answer the

following two questions with absolute sincerity: Is the purpose of the riba-based loan to protect

an absolute necessity? Have all other permissible alternatives been exhausted?

2. At the institutional level, removal of riba from the economy does not imply that financial

institutions will have to give charitable (interest-free) loans. The role of loan giving and taking in

Islam must be well understood.

3. While giving a benevolent loan is highly commendable, the taking of a loan is discouraged

and limited to cases of absolute necessity. Islam provides means of financial intermediation in

the form of profit and loss sharing

2. 10. 7. 1 Interest represents an opportunity cost which cannot be denied.

1. Interest rate is just a compensation for the opportunity cost of the lender during the time of

loan. According to this argument, the lender could use his money to consume goods or services

or could benefit from investing this amount today. Therefore, the postponement of consumption

or investment involves sacrifice and hence, the individual deserves compensation for giving up

the satisfaction he would get from consumption today or the return he would get from

investment.

2. 10. 7. 2 Addressing the misconception

1. The notion of interest as a reward for deferring consumption is rejected in Islam. Saving by

itself should not be rewarded by an increase in capital. The ability to save is a reward by itself.

2. There may be some alternative uses to the loaned fund but there is no guarantee that these uses

would guarantee a return. Furthermore, as Muslims, we should not consider only the material

aspects but also the non-material dimensions such as the rewards in the hereafter.
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2. 10. 7. 1 Interest as a compensation for risk element.

1. Lender faces different economic risks including the default of the borrower, unanticipated

changes in economic circumstances such as rapidly rising inflation. Taking all these risks should

be compensated.

2. 10. 8. 2 Addressing the misconception.

1. It is always true that lenders may face different types of risks whether he lend his money or

not.

2. Shari’a-based contracts provide rules and regulations that protect both lenders and borrowers

in ways other than charging interest.

2. 10. 9. 1 Interest is a reward for money as a commodity

1. The advent of interest-based lending has introduced a fourth function of money: “money as a

commodity”

2. It is argued that, just as a merchant can sale his commodity for a higher price than his cost, he

can also sale his money for a higher price than its face value

3. Similarly, just as a person can lease his property and can charge a rent against it, he can also

lend his money and can claim interest on it.

2. 10. 9. 2 Addressing the misconception.

1. Islam rejects the notion that money is a commodity

2. The prohibition of riba dictates that money should never be treated as a commodity

3. There are differences between money and commodities

1. Money is not an objective in itself. Treating money as a commodity (trading in

money) goes against the original wisdom behind its creation (medium of exchange.
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2. Money has no intrinsic value, it, in itself, cannot be used for direct fulfillment of

human needs.

3. Commodities can have different qualities while money is perfectly homogeneous.

4. In a commercial transaction, specific commodities are identified for exchange

whereas money is generic. Treating money as commodity directs economic activities

towards money out of money, and against providing real goods and services. In the

contemporary world economic setting, most of the money that is transferred around

the world in daily basis is for purely financial transactions, and has no link to

transactions in the real economy. Another critical repercussion of the prevailing

monetary system (which treats money as a commodity) is that the system, by design,

promotes inflation

2. 10. 10. 1 Time Value of Money.

1. Time value of money (time preference) is an important concept of modern conventional

financial system. In simple terms, it means that money has a time value. Having money now is

more valuable than having it at some future time. A rational person would prefer to have

USD1000 today rather than having it later because the USD1000 today may not be same as

USD1000 tomorrow.

2. Sacrificing present consumption for future consumption must be compensated.

2. 10. 10. 2 Addressing the misconception

1. Islam does not permit the reward for time but allows reward for efforts and risk-taking

activity in business. Because money in Islam is just a medium of exchange, it cannot earn more

money by itself without putting it into real productive actions such as sale, lease, and investment.
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2. Time value of money is recognized by Shari’a but only on sales contracts not in debt

contracts. There is a great distinction in Shari’a between investment and lending. Since time by

itself, without any economic activity does not yield any return, it is actually the economic

activity that is undertaken during the time, which creates the yield.

3. Lending does not constitute, by itself, a productive economic activity. But, investment is an

economic activity that needed to be compensated for any profit or loss received during the time.

Investment is different from pure riba-based risk-free debt. A seller in a trade, whether on spot or

deferred payment basis, is free to charge any price and the profit that accrues to him is legitimate

(halal). There is a possibility that his “spot” price may be lower than his “deferred” price. Such

price differential is obviously due to deferment and is recognized as the time value of money.

Such time value of money is acceptable in the Islamic framework. What is not permissible is the

time value of money in the context of debt.

4. Nevertheless, when the buyer in a deferred-payment sale decides to defer his payment beyond

the due date for payment, neither he nor the seller is allowed to increase the price. Price is now in

the nature of debt and a debt cannot be replaced by a higher or lower debt. A higher debt

replacing a lower debt results in riba on the old debt.

5. Shari’a applies Islamic time value of money in such a way that exists in mudaraba contacts

where rabbul-mal has the right to a share of the venture’s profits because he has given up current

consumption or the ability to invest the funds elsewhere (but at the same time rabbul-mal may

suffer loss too)

2. 11 PARTNERSHIP (MUSHARAKAH)

Doi opined that “Musharakah or partnership contract signifies the conjunction of two or more

persons to carry on a business to share the profits by joint investment. In the widest sense of the
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term Musharakah, the partnership exists where property is held in common between two or more

co-proprietors. A person thus alienates and undivided share of his property, in return for an

undivided share of the property of another each having a right to administer the whole.” (365)

“The word sharing and partnership in activities has occurred several times in the Qur’an –

Moses prays to Allah to make Harun, his brother, his partner in his great mission to

Pharaoh: “Harun (is) my brother: add to my strength through him and make him share

my task”

Sharing the estate in mirah as partners is mentioned in Surah Al-nisa’i

“But if (they are) more than two, they are sharers (shuraka) in a third”

The Musharakah may be affected in a specified amount of capital or in labor on

contribution of labor and skill or in credit where no capital is contributed and the partners buy

and sale on credit on understanding that they shall share the profits. There may be a musharakah

of mixed characters in cases of capital and labor, Agricultural farms and labor and so on and so

forth.

2. 11. 1 Limited Partnership (Musharakah al – inan):

Musharakah al – Inan is a limited partnership in which a partner is not allowed to do anything

without his co – partner.

2. 11. 2 Musharakah al – abdan: Association of Bodies or Labor Association, Islamic law allows

two or more persons to associate themselves for the exercise of a profession or a handicraft. The

profits will be practically equal for the partners with a view to lending mutual assistance even

through the associates work separately. Imam Malik says in Mudawwamah al – kubra that the

stock of tools may be provided by each partner in such labor associations, but the other jurists

say that the tools will be owned by the association or hired by the association at common
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expense. In this kind of sharikah, any payment received or engagement entered upon by one of

the associates for some work done or to be done binds the other, and the payment remains at

their risk even after the dissolution of the sharikah. It will be illegal for one of the associates to

hold a greatly predominant share in the stock of tools by one of the associates of the sharikah.

2. 11. 3 Dormant Partnership (Qirad)

Qirad agreement is a contract by which a person entrusts funds to a trader (amil) in order that he

shall trade with it, subject to the lender having a share in the profit. Thus, in Qirad, the capital is

handed over to an agent to trade with, and the contract comes into force when the agent starts his

trading journey. Qirad was encouraged by the Prophet (SAW) himself, and it was a common

form of trading in the early days of Islam.

The commercial enterprises in the time of the Prophet Muhammad (SAW) used to be

organized under the charge of a caravan leader commissioned by one or more rich persons of the

society.

In the contract of dorman partnership a certain fixed capital is handed over to agent on

condition that the person entrusting it shall participate in the profits in certain proportion. The

dormant partner remains the owner of the capital. The agent is only in possession by virtue of the

trust reposed in him. He is only held responsible for negligence or the breaking of the rules of the

contract.

2. 11. 4 Capital in Qirad Partnership

In the dormant partnership, the capital should not consist of a debt owed by a debtor to his

creditor nor should it consist of a pledge or of a security. That is, the debtor or the holder of the

pledge should not be the agent and the creditor should not be the dormant partner. Capital should
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not consist of debased coins or of goods which the agent has taken upon himself to realize

because in these cases the value of the capital cannot be strictly determined. It is prohibited in a

Qirad contract that all there is of the enterprise are turned upon the agent. The dormant partner

will continue to remain the owner of the capital. The agent is only in possession by virtue of the

trust reposed in him. In Qirad partnership, the risk for the enterprise should not be thrown upon

the agent; otherwise the contract will become invalid. It is prohibited that the shares should not

remain ambiguous or fake; otherwise, it will create confusion later on. The agent will be required

to perform his duties in good faith taking into consideration the good of the entrepreneur. He

should take the same amount of care as he would do if the concern where solely his own.

2. 11. 5 Co - Partnership:

Moving about in the land of Allah seeking for trade or work is mentioned in surah Al – Baqarah.

Perhaps, the word Mudarabah is derived from this Qur’anic phrase. Qureshi says “Mudarabah,

in legal terminology, is a contract in which certain property or stock (Ras al - mal) is offered by

the owner or proprietor (Rabb al - mal) to the other party to form a joint partnership in which

both parties will participate in profit( 7-24). Ruxton stated that “The other party is entitled to a

profit in lieu of his labor since he is giving to manage the property (Mudarib). It is a contract of

co – partnership. It is proposed by Muslim economics that the Islamic interest – free banking

system can best be established on the principles of Mudarabah.” (34)

2. 11. 6 The Nature of the Partnership

The four Sunni Schools of thought have gone as usual into some details about the nature of the

Mudarabah act: is it an act of association or partnership, or is it a sort of proxy or is it a

combination of both? Whatever their views may be, there is no doubt that such an act is

permissible and valid under the following premises:


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a) There should be (at least) two persons who, out of their free will, enter into an agreement

by which one (or more) would contribute a fixed amount of disposable money to be

delivered to the other party who would trade with this subscribed capital for the benefit of

the partnership (or association). (Ahmad 69)

b) Every party to the act must know for sure and without ambiguity hos share in the

expected profits and provided that this share is a percentage and not an absolute fixed

amount. (Ahmad 69)

In case no profit is realized, the active partner would receive nothing for his efforts. If there

is a loss, it would be deducted from the principal (i.e. the contributed capital).

All expenses necessary for implementing the Qirad act are deductible before the distribution

of any profits, even if such expenses exceed the total of gross profits.

c) The active partner must have the absolute freedom to trade in the money given to him and

take whatever steps or decisions that he deems appropriate to realize the maximum gain.

Any conditions restricting such liberty of action vitiates the validity of the act. (Ahmad

70)

2. 12 SUMMARY OF LITERATURE REVIEW

The research is written on Anchor Borrowing Programme in Islamic perspective. Most of the

works are written in different aspects like loan, debt, interest, borrowing from banks or

otherwise, but not in Anchor Borrowing Programme. It was argued that most of the writings are

in hypothetical or theoretical forms but not on specific terms or programme like Anchor

Borrowing Programme. Writings are available on banking system.

From the above literature review, alot of writings was done on interest, banking and

Islamic banking by some scholars; Siddiqi (237), Maududi (521), Qureshi (526), Ahmad (168),
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Abdouh (504; 505) Abu Saud and Naseer (154), Mahmud (168), Farid (514), Elgari (16), and

others. But in all their writings, nothing was discussed regarding the Anchor Borrowing

Programme.

Furthermore, there are alot of contributions from the above literature on loan, debt and

borrowing done by scholars, such as; Ahmad (84), Ruxton (37), Humayoun (2), al-Suli (76),

Miskwaih (213, 220, and 360), Mazraq (139), al-Mubarrad (1060), Tabari (312 - 313), and a

number of Qur’anic verses (2:282 - 283) and ahadith of the Prophet SAW from Bukhari,

Muslim, Ibn Majah and Abu-Dawud, but nothing was touched as per Anchor Borrowing

programme is concern.

Much so, writings on Qirad, Mudarabah, and Musharakah was done in the above

literature review by Doi (365), Khan (230) Ahmad (66 -73), Siddiqi (250), Kahf (612), Ruxton

and others, where they discussed extensively on them, but there is no any work writing on

Anchor Borrowing Programme.


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CHAPTER THREE
RESEARCH METHODOLOGY

3. 1 CONTEXT OF RESEARCH

3. 1. 1 A HISTORY OF JIGAWA STATE

Most parts of Jigawa lie within the Sudan Savannah with elements of Guinea Savannah in the

southern part. Total forest cover in the state is below national average of 14.8%. Due to both

natural and human factors, forest cover is being depleted, making northern part of the state

highly vulnerable to desert encroachment. The state enjoys vast fertile arable land to which

almost all tropical crops could adapt, thus constituting one of its highly prized natural resources.

The Sudan savannah vegetation zone is also made up of vast grazing lands suitable for livestock

production.

The socio-cultural situation in Jigawa State could be described as homogeneous: it is

mostly populated by Hausa/Fulani, who can be found in all parts of the state.[4] Kanuri are largely

found in Hadejia Emirate, with some traces of Badawa mainly in its Northeastern parts. Even

though each of the three dominant tribes have continued to maintain its ethnic identity, Islam and

a long history of inter-marriages have continued to bind them together.

According to National population commission retrieved 2017, About 3.6 million people

inhabit Jigawa State. Life expectancy as at 2001 was about 52 years with a total fertility rate of

about 6.2 children per woman of childbearing age (a little above the national average). Although

population of the state is predominantly rural (90%), the distribution in terms of sex is almost
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equal between male (50.8%) and female (49.2%). This pattern of population distribution is same

across various constituencies and between urban and rural areas. The 2002 CWIQ Survey

indicated that 45.2% of the population was made up of young people below the age of 15; 49.0%

between the ages of 15 and 59 while 5.8% were people aged 60 and above. This survey reveals

a dependency ratio of almost 1; meaning that there is almost one dependent to every

economically active person in the population.

Average household size was about 6.7 almost all of which were headed by males. About

60% of household heads were self-employed with agriculture as their main occupation, and

nearly two-thirds of these households were monogamous families. The overall literacy rate was

about 37% in 2002 (22 percent for women and 51 percent for men). School enrolment ratio is

fairly high with very good improvements in the last few years, even though there is still clear

disparity between boys and girls.

Basic indicators for water supply sector show that access to potable water is over 90%,

which is among the highest in the country. The 2002 CWIQ Survey however, indicated that

while access to high quality safe drinking water (pipe born, hand pump boreholes and protected

wells) is low at about 63%, nearly two-thirds of households have good means of sanitation. In

terms of health services, about two-fifths of the population have access to medical services

which is, however, higher in urban areas where access was found to be about 55%. The CWIQ

Survey found that an average of 70% of those who consulted a health facility expressed

satisfaction with the services provided.

Religion in Jigawa State is mainly Islam which constitutes about 98.9% of the

population, while 1.1% are indigenous Christians.


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Jigawa State—created out of the old Kano State in August 1991—is one of the 36 states

in the Federal Republic of Nigeria. The agitation for the creation of the state was led by Malam

Inuwa-Dutse, a former commissioner in the Ministry of Agriculture and Natural Resources

during the governorship of late Audu Bako, the governor of old Kano State (comprising present

Kano and Jigawa states). By the 1999 Constitution of Federal Republic of Nigeria, the state

comprises 27 local government councils, which are divided into 30 state constituencies, grouped

into 11 federal constituencies and 3 senatorial districts. These 27 local government councils were

further subdivided into 77 development areas by law No. 5 of 2004 of the State House of

Assembly. In line with the democratic setting in the country, the governments at both the state

and local government levels are elected, and comprise an executive with a unicameral

legislature. The state legislature has 30 elected members each representing one of the state

constituencies. To complete the state governance structure, there is an independent state judiciary

as the third arm of government.

The State Government administrative apparatus is organized into ministries, extra-

ministerial departments and parastatals, which are located across the three senatorial districts in

the state since 1999. This decentralized approach to governmental administrative structure was

seen as a move towards stimulating economic activities socio-economic development and

empowerment over a wider area since government is the largest employer, perhaps second only

to agriculture. In addition, this was also seen as a way for spreading even development among

major urban centers and a shift from “city-state syndrome” that obtained in the old Kano State.

Jigawa State consists of twenty-seven (27) Local Government Areas, They are:


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Auyo, Babura, Biriniwa, Birnin Kudu, Buji, Dutse, Gagarawa, Garki, Gumel, Guri, Gwaram,

Gwiwa, Hadejia, Jahun, Kafin Hausa, Kaugama, Kazaure, Kiri Kasamma, Kiyawa, Maigatari,

Malam Madori, Miga, Ringim, Roni, Sule Tankarkar, Taura,Yankwashi.

The economy of Jigawa State is largely characterized by informal sector activities with

agriculture as the major economic activity. Over 80% of the population is engaged in subsistence

farming and animal husbandry. Trade and commerce are undertaken on small and medium scale,

especially in agricultural goods, livestock and other consumer goods. Other informal sector

activities include blacksmithing, leather-works, tailoring services, auto repairs, metal works,

carpentry, tanning, dyeing, food processing, masonry etc. Even though modern industrial sector

is yet to gain a solid footing, the seed for their development was planted through establishment

of small-scale industries particularly in areas of food processing and other agro-allied activities

such as the Jigawa ethanol programme. These industries have been helped by the Information

Communication Technology program initiated by the Saminu Turaki, the states former governor.

The Federal Office of Statistics, in 2001, classified Jigawa State among those with relatively

high severity and incidence of poverty in the country, with a Gross Per Capita Income of N35,

000 per annum (US$290), which is below the National Average; till date Jigawa State is being

rate among the poorest states in Nigeria. However, the 2002 Core Welfare Indicators

Questionnaire (CWIQ) Survey indicated that over two-fifths of the population do not consider

themselves poor.

The State of infrastructure for economic development such as roads, electricity,

telecommunication and information technology have recently witnessed tremendous

improvements through massive rehabilitation and expansion works. With massive road

rehabilitation projects already undertaken throughout the State during the last five years, coupled
86

with efforts made towards power generation via Independent Power Platforms, and the Internet

Broadband Project, investment climate in Jigawa State in terms of economic infrastructure is

quite promising.

Education in Jigawa state is progressing well. Currently the state has a Federal University

which is situated in the state capital, Dutse and a state-owned University situated at Kafin Hausa

Local Government Area of the state. There is also Federal Polytechnic in Kazaure and a number

of Monotechnics across the state. Established in 2011, Federal University Dutse is fast growing

with number of applicants rapidly growing.

British support has provided the Jigawa State School of Midwifery in northern Nigeria with

essential equipment as well as helping the teachers develop the curriculum and get accreditation

for the programme.

Government of Jigawa State relates very well with multilateral agencies in the country

particularly the World Bank, UNDP, UNICEF, DFID and other international donor agencies and

NGOs. Multilateral agencies have been a veritable source of development funds and technical

assistance to State Government. Presently, the State partners with DFID, UNDP, UNICEF,

IBRD, IFAD, ADF and some other International Development Agencies in pursuit of several

development projects and programmes, particularly in the sphere of pro-poor growth, poverty

reduction, education, and positive reform programmes such as Public Expenditure Management,

Health Systems and Justice System Reforms.

3. 1. 2 A BRIEF HISTORY OF BAUCHI STATE

Bauchi (popularly known as Yakoba) is a city in northeast Nigeria, the capital of Bauchi State, of

the Bauchi Local Government Area within that State, and of the traditional Bauchi Emirate. It is
87

located on the northern edge of the Jos Plateau, at an elevation of 616 m. The Local Government

Area covers an area of 3,687 km2 and had a population of 493,810 at the time of the 2006

Bauchi State has twenty Local Government Areas:

Bauchi, TafawaBalewa, Dass, Toro, Bogoro, Ningi, Warji, Ganjuwa, Kirfi, Alkaleri, Dar

azo, Misau, Giade, Shira, Jama’are, Katangum, Itas/Gadau, Zaki, Gamawa and Damban [2]

The city was founded by Yaqub ibn Dadi, the only non-Fulani flag-bearer of the Sokoto Empire.

The name was derived from a hunter called Baushe, who advised Yaqub to build his city west of

the Warinje mountain. In return Yaqub promised to name his city after the hunter.

Abubakar Tafawa Balewa is buried in the city, while the Yankari National Park is

110 km from the state capital. The city lies on the Port Harcourt – Maiduguri railway line.

The Bauchi State Library Board was established in 1976.

In July 2009, attacks in Bauchi by Boko Haram following the arrest of some of its

members resulted in over 50 people killed and over 100 arrested. ]After the 2014 Chibok

kidnapping, over 200 students were transferred to the Federal Government Girls College,

Bauchi. The majority were from Federal Government Girls’ College, Potiskum, Yobe State.

Bauchi was originally served by a narrow gauge 762 mm (2 ft 6 in) light railway, but this

was later converted to the normal gauge of 1,067 mm (3 ft 6 in).

Up until August, 2014, Bauchi was served by Bauchi Airport, located in-town. Scheduled airline

service was then transferred to the newly constructed Sir Abubakar Tafawa Balewa International

Airport, 23 kilometres (14 mi) north of Bauchi, near the village of Durum.

According to the Köppen Climate Classification system, Bauchi has a tropical savanna climate,

abbreviated "Aw" on climate maps.


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3. 2 METHODS OF THE RESEARCH

This research is a qualitative and quantitative research that combines the methods of interview

and sampling technique. One Focas Group Discussion (FGD) was also conducted. The research

uses both primary and secondary sources of data, sourced from the literature and the field. The

primary sources of data include commentaries of the Qur’an particularly the verses that deal with

loan, interest/usury this

includes; Q2:275 – 276, 2:278 – 279, 3:130, 4:161 and 30:39. Yusuf Ali Qur’anic translation was

used, because it is the type of book being used most scholars. Original sources of Hadith which

include Sahih Bukhari, Sahih Muslim. These authentic books were used because of their

authenticity. And a book on Islamic jurisprudence which includes Muwatta Malik was used,

because it is widely and generally accepts by Maliki school of law. The research techniques are

narrative face-face interview. This technique is chosen because of its advantage in providing

good response, accurate information from the respondents as well as complete and immediate

information.

3. 3 INSTRUMENTS

The instruments used in gathering the data were narrative interviews and Focas Group

discussion. The interviews were divided into two sections. ‘A’ and ‘B’.

Section ‘A’ was designed to obtain the personal information of the respondents. Section

‘B’ was designed to obtained information on the Muslims participation in the Anchor Borrowers

Programme. The interview was conducted in Jigawa State and Bauchi State respectively. 40

persons were interviewed, 15% in Bauchi and 15% in Jigawa State. Officials from Central Bank

of Nigerian 2%, Commercial Banks 2% each (Jaiz, Union, Agricultural banks) and 2% of the

officials of the various Ministries of Agriculture of the states covered were interviewed. Also
89

interviewed where the farmers, non – farmers, and Non-Governmental organizations of the area

of studies.

One Focus Group Discussion was conducted that covered about eight (8) persons in

Bauchi. Some important questions were asked and answers were collected and recorded

accordingly. Some of the questions includes; How many persons apply for the programme this

year? Do they make a refund?, how many people being transformed?, did the state government

give any incentive? How effective is the programme? Etc.

3. 4 PROCEDURE OF DATA COLLECTION

The patinent data of the research was collected in a narrative face to face interview. Such that

when questions were asked, answers were recorded. The answers collected from the respondents

were then sorted out in to workable manner thereby enabling their analysis. Thus to each

question the set of answers were recorded which will enable the said analysis.

3. 5 DATA ANALYSIS

The data collected was analysis using simple percentage technique. Tables were drawn, and the data’s

collected were presented in a tabular form base on the question and the respond of the respondents.
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CHAPTER FOUR
RESULTS AND DISCUSSION I
CENTRAL BANK, COMMERCIAL BANKS, MINISTRIES OF AGRICULTURE

This chapter presents the findings from field work together with objective discussion or of the

findings based on each research question. The chapter covers data obtained from CBN,

Commercial Banks and ministries of Agricultures.

Table 1:- From your record, do Muslims participate in the anchor borrowing programme

as they should?

Options No. Interviewed Respondents Percentage


Yes 15 13 86.67%
No 15 1 6.66%
Undecided 15 1 6.66%
Total 15 100%
Source: Fieldwork

From the Table above, respondents who answer ‘yes’ to the question ‘From your record, do

Muslims participate in the anchor borrowing programme as they should?’ are in the majority

with 86.67% while only 6.66% answered No’ with 6.66% undecided answers. This implies that,

from records available with the Central and Commercial banks as well as the Ministries of

Agriculture of the two states covered, those who have participated in the anchor borrowing

programme are Muslims in the majority. Though, the area of study is dominated by the Muslims

nonetheless, the response indicates Muslims have duly responded.


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Table 2:- To what extent do they participate?

Options No. Interviewed Respondents Percentage


80 – 100% 15 9 60%
60-79% 15 2 13.33%
40 – 59% 15 1 6.67%
Partial 15 3 20%
Total 15 100%
Source: Fieldwork

From the table above, respondents who gave between 80 – 100% to the question ‘To what extent

do they participate?’ have the highest percentage of 60%. This means that, Muslims participated

in the programme. Though, those who responded partially have 20% respondents meaning that,

they participated not as expected. There is need for improvement.


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Table 3:- Have you received any criticism of the programme from Muslim or Muslim

groups or any religious group?

Options No. Interviewed Respondents Percentage


Yes 15 10 66.67%
No 15 5 33.33%
Partial 15 - -
Total 15 100%
Source: Fieldwork

From the table above, respondents who answer ‘yes’ to the questions ‘Have you received any

criticism of the programme from Muslims or Muslim groups or any religious group? Are in the

majority with of 66.67%. This implies that Muslims, Muslim groups, and religious group

criticized the programme. That criticism may be discouraging for some Muslims from

participating in the programme. That about 33.33% of the respondents that is about one-third

claimed that, no any criticism experienced from Muslims, Muslim groups, or religious groups

implies that, the criticism is not prevalent.


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Table 4:- What is the nature of the criticism?

Options No. Interviewed Respondents Percentage


Interest/usury’ 15 8 53.33%
No 15 6 40%
Others 15 1 6.67%
Total 15 100%
Source: Fieldwork

From the table above, respondents who mentioned ‘interest’ to the question ‘what is the nature of

the criticism?’ have the highest percentage of 53.33%. This implies that, Muslims’ criticism of

the programme is on the basis of charge of interest or usury which contradicts the teachings of

Islam.

Table 5: Do you think the bank (CBN) has done enough awareness regarding the

programme?

Options No. Interviewed Respondents Percentage


Interest 15 3 20%
No 15 9 60%
Others 15 3 20%
Total 15 100%
Source: Fieldwork

From the table above, respondents who answer ‘No’ to the question’ ‘do you think the bank

(CBN) has done enough awareness regarding the programme?’ have the highest percentage of

60%. This implies that, Central Bank of Nigeria has not done enough awareness regarding the

programme.
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Table 6:- Has the programme achieved its set objectives?

Options No. Interviewed Respondents Percentage


Yes 15 3 20%
No 15 4 26.67%
Not as expected 15 8 53.33%
Total 15 100%
Source: Fieldwork

From the table above, respondents who answer ‘not as expected’ to the question ‘Has the

programme achieved its set objectives?’ are in the majority with 53.33%. This implies that the

Anchor borrowing Programme partially achieved its set objectives. Therefore, a lot needs to be

done so as to achieve 100% objective. Looking at the table, only 20% of the respondents

indicated that, the programme has achieved its set objectives, which is the lowest percentage of

respondents on the table.

.3. 2. DISCUSSION

Muslims are participating in Anchor Borrowing Programme. This study reveals that, the

Muslims participate in the programme going by records available with the Central and

Commercial banks participating in the programme. This contradicted what people have been

saying, who have not made any enquiry employing the correct scientific tools. This also

contradicts what Khan (9) claimed that:

“the Muslims societies have placed a low value on wage-labour. Instead, they have

always enclouraged self – employment or such forms of business as shirkah or

mudarabah. It was the capitalist mode of production which, for the first time in human

history, made large chunks of population dependent on capitalists for their livelihood”.
95

The Muslims, Muslim groups, or any religious organization did not criticize the

programme.

The programme did not achieve its set objectives. This is because, records and

observation showed that government is fully involved in the programme.

The issue here is that, can the government participate in the programme by paying the

interest rate charges to its indigene and also provide other incentives in order to motivate the

participants?
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CHAPTER FIVE
RESULTS AND DISCUSSION II
(FARMERS, NON FARMERS AND NON – GOVERNMENTAL ORGANIZATIONS)

This chapter presents the findings from field work together with objective discussion or of the

findings based on each research question. The chapter covers data obtained from Farmers, Non-

farmers and Non – government; Organizations.

Table 1:- Are you aware of the anchor borrower programme?

Options No. Interviewed Respondents Percentage


Yes 15 15 100%
No 15 - -
Partial 15 - -
Total 15 100%
Source: fieldwork.

From the table data, respondents who answer ‘yes’ to the question ‘Are you aware of the anchor

borrower programme?’ have the highest percentage of 100%. This implies that people are fully

aware of anchor borrowing programme introduced by the Nigerian Government.


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Table 2:- Comment on the easiness of the accessibility of the programme.

Options No. Interviewed Respondents Percentage


Very Easy 15 4 26.66%
Difficult 15 7 46.66%
Partial 15 2 13.33%
Unanswered 15 2 13.33%
Total 13 100%
Source: Fieldwork

From the above table, respondents who answer ‘difficult’ to the statement which says ‘Comment

on the easiness of the accessibility of the programme’ are the majority with 46.66%. This implies

that accessibility of the facility is very difficult. While those who responded by saying ‘very

easy’ came second with 26.66% respondents. This implies that, some people find it very easy to

access the facility. Also those respondents as ‘partial’ have the least percentage of 13.33%

respondents. This means that, to some is neither easy nor difficult. Furthermore, 13.33% of the

respondents did not make any comment.


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Table 3:- Do you think the Muslims are participating in the programme as they should?

Options No. Interviewed Respondents Percentage


Yes 15 12 80%
No 15 1 6.7%
Partial 15 2 13.3%
Total 15 100%
Source: fieldwork

From the table above, respondents who answer ‘yes’ to the question ‘Do you think the Muslims

are participating in the programme as they should’ are in the majority with 80%. This implies

that, Muslims participate in the anchor borrowing programme as they should. Being that the area

of study (Bauchi in the North-East and Jigawa in the North West) are predominantly dominated

by the Muslims. However, those who responded by saying ‘No’ to the question, came second

with 13.3% respondents. This means that, they are neither participating as they should nor

participating as they should. 6.7% respondents go to those who said ‘No’. Meaning that Muslims

are not participating in the anchor borrower programme.


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Table 4:- What do you think are the reasons limiting their participation in the

programme?

Response No. Interviewed Respondents Percentage


Interest (usury)/Cheating/Fraud 15 10 66.67%
5%/20% equity contribution 15 1 6.67%
Unanswered 15 4 26.66%
Total 15 100%
Source: Fieldwork

From the table above, respondents who mentioned Interest/cheating and fraud to the question

‘What do you think are the reasons limiting their participation in the programme?’ have the

highest percentage of 66.67%. This implies that, interest, cheating and fraud are limiting the

participation of the Muslims in the programme. This corresponded with what a group of people

have said when I had the opportunity to chat with them on the issue. They said apart from the 9%

interest to pay during refund, there is also a kind of fraud and cheating in the process, they will

buy the product at a cheaper price and they give low quality materials with exorbitant price.

However, unanswered, take 26.66% respondents. 6.67% respondents mentioned 5% equity

contribution as the reason limiting the participation of the Muslims in the programme.
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Table 5:- Do you think their reason for refusal to participate in the anchor borrowing

programme is valid in the light of the teachings of Islam.

Options No. Interviewed Respondents Percentage


Yes 15 8 53.33%
No 15 5 33.33%
Partial/I don’t know 15 2 13.34%
Total 15 100%
Source: Fieldwork

From the table data, respondents who answer ‘yes’ to the question ‘Do you think their reason for

refusal to participate in the anchor borrowing programme are valid in the light of the teachings of

Islam’ are in the majority with 53.33%. This implies that, Muslims who refused to participate in

the anchor borrower programme had basis in the light of the teachings of Islam. Interest, fraud

and cheating are all prohibited in Islam. Normatively, they are prohibited by a number of

Qur’anic verses and the traditions of the Prophet Muhammad (SAW). However, those who

responded ‘No’ to the question, have 33.33% respondents. Meaning that, those who refused to

participate in the programme there reasons are not valid in the light of the teachings of Islam.

Those who responded by saying ‘they don’t know or partial’ scored 13.34% respondents.

Meaning that they don’t know the stand of Islam on the programme.
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Table 6:- Do you think the anchor borrowing programme has the potentials to impact

positively on the lives of the Muslims?

Options No. Interviewed Respondents Percentage


Yes 15 14 93.33%
No 15 - -
Partial 15 1 6.67%
Total 15 100%
Source: Fieldwork

From the table above, respondents who answer ‘yes’ to the question ‘Do you think the anchor

borrowing programme has the potential to impact positively on the lives of the Muslims?’ are in

the majority with 93.33%. This implies that, the programme has the potential to impact

positively to the lives of the Muslims if properly executed. However, those who comment

‘partially’ have 6.67% respondents. This implies that, it may impact positively on the lives of the

Muslims and it may not.


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Table 7:- is the programme so far impacting positively on the life of Muslims since

inception to date?

Options No. Interviewed Respondents Percentage


Yes 15 14 93.33%
No 15 1 6.67%
Unanswered 15 - -
Total 15 100%
Source: Fieldwork

From the table above, respondents who answer ‘yes’ to the question ‘is the programme so far

impacting positively on the life of Muslims since inception to date?’ have the highest percentage

of 93.33%. This implies that, the programme has impacted positively on the lives of the

Muslims. This goes with the statement made by the President of the Federal Republic of Nigeria,

President Muhammadu Buhari, who said ‘Muslims that participated in anchor borrowing

programme have benefited. But unfortunately, they are adding more wives and others are

travelling to Saudia Arabia for Hajj, instead of them to wait and improve more on their lives.’ In

addition, also the Rice Farmers Association, counting their blessings as the year comes to an end,

confessed that “they have been transformed from poverty to wealth.” They said this at a Gala

Night organized by Rice Farmers Association in honor of Anchor Borrowers Programme

beneficiaries, at the State Banquet Hall, Abuja, through their Chairman Mr. Goronto. In turn,

they announced the contribution of hundred naira each, amounting to N1.22 billion to boost

presidential campaign of 2019 Buhari/Osinbajo.


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Item 8:- What suggestions do you have for the improvement of the programme generally?

From the data collected, the respondents are given suggestions like: supply of agricultural inputs

in good time. Most times, they bring the inputs when the season is rounding up. At that time, the

inputs are late, and they are of no use. And that discourage some of the farmers from partaking in

the programme. This has gone in line with what Wheat Farmers Association of Nigeria (WFAN)

lamented through its chairman, Muhammad (28)

“what it called lateness in accessing the Central Bank of Nigeria (CBN) inputs

intervention under the Anchor Borrower scheme. The association said has been an

annual occurrence, which it says has been affecting wheat farming over the years.

The chairman of the association added that wheat planting has a time frame that

farmers must adhere to, which delay in meeting with planting period will amount

to low yield or a total loss of produce”

Removal of 5% equity contribution: The respondents also suggested that 5% equity

contribution has to be removed. Because some farmers want to participate, but they don’t have

that 5% to deposit in to their account before the disbursement of the funds. Failure to deposit that

percentage, will lead to denial to participate in the programme, and that is a set back to the

programme.

Train the beneficiaries before the disbursement of the fund/facilities and the

commencement of the programme: The beneficiaries have to undergo a training of what to do,

how to do and the rest, before they embark on the programme. That is why some people

collected the facilities will end up diverting it to something else that will not yield anything, and

when it is time for refund, it will be a problem. And with this attitude, the aim of the programme

will be defeated. But from the Anchor Borrowing Programme guidelines, it was indicated that,
104

training and issues of certificate, is one of the requirements. But it was found that the training is

only mention but not executed.

The respondents also by saying, the government should use its institutions in distributing

this facilities so as to reduce cheating and fraud. A committee has to be set comprising

government officials, officials of the financial institutions, and Farmers group leaders to

participate in the purchase and distribution of the inputs.

Item 9:- What suggestions do you have for the improvement of participation of Muslims in

the programme?

From the data collected, they suggested that, the interest (riba) should be removed in its entirety.

Islamic scholars should be involved in the enlightenment and participation of Muslims in the

programme.

Table 10: How did you get to know about the anchor borrowing programme?

Options No. Interviewed Respondents Percentage


Through Media 15 3 21.4%
Through 15 9 64.3%
Group/Cooperative
Through Friend 15 2 14.3%
Unanswered 15 1 -
Total 15 100%
Source: Fieldwork

From the table data, respondents who answer ‘through group/cooperative’ to the question ‘how

did you get to know about the anchor borrowing programme’ are in the majority with 64.3%.

while only 21.4% answered through media, with 14.3 through friend. However, Central Bank of

Nigeria did ‘not do enough awareness regarding the programme.


105

.3. 2. DISCUSSION II

9% Interest/usury, 5% equity contribution and cheating/fraud are what limited the participation

of the Muslims in the Anchor Borrowing Programme. This corresponded with what a group of

people have said during Focas Group Discussion. They said apart from the 9% interest to pay

during refund, there is also a kind of fraud and cheating in the process, they will buy the product

at a cheaper price. Also they give low quality materials with exorbitant price. Their claim has

gone along with Anchor 8 which stated that “The Participating Financial Institutions shall access

at 2% from the CBN and lend at a maximum of 9% p.a.”

In Bauchi state, at the inception of the programme, about 63, 000 people indicated

curiosity to participate in the programme. But when they noticed interest (riba) in the

programme, only less than 20,000 people became willing to participate. Therefore, the

Government of Bauchi state paid the interest rate, those who withdrew, returned and participated,

believing that government is paying the interest and they don’t have any evil in the sight of God.

But that is wrong in Islam riba is riba, whether individual, group or government, as it shows in

the theoretical frame work. “The prohibition of riba applies equally to the loans obtained from or

extended to Muslims as well as non-Muslims. There is no distinction between Muslims and non-

Muslims, or between individuals and states with respect to the receipt and payment of interest.

Therefore, the prohibition of riba has universal application.” This is consistent with Islam being

a universal religion that preaches the unity of mankind and the equality of all individuals,

irrespective of their sex, color, nationality or faith.

However, as it shows in the theoretical frame work. “The prohibition is explicitly

mentioned in four different revelations (Surah) of Qur’an (2:275-76, 2:278-279, 3:130, 4:161 and

30:39)”.
106

The research also found out that the central Bank of Nigeria did not do enough awareness

regarding the programme. Lack of wider enlightenment and involvement of religious scholars

made some farmers particularly Muslims not to participate in the programme. Those who refused

to participate in the programme; they don’t have detail knowledge of the programme. That is

why, they only look at the interest side and concluded not to participate. However, an Islamic

scholar Sheikh Ibrahim Khalil Kano opined that, the programme is halal, and the 9% interest

was not an interest (riba). It will be considered as administrative charges. Because, the

Participating Financial Institutions (banks) collected the money from the Central Bank, and

disbursed it to the farmers. They are also part of the Project Monitoring Team. They go to the

field to monitor the execution and processes of the farming. Therefore they deserved something

for that job. During the life time of the Prophet Muhammad SAW, he had a contract with people

of Khaibar about their land. “The Prophet concluded a contract with people of Khaibar to utilize

the land on the condition that half the products of the fruits or vegetable would be their share…”

(Bukhari 521).

In another hadith, reported by Ibn Umar, that Allah’s apostle gave the land of Khaibar to

the Jews on the condition that; they work on it and cultivate it, and are given half of its yields.”

(Bukari 524”. The above quoted ahadith, shows that, borrowing and paying with farm products is

not a new thing in Islam. Since the prophet collected their land, and pay them with

fruits/vegetables as their share. He also pay them double (half) of the produce, one –third and the

like depending on the agreement. From the theoretical frame work, the programme looks like

mudaraba process. Qureshi says “Mudarabah, in legal terminology, is a contract in which

certain property or stock (Ras al - mal) is offered by the owner or proprietor (Rabb al - mal) to

the other party to form a joint partnership in which both parties will participate in profit. (7-24).
107

The bank is giving the money to those that have farming experience. The Small Farmers

will collect the money and boost their production capacity, which at the end of the period or after

harvest, they will pay what they collected with product equivalent to amount collected, with only

9% profit, popularly known as interest/usury. Banks with capital and farmers with experience

partner together and invest. However, if the programme is followed strictly according to the set

guideline, the 9% interest will not be looked at as interest. Because, it shows in the theoretical

framework that “A mandatory training programme shall apply for farmers that will participate

under the ABP covering; Farming as a business, Improved agricultural practices, Group

management dynamics. The cost of such training shall be borne by the participating anchor”

therefore, even the training alone can go with 9% charges.

The research has showed that, Muslims participated in the programme. They are limited

from participating in the programme as a result of interest, cheating, fraud, 5% equity

contribution, and lack of full knowledge and enlightenment of the programme. This contradicted

the statement of Khan 9 who claimed that “the Muslims societies have placed a low value on

wage-labor. Instead, they have always encouraged self – employment or such forms of business

as shirkah or mudarabah. It was the capitalist mode of production which, for the first time in

human history, made large chunks of population dependent on capitalists for their livelihood”.
108

CHAPTER SIX
SUMMARY OF FINDINGS, CONCLUSION, AND RECOMMENDATIONS.

This chapter, focuses on the summary and conclusion on the findings of this study,

recommendations and suggestions are also made to both the farmers, banks and government in

general as well as the researchers who may wish to carry out this study in some other part of the

country or world in general. Contribution to knowledge and works cited were also captured in

the chapter.

6. 1 SUMMARY OF FINDINGS

The research reveals that:

1. Muslims are aware of the Anchor Borrowing Programme of the Federal Government of

Nigeria but the programme is not fully understood.

2. Muslims participate in the anchor borrowing programme of the Federal Government. It

indicates in the records given by the banks and various ministries of agriculture.

3. Nine percent Interest, five percent equity contribution and cheating (by way giving

substandard materials at high rates) limit the participation of the Muslims in the anchor

borrowing programme.

4. Muslims’ reasons for not participating in the Anchor Borrowing Programme is in the light of

Improper understanding of the teachings of Islam.

5. Government involvement in the programme, corrupted the process and leads the programme

to collapse. As up to today, more than 80% of the beneficiaries did not refund their money,

neither the product.

6. The agricultural inputs were not supplied in good time, until when the season is rounding off.

At that odd time, if supply is made, it will have less value to the farmer.
109

7. The research also found that the Anchor Borrowing Programme has the potential to impact

positively on the lives of Muslims, if properly executed.

6. 2 CONCLUSION

From the findings of the research, the following conclusions are drawn:-

Muslims are participating in the Anchor Borrowing Programme largely due to necessity. Thus in

spite of the interest or usury in policy as well as various forms of cheating and fraud in the

implementation process, Muslims lacking any alternative, participate in the programme for

greater productivity .

The Muslims are fully aware of the programme. They heard of it through various ways,

which includes; electronic Media (Radio, Television cables), print Media like newspapers, group

or cooperatives and others through friends. But details of the programme remained unknown to

them.

Nine percent Interest/usury, cheating, fraud, and 5% equity contribution are the basic reasons

that limited the full participation of the Muslims in the programme. But after careful study of the

programme, it shows that, no any prohibition in the programme. Because the 9% charges are

administrative charges for the services rendered by the banks, Project Monitoring Teams, take

off agents. Also on the issue of risk and sharing of loss and profit. In case of loss. After careful

study of the incidence and find out that is not out of negligence, CBN will pay 50% while your

Financial Institution will pay 45% and the beneficiary will forfeit his 5% equity contribution.

Moreover, it is out of the profit, that the beneficiaries will pay the 9% interest.

The Anchor Borrowing Programme can be said to have impacted positively on the lives of

those Muslims that participated in the programme actively.


110

The research found that majority of the participants of Anchor Borrowing Programme are not

farmers. Government officials and Politicians politicized the programme by bringing in their

family members, friends and loyalist. That is why majority of the banks withdrew from the

programme right from inception. That is also the reason why more than 80% of the beneficiaries

did not yet make a refund. Those that collected the money thought it is a national cake, where

everybody can take his cut.

6. 3 RECOMMENDATIONS

After careful studies of the available relevant materials, both circular and religious documents.

And also going to the field and conducting the interview. The research was able to come out with

the above data. It is in view of that, the following are considered recommendations.

1. The central Bank of Nigeria should provide a way of enlightening citizens through the use of

religious leaders. That will earn more value to the programme. And Muslims will participate

actively as they should.

2. Although, the Muslims participated in the programme, the CBN should find a way of

simplifying the process involved in applying for the programme. That will boost the participation

of the Muslims and the set objective will be achieved maximally.

3. Much so, the name interest should be removed and substituted with the term use

Services/utility charges. That will be more appropriate and will not bring any confusion.

However, the research recommended solution better than renaming the nine percent (9%) is that

offered by Bauchi State Government to paying off the interest charges and allowing the

beneficiaries paying off the only capital. Furthermore, 5% equity contribution should be either

reduce or completely remove from the process. That will increase the number of participants in

the programme. As for the cheating, CBN or Participating Financial Institution in conjunction
111

with Ministries of Agriculture should be the one to supply the Agricultural inputs so as to get the

standard and quality tools for farming.

4. Assumption of the defaulting participants is that, the programme is not in line with teachings

of Islam. In view of that, seminars, workshops, and training have to be organized, by inviting

prominent Islamic scholars to deliver talks. However, the lecture should be publicized through

the media.

5. Central Bank of Nigeria should revisit its guideline and remove state governments as anchors.

That will sanitize the process and allowed other banks to participate. That will also reduce the

level of loss that CBN may likely incur.

6. Central Bank of Nigeria, Participating Financial Institutions and Project Monitoring Team

should make sure that, the agricultural inputs are supplied in good time to the farmer for the full

scale use of the tools. That will help the product to germinate quickly and yield good product.

7. Central Bank of Nigeria should continue to be increasing the funds to the Anchor Borrowing

Programme. Due the fact that, the programme is impacting the live of citizens, particularly the

Muslims.

6. 4 LIMITATION OF THE STUDY

The research is limited with the following problems;

1. The research being on a very contemporary issue, it was not possible to have enough

literature for review.

2. The programme is a national programme which covered the whole country. Ii was not

possible to reach all the states. But chose only Bauchi in the North – East and Jigawa in

North – West.
112

6. 5 SUGGESTION FOR FURTHER RESEARCH

The world is dynamic not static, therefore, the study is limited to Bauchi in North East and

Jigawa in North West. The following suggestions are made for further researchers who may wish

to carry out the like of this study:

1. A research should try to relate the same study to other states within the Zone.

2. A research can also do a comparative study for the North Central and South West and

find out whether the Muslims are participating in the programme or not.

6. 6 CONTRIBUTION TO KNOWLEDGE

The research investigates the participation of the Muslims in the Anchor Borrowing Programme

of the Federal Government of Nigeria. Whether they are participating or not. If they are not

participating, what limited them from participating? However, the research found that Muslims

participated in the programme but not as they should, because some challenges discourage them

from participating. The main challenge is the fear of interest/usury which is absolutely prohibits

in Islam.

This research has positively contributed to knowledge by clarifying the understanding

that the interest charges in the case of ABP is in reality utility charges and not usury.

The research has attempted to show that ABP is closer to the permitted transactions

referred to Islamic economic as Mudarabah rather than the prohibited usury/interest (riba)
113

WORKS CITED

Ali, Yusuf. The Holy Qur’an Text, Translation and Commentary, The Islamic Foundation, 1934

Ahmad, Kashif-ur-Rehman, Humayoun, “Islamic Banking and Prohibited of Riba/Interest”


African Journal of Business Management, March 2011.

Al-Baihaqi Sunnan al kubra, Beirut, Darul Fikr ND

Al-Daraqutni, Ali bn Umar. Sunan, Cairo, Darul Mahsin ND

Anwar, M., Modelling Interest-Free Economy, International Institute of Islamic Thought, 1987.
Ariff, M., "Towards a Definition of Islamic Economics: Some Scientific Considerations", Jeddah,
(2:2), Winter 1985

Al-Sadr, M. B. “Iqtisaduna: Our economics.” Tehran, Iran World Organization for Islamic
1983.
Attia, G. E. Towards realization of the higher intents of Islamic law. (N. Roberts, Trans.). IIIT. B
2007.
Ayub, Muhammad, “Difference Between Interest and Trade Profit” Al-alim Journal vol. 2
January, 2012
Bukhari al-Jami’u Sahih NP, ND
Doi, Abdulrahman I. Shariah: The Islamic Law, ND

Development Finance Dept. CBN Anchor Borrowers’ Programme Guidelines, Dec. 2016

Darazo, Zubairu Sulaiman. Understanding Takaful (Islamic Insurance) In Nigeria. International


Pte Limited, 2015

Elgari, Mohammed Ali “Ethics and Economics – an Islamic Perspective”    Alim Journal, 7
Annual World Takaful Conference, 16 & 17 Vol. 2 April, 2012. pp 16 – 18

Hasan. Zubair, Theory of Profit: the Islamic Viewpoint, IRIE, Jeddah, (Vol. I: l), 1983.

Hasanuzzaman, S.M. “Definition of Islamic economics.” Journal of Research in Islamic


Economics, Vol. 1(2), pp 49-50. (1984).

Huq, Ataul “Economic Integration as a Strategy of Development of the Muslim Countries under
the Islamic Framework”, (typescript), Nigeria: Sokoto University, February 1985.
114

Ibn Taymiyya, Public Duties in Islam, translated by M. Holland, Leicester: The Islamic
Foundation, 1982.

Ibn Hambal, Surat al Nabi, Darul Fikr

Ibn Majah Sunan

Keynes J. M. The General Theory of Employment, Interest and Money, London ND

Khurshid, Ahmad M. A. (edited) Islamic Economic System, Islamic publication, ND

Khan, Muhsin M. ‘Sahih Bukhari’ English Translation NP, ND

Khan, M. Akram, Islamic Economics: The State of the Art in Challenge of Islamic Economics,
Lahore: All Pakistan Islamic Education Congress, 1986.

Khan, M. Akram, Economic Growth and Development in Islam, The Search, (6), Winter 1985.

Khan, Muhammad Akram. An Introduction to Islamic Economic. 1994

Koran, Timur, The Economic System in Contemporary Islamic Thought: Interpretation and
Assessment, JJMES, 1986.

Nienhaus V., Islamic Economics - Policy between Pragmatism and Utopia, Economics,
Tubingen, (25), 1982.

Nienhaus, V, Monetary, Social and International Economics: Some Thoughts on the Islamic
View, Tubingen, 1983,

Naqvi, Syed M. Imran Haidar, Kausar Abbas, Adeel Ahmad. “Riba Free Loan in Islamic
Finance; Key to Social Development and Welfare”. European Online Journal of Natural
and Social Sciences 2016.
Accessed 15/05/2019

Qureshi, D.M., Mudaraba and its Modern Applications, JIBF, Karachi, (2:1), January 1985.

Ruxton, F. H. Maliki Law, Luzac and Company, 1978

Muslims, Imam. Sahih Muslim Vol. 1 -5. (Translated by) Abdulhamid Siddiqi, Kitab Bhavan,
New Delhi, 1977.

S. M. Hasanuz “Definition of Islamic Economic” J. Res. Islamic Economic., Vol. 1, No. 2, pp.
49-50 ND

Sardar, Z., Science, Technology and Development in the Muslim World, Croom Helm, 1977.
115

Siddiqi, M. N. An Islamic Approach to Economic Development, The Muslim Institute for


Research and Planning, June 1979.

Siddiqi, Muhammad Nejatullah “An Overview of Public Borrowing in Early Islamic History”,
Islamic Research and Training Institute Journal, Vol. 2, No. 2 Muharram 1416 (June
1995) pp 61 – 78.

Taskhiri, A. M. Islamic economy: Its ideological and legal foundations. Message of Thaqalayn,
2 (3 & 4), 117 – 132, 1996

Tanko, Yahaya A Brief About Business in Islamic Banking. (On the Basis of Shariah and
Jurisprudence), Darul Ummah For Publishing Agency, 2011

Usmani, Mufti Muhammad Zubair, “The concept of Mudarabah”, Al-alim Journal” vol. 2,
January, 2012.
Wallace, Tina Review of African Political Economic.Taylor and Francis Limited, 1974 - 2011

Weiss, Dieter. Towards an Islamic Economy, Tuhingen, (33), 1986.

World Bank Project Completion Report, Bauchi State Agricultural Development Project Loan,

1981 UNI, 1992

Zarqa, M. Anas, "Capital Allocation, Efficiency and Growth in an Interest free Islamic
Economy", Journal of Economics and Administration, Jeddah, (16), Nov 1982.

Zaman, A Re-defining Islamic economics. In T. Egri and N. Kizilkaya (Edited.), Islamic


Economics: Basic concepts, new thinking and future directions, UK: Cambridge Scholars
Publishing. 2015. pp. 58-76.

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