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Introduction
Prohibition of Riba and Gharar are core concepts of Islamic economic
and financial law. All transactions and contracts must be free from
elements of Riba and Gharar apart from other Shari’ah prohibitions.
It is reported from Hazrat Ali (RA) that the Holy Prophet ص لىهللا عليه وسلم
has said:
“Every loan that derives any benefit (to the creditor) is Riba”
For example:
10 kg wheat with 15 kg wheat
05 grams gold with 06 grams
Riba Al fadl …contd.
Hadith prohibiting Riba-al-Fadl
Ubadah Ibn Al Samit narrated that the Holy Prophet (SA) said Gold for
gold, silver for silver, wheat for wheat, barley for barley, dates for dates,
and salt for salt - equal for equal and hand to hand; if the commodities
differ, then you may sell as you wish, provided that the exchange is hand
to hand. (Muslim)
Riba Al fadl …contd.
Under Riba al-fadl, the Holy Prophet, sall-Allahu alayhi wa sallam, has
identified six specific commodities i.e.
– Gold
– Silver
– Dates
– Salt
– Wheat
– Barley
Riba Al fadl …contd. (summarized)
If the transacted commodities are of If the transacted commodities are of
same nature then: different nature then:
Spot delivery – immediate delivery of Spot delivery – immediate delivery
both commodities of both commodities
Same quantity on both sides But the quantity may differ
Like exchange of wheat with wheat Like exchange of wheat with barley
Riba Al fadl …contd.
Imam Abu Hanifa sees two common characteristics in these six
commodities namely:
1) Weight or Volume
2) Exchange between similar commodities
Meaning all these six goods are sold by either weight or volume.
Therefore all those commodities, which are measured through either the
unit of weight or the unit of volume and are exchanged against similar
commodities will fall under the rules of Riba al Fadl.
For Example: 08 kg raisins with 10 kg raisins
50 kg rice with 60 kg rice
Arguments in favor of Riba (common myt
h) & their rebuttal...
A: It was not in the prevalent modern shape in those days.
Ans:
When some thing is prohibited, it is not directed to a particular form of it
but it covers every form which comes in its general sense, e.g. gambling
and pork, liquor and adultery are as Haram as they were in Jahiliya.
Arguments in favor of Riba (common myt
h) & their rebuttal...
B: Doctrine of necessity and wisdom requires to allow it.
Ans:
1) It does not, it is not at all a necessity in Shari’ah. And from economic
point of view also the modern interest has brought more problems to the
humanity than the premature forms of usury.
2) Necessity is acceptable where there is no alternative.
Arguments in favor of Riba (common myt
h) & their rebuttal...
Ans:
Only agreement is not sufficient e.g. adultery is not permissible in any
condition.
Arguments in favor of Riba (common myt
h) & their rebuttal...
D: Prohibited thing is interest and what commercial banks charge is “Mark-
up”.
Ans:
This is only change of name, not change of nature.
Any Questions??