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The
Qur'an and Riba
By Dr. Sayyid Tahir
(The Qur'anic Horizons: April-June 1996)
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(The
author is Professor of Economics at the International Institute
of Islamic Economics, International Islamic University, Islamabad.)
(The author is grateful to Atif Waheed and Hakeemullah Khan for
their help
in the preparation of this paper.)
The
word riba occurs in the Qur'an in ayaat 275, 276 and 278 of Surah
Al-Baqarah, 130 of Aal-e-Imran, 161 of Al-Nisa, and 39 of Al-Room.
Traditionally, these ayaat are studied in their textual order.
Thus the analysis of riba starts with a tafseer of the ayaat of
Al-Baqarah. Two things are noteworthy in this regard: (a) there
is an enblock discussion of Al-Baqara 2:275-281, and (b) virtually
all matters relating to riba and interest are discussed at length
and concluded here. The issues arising out of the ahadith on riba
are also covered. With the final conclusions thus drawn, the ayaat
of Aal-e-Imran, Al-Nisa, and Al-Room get progressively less and
less attention from the scholars.
This paper offers a break from the above tradition. It follows
a chronological approach to study the ayaat on riba. That is,
the various ayaat are studied in their order of revelation. Some
obvious advantages of this approach are as follows. First, it
can improve our understanding of the general background and the
circumstances in which these ayaat were revealed. Second, it may
bring to the fore the various developments in the process of the
elimination of riba during the lifetime of Prophet Muhammad (SAW).
Third, it clarifies the total picture about the injunctions of
riba. As may be seen, all these points are essential for a proper
interpretation of the injunctions of riba in the Qur'an and Sunnah.
The Qur'an is the spoken Word of Almighty Allah (SWT). It has
many chapters, sections, paragraphs and sub-paragraphs. Thus,
it is essential that every ayah should be read along with its
companion ayaat in order to fully understand the message in the
Qur'an. Looking at an ayah or a pair of ayaat in isolation may
be okay, but it is certainly not ideal. This study, unlike other
works on riba, also draws the readers' attention to complete passages
in which the various ayaat occur.
In the English translation of the various ayaat, the punctuation
is chosen to communicate the message of the Qur'an for the non-Arabic
speaking audience. The goal of comparison with the original text
is addressed by inserting the ayah number in the translation at
appropriate places.
This paper has a limited objective, namely how to understand the
various ayaat per se. Due to space limitations, the issues of
definition of riba, relation between the ayaat on riba and the
ahadith on the subject, and so on, are not discussed here. However,
some references to these matters are given in the final section
of the paper.
I. The First Revelation on Riba
The first revelation on riba is Al-Room 30:39, which is a Makki
Surah. According to Maulana Abul A'ala Maududi (Tafheem-ul-Qur'an,
Vol. 3, pp. 726-7), its time of revelation is 5 years before the
Hijrah of the Prophet (SAW).
Maulana Amin Ahsan Islahi (Tadabbur-e-Qur'an, Vol.6, pp. 90-100)
notes that the ayah 39 is a part of the message starting with
the ayah 30.1 In this ayah the Prophet (SAW) and, by implication,
all Muslims are advised to become single-minded about Islam as
the way of life. For this purpose, the suggested line of action
is
(i)
development of Allah-consciousness (Al-Room 30:31)
(ii) extreme caution against shirk __ attributing partners to
Allah (SWT) (Al-Room 30:31-32)
(iii) establishment of Salat (Al-Room 30:31)
(iv) spending on one's near-relatives, the destitute, and the
wayfarer (Al-Room 30:38), and
(v) caution against riba (Al-Room 30:39).
In this perspective, the ayah 39 reads as follows:
And the riba-based investments on your part, in order to increase
your wealth on the basis of other people's (i.e., the borrowers')
assets, do not increase from the point of view of Allah. However,
rest assured about the acceptance of what you give by way of Zakat
for the sake of Allah; those who give Zakat are the ones whose
net worth increases manifold with Allah. (Al-Room 30:39)
This ayah is a complete message in itself. It contains an indirect
reference to the undesirability of riba. In it, the word riba
appears in the perspective of lending, and Zakat in the general
sense of sadaqaat or infaq __ charitable and other expenditures
for the sake of Allah (SWT). 2 Recalling that in the Makki period
the foundations of the Islamic society were being laid down, this
communication style and the implied guidelines served this purpose
very well.
II. The Second Revelation on
Riba
The specific ayah on this occasion is Al-Nisa 4:160; its companion
ayaat are Al-Nisa, 161 and 162. According to Maulana Amin Ahsan
Islahi (Tadabbur-e-Qur'an,Vol. 2, pp.415-26), these ayaat are
a part of Al-Nisa 4:153-162. The circumstances at the time (e.g.,
the expulsion of Bani Qainqa' from Madinah in Shawwal 2 A.H) and
the text of these ayaat imply that they were revealed quite early
in the Madani period.
In Al-Nisa 4:153-162, Allah's kalaam (Word) is in response to
a provocation by the Ahl al-Kitaab (the Jews of Madinah in this
case) whereby they sought through the Prophet (SAW) the revelation
of a book directly from the Heavens exclusively for themselves.
Almighty Allah (SWT) did not respond to this request, but observed
that they belonged to the same lot who wanted to seem Him (SWT)
during thetime of Prophet Musa (AS), and then went to disobey
Him (SWT) time and again. After this, Allah (SWT) recounts the
major crimes of the Jews, which invited His wrath on them. In
this perspective, the ayah 160 and its companion ayaat 161 and
162 are as follows.
We (i.e., Allah) decreed many a previously permitted things haram
for the Jews, because:
i) they did zulm;
ii) they stopped others from the Way of Allah in virtually all
matters (Al-Nisa 4:160);
iii) they charged riba despite being forbidden to do so; and
iv) they ate into the wealth of others without any Shari'ah justification.
And, We have prepared a painful doom for these disobedient persons
(Al-Nisa 4:161). However, We will give a great reward to those
(among the Jews) who are clear-minded about the truth, without
a grain of doubt, and who believe in the Qur'an and all other
Revealed Books, establish Salat, give Zakat and believe in Allah
and in the Day of Judgement. (Al-Nisa 4:162)
These ayaat are self-explanatory. Though their immediate addressees
were the Jews of Madinah, in the general style of the Qur'an they
are also meant to bring the likes and dislikes of Allah (SWT)
to the attention of the Muslims.
III. The Third Revelation on
Riba
This revelation consists of Aal-e-Imran 130-136. Among these ayaat,
the ayah 130 is the principal ayah, and the remaining six ayaat
reinforce its message. According to Maulana Amin Ahsan Islahi
(Tadabbur-e-Qur'an, Vol.2, pp. 167-234), these ayaat were revealed,
as a part of Aal-e-Imran 3:121-200, after the battle of Ohad that
took place in Shawwal 3 A.H. These ayaat are as follows.
O Believers, don't eat riba on top of riba.4 And, be afraid of
Allah so that you may be successful (Aal-e- Imran 130). And, be
afraid of the fire of Hell, which is prepared for the disobedient
(Aal-e-Imran 131). And, obey Allah and the Messenger (SAW) so
that you may benefit from Allah's Mercy (Aal-e-Imran 132). And,
rush toward the forgiveness of your Lord and the Paradise whose
boundary spans the heavens and the earth; it (the Paradise) is
prepared for the Allah-conscious. (Aal-e-Imran 133)
(As to who are the Allah-conscious, note that) They are the people
who spend for the sake of Allah in both good and bad times, who
control their temper and who forgive others. Surely Allah holds
such mohsineen very dear (Aal-e-Imran 134). Moreover, they are
the ones who, in the event of committing any mistake or anything
against their Al-Akhirah interests, remember Allah and seek His
forgiveness for their sins. After all, who is it except Allah
who can exonerate failings? Furthermore, they are the people who
do not insist on their mistakes knowingly. (Aal-e-Imran 135)
They (the Allah-conscious people) will be rewarded by their Lord
with forgiveness and gardens, with streams flowing underneath,
to live (forever). This is indeed an excellent reward (waiting)
for those who do good. (Aal-e-Imran 136)
Starting with the ayah 121, the entire text of Surah Aal-e-Imran,
including the ayaat 130-136, is a commentary on the events of
the battle of Ohad and its aftermath.6 Just on the way to the
battlefield, the chief of munafeqeen (hypocrites) Abdullah Ibn
Obaee and his followers deserted the Islamic forces. During the
battle too, the Muslims went through extremely trying moments.
Allah (SWT) used this battle to serve three important purposes
in the favour of this Ummah. First, the isolation of those who
harboured any misgivings about Islam, namely the munafiqeen (),
from the mainstream of the Muslims. Second, bringing to fore the
secret desires and designs of the munafiqeen and other adversaries
of Islam in Madinah by creating a false impression of Islam's
vulnerability. And third, identification of the potential sources
of weakness in the ranks of the Muslims in order to prepare them
for future responsibilities.
In the background of the battle of Ohad the ayah 130 and its companion
ayaat can be seen in many ways. Maulana Amin Ahsan Islahi (Tadabbur-e-Qur'an,
Vol.2, pp. 173-4) notes that the ayaat just preceding the ayah
130 were aimed at inspiring the belivers for Jihad. The ayaat
130-136 were meant to prepare the Muslims for infaq (material
sacrifices) in connection with Jihad. Allah (SWT) did so by first
prohibiting riba which, unlike infaq, is a materially beneficial
proposition for the wealthy. Then the belivers were aroused for
infaq in the ayah 134.
Maulana Muhammad Idris Kandhalvi (Ma'arif-ul-Qur'an, Vol.1, pp.
577-80) takes a different view. According to him, the disbelievers
of Makkah used to do ribawi business, and they utilized the proceeds
of the caravan that came from Syria (on the eve of the battle
of Badr) to finance the battle of Ohad. In this perspective, Allah
(SWT) advised the Muslims to stay away from ribawi business even
if it were to finance a battle against the disbelivers.
There is no doubt that the above purposes were served by these
ayaat. But, in fact, there was more to the matter. Though the
ayaat 130-136 were revealed along with the other above-mentioned
ayaat of Surah Aal-e-Imran, they constituted the formal prohibition
of riba for the Muslims. This point is also confirmed by internal
evidence in Surah Al-Baqarah 2:275. In this ayah Allah (SWT) declares
using past indefinite tense that bai' (trading) was permitted
but riba prohibited by Him (SWT). And, if one looks for this past
decree on riba, it is in Surah Aal-e-Imran 3:130. As to why Allah
(SWT) decreed the prohibition of riba immediately after the battle
of Ohad, a few points in this regard are as follows. Allah (SWT)
knows the best.
The battle of Ohad was preceded by 13 years effort on faith- and
character-building of Prophet's Companions in Makkah, and a similar
endeavor for 3 years in Madinah. By the time this battle was over,
the Companions had gone through two thoroughly rigorous and demanding
tests: one was that of the battle of Badr (Ramadan 2 A.H) and
the other was of the battle of Ohad. The credentials of the Companions
of the Prophet (SAW) as true believers __ who could withstand
all temptations and tribulations just for the Pleasure of Allah
(SWT) __ were fully established. Islam was to expand after the
battle of Ohad too. More trials were still awaiting the Muslims.
But nothing like the tribulations faced by the pioneering Companions
(RAA) were to come in the way of the new sahabah.
In the above background, one may claim that the Madani society
was literally purified at the time of the battle of Ohad. Moreover,
it was at a critical juncture when unconditional obedience of
Allah (SWT) and His Prophet (SAW) by the believers could be taken
for granted. This was, therefore, the most opportune moment for
the revelation of major injunctions calling for staying away form
material gains by the believers.
Another equally important factor behind the early prohibition
of riba is as follows. Salat, Saum, Zakat, and Hajj were prescribed
and perfected during the blessed lifetime of the Prophet (SAW).
The problem of riba with the associated declaration of all-out
war by Allah and His Prophet (Al-Baqarah 2:279) called for a similar
treatment. Elimination of riba required delineation of the contours
of the Islamic economic system while the Prophet (SAW) was among
his Companions (RAA).
Prohibition of riba also meant giving way to a radically different
system for mutual contracting, especially for mobilizing resources
from those with surplus funds to those in need of financial intermediation.
Anyone who is familiar with legislation processes would confirm
that such a monumental task could not be done in a short period.
This required sufficient time during which most of the practical
problems could come to fore and be satisfactorily resolved by
Allah (SWT) and His Prophet (SAW). The time-consuming nature of
the job required an early start.
In short, the right frame of mind of the Companions (RAA) and
the time required for the building of new institutions may be
construed as the main explanations for the prohibition of riba
by the end of 3 A.H, as per Aal-e-Imran 130.
The Arabic words used to describe the prohibition of riba refer
to "eating" of riba not "taking" or "charging"
riba.8 When something is eaten, it exhausts itself and there is
no chance of its return. On the other hand, if something is taken,
there is at least some probability of it being returned sooner
or later. Thus, indirectly, Allah (SWT) is referring to the nature
of riba: it involves a one-way flow from the giver to the taker
without a corresponding return flow from the latter to the former.
Some quarters take a lead from the phrase "eating riba on
top of riba" to conclude that only compound interest is prohibited,
not simple interest. Yet some others invoke the distinction between
usury and interest to limit the scope of the Qur'anic decree to
exorbitant interest rates. These points of views contradict both
common sense and the linguistic style of the Qur'an.
If Rs.100 are lent at a compound rate of 10% per annum for two
years, the borrower would be called upon to repay Rs.121 at the
end of the contract. The same goal can be achieved by the lender
by offering Rs.100 at the simple rate of 21%. What would be the
grounds for distinguishing between the two arrangements? Likewise,
the term "exorbitant rate of interest" is also arbitrary.
A 10% rate of interest may be exorbitant for one person while
21% may be normal for another depending on their respective financial
positions and prospective uses of funds.
All mufassireen are of the view that "doubling and quadrupling"
(or "riba on top of riba") has only a linguistic significance
in order to highlight the despicable character of riba. This point
is supported by the text of Al-Baqarah 2:22. After drawing the
attention of mankind to His creation and blessings, Allah (SWT)
says:
Literal meanings of this ayah are: "So, do not assign many
partners to Allah." It does not imply, by any stretch of
imagination, that one can ascribe a single partner to Allah (SWT).
The interpretation "don't go even close to riba" is
also supported by the text of Al-Baqarah 2:41. In this ayah, Bani
Israel are instructed as follows:
It means: "Don't seek a small price for My ayaat." Again,
this does not mean that there is room for charging a high price
for violating the injunctions of Allah (SWT). To sum up, therefore,
there is no room for confusing the meaning of riba with reference
to Aal-e-Imran 3:130. Whether simple or compound, riba is riba.
Let us now look at the other revelations on riba given in Surah
Al-Baqarah.
IV. The Fourth Revelation on
Riba
The fourth revelation on riba consists of Al-Baqarah 2:275-277.
In the text of the Qur'an, these ayaat are followed by four more
ayaat on riba, namely Al-Baqarah 2:278-281. And, as mentioned
earlier, generally mufassireen discuss all of them together. However,
the background and the tone of these ayaat confirm that in fact
the passage Al-Baqarah 2:275-281 consists of two sets of ayaat
revealed on two separate occasions (see below). Before looking
at the ayaat 275-277, it is worthwhile to note an important point
in the text of the Qur'an applicable to the entire block Al-Baqarah
2:275-281.
In the textual order of the Qur'an, the ayaat 275-281 are preceded
by the most comprehensive set of ayaat on infaq, i.e., voluntary
spending for the sake of Allah (Al-Baqarah 2:261-274), and followed
by an ayah containing exhaustive guidelines on daiyn, i.e., loans
and credit transactions (Al-Baqarah 2:282). While the relation
of the latter to the injunctions of riba is obvious, one may note
that the ayaat 261-274 serve as preface to the injunctions of
riba for all times to come until Doomsday.
In the ayaat 261-274, the believers are given compelling reasons
to go all out for infaq, and the principles and norms for this
purpose are prescribed. For example, the believers are told that
reward of spending for the sake of Allah is seven hundred times
or even more (Al-Baqarah 2:261). Moreover, spending for the sake
of Allah (SWT) should be free from (a) the quest for personal
glory, (b) causing any distress to the recipients, and (c) giving
out of unlawful and bad things (Al-Baqarah 2:262-267). The ayaat
on infaq close on the following note.
"Those who spend their wealth for the sake of Allah day and
night, secretly and openly, have their reward with their Lord.
They have nothing to fear and nothing to be sorry about".
(Al-Baqarah 2:274)
Among other things, these ayaat mentally prepare the readers of
the Qur'an for the injunctions of riba in the ayaat 275-281. After
this useful digression, let us look at Al-Baqarah 2:275-277. The
background of these ayaat is as follows.
Riba was prohibited by the end of 3 A.H according to
Aal-e-Imran 3:130. This decree clearly affected both taking and
giving of riba on new loans. But it also had implications for
riba on the then existing debts. The Companions (RAA) never missed
any opportunity for immediate, unconditional and total obedience
of Allah (SWT) and His Prophet (SAW). Therefore, it is certain
that soon after the decree of Surah Aal-e-Imran, they beseeched
additional guidance about riba on the existing debts. And, given
the level of their Allah-consciousness, it is quite likely that
some Companions (RAA) also approached the Prophet (SAW) with queries
about the riba charged in the past.
Another significant factor at the time was the role of the Jews
who used to deal in riba (Al-Nisa 4:161). They were part and parcel
of the Madani society when the Prophet (SAW) migrated to Madinah.
There were three Jewish tribes in Madinah: Banu Qainqa', Banu
Nudair and Banu Quraizah. They dominated the civic and economic
life of Madinah. The Ansaar were often indebted to them through
riba-based loans. The Jews had their reservations about Islam.
First friction and then hostilities followed. This lead to the
expulsion of Banu Qainqa'a toward the Syrian territories in Shawwal
2 A.H. Banu Nudair were exiled to Khyber, about 200 miles from
Madinah, in Rabi al-Awwal 4 A.H. Banu Quraizah were penalized
in Zi Qa'adah 5 A.H for their role in the battle of Ahzaab (Shawwal
5 A.H). This was followed by the battle of Khyber in Muharram
7 A.H. This sequence of events implies that one section of the
society actively resisted the rise of Islam in Madinah at least
until 7 A.H. Of course, it had the sympathies of the munafiqeen,
the other group in Madinah with nefarious intentions towards Islam.
By the end of 3 A.H, Islam had taken a clear-cut stand against
riba. One can see that the vested interests went on a counter-offensive,
both because of the fear of losing their clientele and because
of their grudge against Islam. Issues like mixing up of riba (on
a sum lent) with profits (on trading using the same money) can
be seen as part of the propaganda. Those who understand the nature
of psychological warfare would confirm that any propaganda campaign
works while the issue is still fresh in the minds of the people.
Thus, the circumstantial evidence suggests that as soon as Allah
(SWT) forbade riba (as per Aal-e-Imran), Jews and their sympathizers
in Madinah launched a war of attrition against Islam. It would
not be surprising if it confused some Muslims too. In the above
background, the ayaat 275-277 read as follows.
Riba-eaters will get up on the Day of Judgement like someone driven
to madness by the Devil with his evil touch. This will happen
because of their claim that (profit on) bai' (trading) is the
same as riba whereas Allah has permitted bai' but prohibited riba.
Whoever received the advice from his Lord (as per Aal-e-Imran
130) and (hence) stayed away from riba, his matter is with Allah
as far as riba charged in the past is concerned. That subject
should be treated as closed in this world. However, all those
who continue to charge riba in lieu of the outstanding debts,
they belong to the Hell where they shall live. (Al-Baqarah 2:275)
Allah mitigates riba and multiplies sadaqaat. Surely, Allah does
not like any thankless, sinner. (Al-Baqarah 2:276)
Verily, those who are believers and who do good deeds, establish
Salat and discharge Zakat obligations, they have their reward
with their Lord. They have nothing to fear or to be sorry about.
(Al-Baqarah 2:277)
The ayah 275 has both a comment on the doubts raised about the
nature of riba and some guidelines for action in lieu of riba
on existing debts. The issue drawing the most attention of the
people is addressed first.
Those favouring riba rested their case on riba being no different
from profits on bai' (trading). But in order to give a punch to
their claim and to ridicule the injunctions of Allah (SWT), the
provocateurs changed the order of comparison, and contended: "Bai'
is like riba." As in the case of repeated challenges from
disbelievers about the timing of Qiyamah, Allah (SWT) did not
directly respond to this provocation. He just observed that bai'
was permitted and riba prohibited.
The said observation is also a polite reminder for all concerned
that what matters in the case of riba is not return (or the rate
of return) on one's money, but the form of the transaction. One
form (i.e., trading) is permitted, but the other (i.e., interest-based
loans) prohibited. This being so at the discretion of Allah (SWT).
Both trading and loans carry risk __ trading risk in one case,
but commercial credit risk (of borrowers) in the other. Time too
is not critical, because loans may also have a very short duration.
Overnight lending in international financial markets is an example.
Nonetheless trading involves a heterogeneous exchange: money versus
some good, for example. On the other hand, a loan represents a
homogenous exchange. That is, in this case the items given and
taken back belong to the same category. Furthermore, the transfer
of ownership in a loan is only for the pendency of the loan, and
the lender is not a legal party to the use of the object lent
at the borrower's end. The nature of the exchange and these legal
dimensions distinguish loans from other transactions. Thus the
injunctions of riba prescribe the principles according to which
loan transactions are to be executed.
As noted earlier, the point "Allah has prohibited riba"
in the ayah 275 confirms that absolute prohibition of riba did
take place before this ayah. The ayah 275 goes on to give some
guidelines for the "elimination of riba" from the economy.
These include the abolition of riba clauses from the then existing
contracts. The choice of words by Allah (SWT) signifies two things.
First, once the riba decree (Aal-e-Imran 3:130) was given, all
riba calculations had to stop forthwith. Secondly, those wilfully
charging riba are promised an abode in the Hell because of their
denying the absolute and authoritative status of the ayaat of
the Qur'an __ the Word of Allah (SWT) Himself.
After the above point, Allah (SWT), Who created man and Who knows
his psyche, emphasizes some negative dimensions of riba and positive
aspects of sadaqaat. This is the focus of the ayah 276. How do
riba and spending for the sake of Allah affect the life at individual
and national levels? A detailed account of this issue requires
a separate study. However, one point may be just mentioned here
in order to inspire some thinking on the subject. From an economics
point of view, riba discourages investment and hence curtails
economic development. On the other hand, sadaqaat enhance aggregate
demand and hence augment economic activity.
The message is completed in the ayah 277 by drawing the attention
of the creation of Allah (SWT) to the road to ultimate success:
having Iman, doing good deeds in general, and establishing Salat
and Zakat in particular.
V. The Fifth Revelation on Riba
The fifth revelation on riba consists of Al-Baqarah 2:278-281.
These ayaat have a complex background. Its proper appreciation
is essential both for the correct understanding of these ayaat
as well as for avoiding any questionable propositions about riba
(see below).
The above ayaat can be put into a proper perspective by first
noting that, with the revelation of Aal-e-Imran 3:130 and Al-Baqarah
2:275-277 in the Qur'an, the necessary legislation on the subject
of riba was complete. And this happened toward the end of 3 A.H.
These ayaat are with reference to loan transactions. This point
is also confirmed by Al-Baqarah 2:279. As explained elsewhere,
the above decrees also called for further action in order to bring
other exchange practices (comparable in nature to loan transactions)
in line with the Qur'anic commandments.9 This purpose is served
by the guidelines prescribed by the Prophet (SAW) for trading
practices. The ahadith of Sayyidena Fudalah Ibn Obaid, with a
mention of the battle of Khyber, confirm the existence of such
injunctions in Muharram 7 A.H.
There was nothing unusual about the practice on the above injunctions.
All the Prophet's Companions observed them. If, however, someone
unwittingly made a mistake and it came to the attention of the
Prophet (SAW), he would simply correct the error. Everything was
normal until after conquest of Makkah, which took place on 20th
Ramadan, 8 A.H.
The conquest of Makkah was followed by the battle of Hunain on
6th Shawwal, 8 A.H. Immediately thereafter, Bani Thaqeef were
besieged in Taif by the Islamic forces. The siege lasted for two
weeks. The Prophet (SAW) did not press for military defeat of
Bani Thaqeef. He returned to Madinah, via Makkah, after appointing
Attaab Ibn Aseed (RAA) as Governor of Makkah.
In Ramadan 9 A.H, a delegation of Bani Thaqeef visited Madinah
with Abdyaleil as its head. The delegation presented several demands
for embracing Islam. One of these was permission for business
involving riba. The Prophet (SAW) did not grant this request.
Though some of them did embrace Islam, the delegation itself returned
after concluding a general peace agreement with the Prophet (SAW).
Bani Thaqeef gradually entered the fold of Islam, and all of them
became Muslim by the Last Pilgrimage (Hajj al-Wida' )in Zil Hijjah,
10 A.H.
The incident leading to the revelation of the ayaat 278-281 involved
Bani Amr Ibn Omair __ a Thaqeef family __ and Bani Al-Moghirah
__ a family of Bani Makhzoom of Makkah. The following details
are provided by Allama Badruddin Aynee in Omdatul Qari: Sharah
Sahee Bukhari:
Zaid bin Aslam, Ibne Juraij, Muqatil bin Hayyan and Suddee reported
as follows.10 The ayah 278 and its related ayaat were revealed
in the context of a controversy between Bani Amr bin Omair of
Bani Thaqeef and Bani Al-Moghirah of Bani Makhzoom. It so happened
that Bani Amr and Bani Al-Moghirah had some riba deal between
them during the days of Jahiliyyah (i.e., before embracing Islam).
When Islam dawned, both families became Muslim. However, when
the time of maturity of the said deal came, Bani Amr of the Thaqeefs
demanded riba. There was a heated argument. Bani Al-Moghirah refused
to pay riba on the ground that it was abolished by Islam. The
matter came before Sayyidena Attaab bin Aseed (RAA), the Governor
of Makkah. He sent a written request to the Prophet (SAW), who
was then in Madinah, for a decision. Thereupon, the ayaat under
reference were revealed. The Prophet (SAW) wrote to him:
Upon hearing this judgement, Bani Amr said: "We turn toward
Allah, and give up the riba due in our favour." Thereafter,
all of them gave it up.
According to Tafsir-e-Mazhari (Urdu, Vol.2, p.105), Abu Y'ala
reports the above incident in his Masnad on the authority of Kalbi
and Abu Saleh; the latter attributed his narration to Abdullah
Ibn Abbas (RAA). Qurtubi (Tafsir Al-Qurtubi, Vol.3, p.363) also
reports this incident with reference to Ibn Ishaq, Ibn Juraij,
Suddee and others. In the narrations of Abu Y'ala and Qurtubi,
Bani Amr are said to rest their case on a permission from the
Prophet (SAW) whereby Bani Thaqeef were allowed to continue to
charge riba in return for becoming Muslim. As noted above, this
was not the case. This is also unlikely for the following three
reasons.
First, Bani Thaqeef signed their peace agreement in 9 A.H, the
same year in which Prophet (SAW) concluded another pact with Bani
Najran. This latter treaty explicitly requires discontinuation
of riba practices by Bani Najran as a condition for peace. It
is noteworthy that Bani Najran did not embrace Islam.
Second, Surah Al-Kafiroon is a testimony to the fact that the
Prophet (SAW) never compromised with non-Muslims on the fundamentals
of Islam even in the worst of times. How could the Thaqeefs be
an exception in the heyday of Islam?
Third, Bani Amr are addressed as Muslims in Al-Baqarah 2:278.
Acceptance of Islam automatically brought them under the purview
of the Qur'anic injunctions on riba. There is not a single instance
in which the Prophet (SAW) exempted Muslims from an order in the
Qur'an.
In view of the above, to say the least, the insistence of Bani
Amr must have been caused by a lack of their personal knowledge
of Al-Baqarah 2:275, and not on the basis of some sort of permission
from the Prophet (SAW).
It is also pertinent to note that the embracing of Islam by Sayyidena
Attaab (RAA) and his appointment as Governor of Makkah by the
Prophet (SAW) happened almost at the same time. He was then 21
or 22 years of age. One may argue that he too was unaware of the
injunctions on riba in Al-Baqarah 2:275-277. But given the trust
which the Prophet (SAW) placed in him, and given that there must
also have been other Companions in Makkah at that time, this point
is not tenable. The most likely explanation for Sayyidena Attaab's
(RAA) action is that the parties involved in the dispute were
heavy-weights, and he deemed it appropriate to seek a resolution
of the matter by the Prophet (SAW) himself in order not to spark
any tribal conflict between the people of Makkah and Bani Thaqeef.
Notwithstanding minor differences in the details, quite a few
sources leading to the same information and a general consensus
among many respected mufasserin on basic points confirm that the
reported incident did happen in late 9 A.H or early 10 A.H. The
words in all narrations imply that the Prophet (SAW) "wrote"
to Attaab Ibn Aseed (RAA). This must have happened before the
25th Zi Q'adah, 10 A.H, when the Prophet (SAW) left Madinah for
Hajj Al-Wida'.
On 9th Zil Hijjah, 10 A.H, the Prophet (SAW) decreed, in person,
the abolition of riba on all of the then existing debts. This
was a retrospective decree.11 Thereafter, the Prophet (SAW) lived
in this world for only 81 days. The said announcement was made
in the presence of the Comanions (RAA) gathered in Arafat from
all over Arabia. With the status of riba on existing debts fairly
recently coming into the knowledge of virtually everybody, there
was hardly any need for making references of the above nature
to the Prophet (SAW). Therefore, it is quite unlikely that any
need for intervention by Allah (SWT) arose after the Hajj Al-Wida'a.
One may, therefore, conclude that the time of revelation of the
ayaat under reference is after the conquest of Makkah but before
the last pilgrimage. The ayaat 278-281 are as follows.
O you, who claim to be believers, fear Allah and give up whatever
is left in lieu of riba if your are indeed believers. (Al-Baqarah
2:278)
Watch out! If you do not obey this order (and give up all outstanding
riba), then there is a declaration of war against you from Allah
and His Prophet. However, if you do tawbah (i.e, repent, along
with the resolve to make amends for past mistakes), you have right
only to your principals. Neither you inflict zulm on others, nor
the others should do zulm on you. (Al-Baqarah 2:279)
In the process of settling any outstanding accounts, if you find
the debtor in a tight situation, give him some grace period so
that he can manage to clear the dues against him. However, if
you consider converting the outstanding debts into sadaqah (charity),
that would be better for you if you understand. (Al-Baqarah 2:280)
And be afraid of the Day on which you will be returned to Allah.
At that time everyone will be fully rewarded for his actions,
without being subjected to any zulm. (Al-Baqarah 2:281)
The tone of the address confirms that something happened which
annoyed Almighty Allah (SWT), Who is also the Owner, Master, and
Sustainer of the universe. As explained above, this was indeed
the case. Instead of addressing the Muslims sticking to their
claims involving riba by some pronoun (as in Al-Baqarah 2:275),
Allah (SWT) confronts the addressees as "O you, who claim
to be Believers." The ayah 278 is thus no more an advice.
The closing words of the ayah 278 make it plain that riba is an
offence of unimaginable proportions, and Almighty Allah (SWT)
simply does not recognize any person as a believer unless he gives
up riba. Period. The style is a reflection of the rage of the
Sole and the Absolute Master of the universe at its peak, creating
a chilling wave of fear in the spines of the addressees: Why don't
you listen? Have you not been told (already)? Watch out. Leave
riba forthwith (Al-Baqarah 2:278) or face an all-out war with
Allah the Almighty and His Prophet (Al-Baqarah 2:279) __ knowing
full well the fate of the weak party: humiliation and total destruction.
While the first part of the ayah 279 warns of the dire consequences
of not giving up riba, the second part is also significant. The
creditors are pointedly restricted to their principals while settling
any existing debts.
According to the ayah 280, if the debtors face (genuine) difficulties
in meeting their payment obligations, the creditors are ordered
to give them grace period to meet their payment obligations to
the tune of the principal. This principle was already observed
by the veteran Companions (RAA) after the revelation of Al-Baqarah
2:275 in late 3 A.H. But now the decree from Allah (SWT) formalized
it. This may be viewed as His special favor for this Ummah. More
and more people were going to enter the fold of Islam in the future.
Settlement of old contracts which involved riba by the new converts
to Islam could create social problems. This ayah forestalled such
problems.
The ayah 280 also contains an additional guideline about the treatment
of the written-off loans. They are to be treated as sadaqah by
the lenders.
Whereas the ayah 279 restricts lenders to their principals, it
also closes on the following note: Neither the creditors do zulm
on the debtors nor the latter do zulm on the former. The link
between charging riba by creditors and zulm is often easy to understand.
But how does zulm arise on the debtors' side? The ahadith of Sayyidena
Abu Hurairah clarify that debtors commit zulm when they deliberately
cause delays in meeting their payment obligations.
Most of the commentators of the Qur'an interpreted the point about
zulm in the ayah 279 to conclude that genesis of riba is zulm.
Hence, they went on to rationalize the prohibition of riba. Many
reasons are offered. In the case of consumption loans, lending
on interest is equated with exploiting the needy. In the case
of production or commercial loans, it is suggested that riba gives
the capitalist an opportunity to enjoy the fruits of the borrowers'
effort without either putting in any effort of his own or taking
any risk. Some others have used this ayah to defend their case
for indexation of loans for inflation (in order to compensate
lenders for loss in the purchasing power of their loans). Respectfully,
both lines of interpretation take the meaning of the ayah out
of the context. The factual position is as follows.
Actually the ayah 279 contains an order from Allah (SWT) that
both creditors and debtors should avoid zulm. Technically speaking,
zulm occurs when any party is denied its rights as per the injunctions
of Shari'ah. Thus the question one needs to ask is: what were
the (relevant) injunctions of Shari'ah, from the creditors' and
the debtors' perspectives, at the time of revelation of Al-Baqarah
2:278-281? Quite clearly, these injunctions are given in Aal-e-Imran
3:130 and Al-Baqarah 2:275-277. On both these previous occasions,
there is no mention of zulm or its equivalent. Therefore, when
Allah (SWT) decrees that both creditors and debtors avoid zulm,
it means adherence to the said injunctions, and nothing else.
The above conclusion has significant implications for guiding
thinking on riba. First, riba may lead to zulm, but zulm per se
is not the reason behind its prohibition. Second, there is no
room for generalizing the interpretation of "lender's principal"
in order to seek a compensation for decline in the value of loans
due to inflation during their pendency.12
This completes the review of the ayaat of the Qur'an on riba in
this study. The argument may have been taxing for some readers.
Therefore, the main points about various sets of ayaat are summarized
in the following section.
VI. The Total Picture
This study establishes that the prohibition of riba took place
toward the end of 3 A.H. Thus there was a period of over seven
years in the life of the Prophet (SAW) during which detailed injunctions
on riba were given and practiced.
Some important messages in the ayaat on riba, which can guide
further thinking on the subject, are as follows. Many of these
points were avoided in the previous sections in order to maintain
the flow of argument.
1. Riba is
not among the mutashabihat (ambiguous terms) in the Qur'an.
2. The ayaat
of Surahs Al-Rome and Al-Nisa serve as a prelude to the injunctions
of riba. However, as far as the Muslims are concerned, unlike
the injunctions for khamr (drinking), the prohibition of riba
was instantaneous as per Aal-e-Imran 3:130.
3. All five
sets of ayaat on riba have one thing in common: wherever riba
is castigated or prohibited by Allah (SWT), there is a positive
mention of spending for His sake. Given that repetition in oral
communications is equivalent to underlining some important point
in the written tradition, this point cannot be ignored as a coincidence,
especially in the case of the Qur'an __ the Word of Allah (SWT).
Thus there is a need to bracket this critical message in the ayaat
on riba. The essential point may be seen as follows.
Allah (SWT) is using the extreme cases of infaq, sadaqah and Zakat
to tell the believers that although one is welcome to spend all
that he has for His sake, yet riba is to be avoided at all costs.
More specifically, if one opts for a loan transaction, it is to
be executed on a one-to-one and equal basis (see point 4 below),
irrespective of the costs that the lender may face during the
process. For example, the cost of lending, the cost in terms of
income foregone, and the cost of recollecting the sum lent. If
one combines these points with the one on the permissibility of
bai' (Al-Baqarah 2:275), the complete message in the ayaat on
riba can be stated as follows:
Whereas the believers can give up what they own without seeking
any return for the sake of Allah through infaq, and whereas the
believers can earn profits through trading, yet they ought to
do loan type transactions on a one-to-one and equal basis.
The significance of this point is that through the injunctions
of riba, Allah (SWT) is defining limits for the class of permissible
transactions for Muslims.
4. The complete
picture in respect of loan transactions is as follows (the loans
themselves may be in cash or kind):
(a) In principle,
all debts are to be settled on a one-to-one and equal basis. Thus
if wheat is lent by weight, only the same amount can be reclaimed.
If wheat is borrowed by some measure (such as saa' or bushel),
an equal quantity will be repayable. In the case of rupee loans,
equality has to be observed in terms of the number of rupees in
the give and take back process.
(b) If circumstances
warrant, the borrowers are to be given grace period to repay the
principal.
(c) If a
lender is willing to write-off a loan, it will be a sadaqah (an
act of charity).
5. The injunctions
of riba apply to all exchanges which are comparable, in nature,
to loan transactions. For example, buying of new currency notes
for decomposed ones from money-changers.
6. The prohibition
of riba is mutlaq (absolute and generally applicable without any
exception). Thus the injunctions of riba have the following three
aspects:
(a) Riba
is riba. Simple vs. compound interest or interest vs. usury distinctions
do not apply.
(b) The prohibition
of riba applies regardless of whether the principal involved is
used for production or consumption (nonproductive) purposes.
(c) The provisions
of the ayaat apply to all believers in their personal capacities.
Accordingly, the prohibition of riba has the following three dimensions.
i. The injunctions
of riba apply to individuals as well as to their collective entities,
such as companies, banks, and government.
ii. In a
transaction involving riba, a believer may either charge riba
or give riba. The Prophet (SAW) made it abundantly clear that
both taking and giving riba and even being a party to a transaction
that involves riba in any other capacity are prohibited. Thus,
there can be no question of the permissibility of Muslims doing
such transactions with non-Muslims either in an Islamic state
or in a non-Muslim country.
iii. Riba
arises in the context of a loan or a comparable transaction between
two individuals (who must observe the injunctions of Almighty
Allah at their personal levels). Thus, if such a transaction takes
place between any two individuals, irrespective of the relation
between them, it has to be executed on a one-to-one and equal
basis. In other words, views like "no riba between a master
and his slave" need reconsideration.
7. After
the revelation of Al-Baqarah 2:278-279, if a Muslim wilfully defies
the injunctions of riba and the matter reaches the judicial/state
level in a Muslim society, not only that the contract would be
treated as void, but it will also be the concerned authority's
responsibility as representative of Shari'ah to impose appropriate
ta'zeer (Shar'ee penalty) on him.
In this regard, it is also noteworthy that riba debts negotiated
by a person as a Muslim do not fall under the purview of Al-Baqarah
2:275. That is, they will not automatically hold after deleting
the riba clauses in them. In fact they are uqood al-baatilah (contracts
not recognized in Shari'ah) which need to be replaced by genuine
contracts in the process of transition to a riba-free state. Of
course, in addition to this, the Muslims wilfully negotiating
such contracts are also to be subjected to appropriate ta'zeer
(Shar'ee punishment) if matters are not cleared at the personal
level, i.e., before the start of judicial/official process.
8. The injunctions
of riba apply to all non-Muslim subjects of a Muslim country.
9. The pattern
and text of the ayaat on riba implies that in drawing further
conclusions, there is no point in looking at the rationale for
the prohibition of riba. The correct approach would be to develop
a riba-free economy, and to compare its performance with other
riba-based constructs in terms of a chosen criteria, such as level
of economic activity, investment, degree of inequalities in income
and wealth, etc.
10. That
"there is a declaration of war from Allah (SWT) and His Prophet
(SAW)" calls for paying attention to the following three
points:
(a) Allah
(SWT) is personally a party to the matter.
(b) "War"
implies that if riba continues, the believers cannot look forward
to a peaceful living in this world, either at their personal or
national level.
(c) That
the declaration of war is from "His Prophet (SAW)" as
well, means that Almighty Allah intends to enforce His Will also
through His representative(s) on earth. Thus everyone, who sincerely
claims to be a Muslim, is duty-bound to play his role in the elimination
of riba.
In the end, it may be mentioned that the above points can be developed
further in order to arrive at a proper definition of riba, the
actual position of the ahadith on riba, the contours of a riba-free
economy and a strategy for the elimination of riba from contemporary
Muslim societies. Some useful references in this regard, in addition
to the ones already mentioned in this paper, are as follows.
1. "What is Riba?", Hikmat-e-Qur'an, November
1994, English section, pp.1-6.
2. "Selected Issues in Riba" Hikmat-e-Qur'an, June 1995,
English section, pp.1-11.
3. "Riba-Free Alternatives for Modern Commercial Banking",
Hikmat-e-Qur'an, February-March 1995, English section, pp.1-8.
4. "Fiscal Implications of Elimination of Riba", Hikmat-e-Qur'an,
April 1994, English section, pp.1-5.
5. "Islamization of Economy: International Transactions".
Paper read at the seminar on Islamization of Economy held at the
Institute of Policy Studies, Islamabad, in April 1994.
ENDNOTES
1 According to Mufti Muhammad Shafie (Ma'arif-ul-Qur'an,Vol.6,
pp.739-50), the passage of the 39th ayah starts with the 28th
ayah. This ayah contains arguments for Tauheed and, in light thereof,
the 29th ayah is an invitation to humanity to be rational. Thereafter,
the message continues as above.
2 In this paper, the interpretation of Maulana Amin Ahsan Islahi
(Tadabbur-e-Qur'an, Vol.6, p.99) is followed. According to Mufti
Muhammad Shafie (Ma'arif-ul-Qur'an, Vol.6, p.750), in this ayah
the term riba applies to gifts. Even if that were the case, the
general conclusions noted above would hold.
3 The word zulm has both general and special meanings in the Qur'an.
In the special sense, it refers to (a) shirk (Luqmaan 31:13) and
(b) denial of clear signs from Almighty Allah (Al-An'aam 6:144;
Al-A'araaf 7:40-41). The Jews did this kind of zulm because they
declared Prophet Uzair (AS) to be son of Almighty Allah (Al-Taubah
9:30), and they went on to disobey Him soon after experiencing
the miraculous escape from the Pharoah and his army (Al-A'araaf
7:137-167).
4 Literal translation of the first part of the ayah would be:
"Don't feast on riba - doubled and quadrupled." However,
the message is the same: stay away from riba. This point is further
explained in the text.
5 The ayaat 135 and 136 are read here in continuation of the ayah
134. Maulana Muhammad Idris Kandhalwi (Ma'arif-ul-Qur'an,Vol.
1, pp.577-81) reads the ayaat 135 and 136 as a pair separate from
the ayah 134. However, this reading too does not affect conclusions
about riba.
6 In this paper the details about the life and time of the Prophet
(SAW) are taken from Sirat-ul-Mustafa by Maulana Muhammad Idris
Kandhalvi and Sirat-un-Nabi by Maulana Shibli Nomani.
7 Mufti Muhammad Shafie (Ma'aarif-ul-Qur'an,Vol. 2, pp.175-91)
interprets the ayah 130 without its battl of Ohad background.
The reasons for doing so are not explained.
8 Mufti Muhammad Shafie (Ma'arif-ul-Qur'an, Vol.1, p.648) notes
this point in the interpretation of Al-Baqarah 2:275.
9 See "Riba Al-Fadl" (Hikmat-e-Qur'an, August 1995,
English section, pp.1-17) and "Strategy for the Elimination
of Riba from the Economy, with Special Reference to Existing Loan
Contracts" (Paper read at the seminar on Islamization of
Economy organized by the Institute of Policy Studies, Islamabad,
in April 1994).
10 In the Omdatul Qari edition published by Idarah Al-Tiba'ah
Al-Muniriyah, Egypt, the name Maqatil Ibn Hiban, instead of Maqatil
Ibn Hayyan, is mentioned.
11 This point is explained in the paper on strategy for the elimination
of riba mentioned in end note no. 9.
12 Incidentally this point is also supported by the ayah 280.
The text of this ayah clearly implies that the grace period given
to debtors is to be with reference to the principal at that time
not something else.
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