Some people argue that only usury (interest at such an
exorbitant rate that it exploits the debtor) has been declared unlawful by
Islam. Therefore, interest at a mutually acceptable rate can be charged, which
is usually the case in loans given for commercial purposes. It is in loans given
for the purposes of personal needs that the possibility of exploitation exists.
The following verse of Qur’ān is presented to support this point of view:
O believers! Do not devour interest, doubling and
redoubling.[3:130]
This verse, however, does not support the argument. It
merely indicates the gravity of the failing of those who, at a time when infāq
(spending in the way of Allah) in relation to jihād (holy war) was affording
great opportunities to the Muslims to earn Allah’s forgiveness, were busy
earning interest. This style is used in a language to reprimand a person for the
heinousness of his attitude of not only doing something wrong but also showing
total disregard for values in doing so.
For example, when one says (in English) ‘For God’s sake, [at least] don’t flirt
with another woman in front of your wife’, it does not mean that one is
suggesting that one should flirt with another woman while one’s wife is not
around. To take an example from the Qur’ān, consider the following verse:
Force not your slave-girls into prostitution that you may
seek pleasures of the life of the world, if they would preserve their chastity.
[24:33]
Obviously, this verse does not mean that if the
slave-girls are willing, prostitution may be allowed. It merely points out the
intensity of the sin of those who force such slave-girls to prostitution as wish
to avoid the despicable crime.
The Qur’ān has not defined Ribā. It didn’t have to. The
meaning of the word was already clear to those who understood the Qur’ānic
Arabic. Just as the Qur’ān did not have to define Khamr, it did not have to
define Ribā. It merely prohibited both. In Qur’anic Arabic, Ribā refers to the
gain which the lender demands at a predetermined rate from the borrower on the
loan that he gives him for a specific period of time. Moreover, it is also clear
from the following verse of the Qur’ān that those people gave Ribā for
commercial purposes as well, for it is this form of interest which increases ‘in
other’s wealth’, not the interest on loans given for personal needs of the
debtor:
And the Ribā bearing loan that you give that it may
increase in the wealth of others does not increase with Allah; and the Zakāh
that you give to earn Allah’s pleasure, these are the people who shall get
manifold [in the Hereafter].
Therefore, if anyone advocates that the word is also used
in a sense different from its denotation, the onus of proof is on him.
Furthermore, the following verses of the Qur’ān leave no
room for the argument that only such Ribā was declared unlawful as put the
debtor in difficult circumstances:
O you who believe! Observe your duty to Allah, and give up
what remains [due to you] from Ribā [interest], if you are [in truth] believers.
[2:278]
And if the debtor is in straitened circumstances, then
[let there be] postponement to the time of ease... [2:280]
These two verses have the same context and therefore can
be taken together to show that interest has not been prohibited merely in cases
where the debtor is in difficult circumstances. The words ‘And if the debtor is
in straitened circumstances’ indicate an exceptional case, and point out that
the prohibition in the previous verse (2:278) is of interest at a normal
mutually acceptable rate.
According to Farāhī, the particle ‘idhā’ (when) would have
been used instead of ‘in kāna’ (if), if the words were not indicative of an
exceptional case.
To take an example from the English language, let us
assume that a police officer says to his subordinates ‘free all these culprits
tomorrow. And if a culprit has helped the police, free him today’. As the
context of the two sentences is the same, the second sentence makes it obvious
that not all the culprits have helped the police. Similarly, when the Qur’ān
says: Give up what remains [due to you] from Ribā... and if the debtor is in
difficult circumstances [let there be] postponement to the time of ease....’, it
is clear from the second portion that the case of the debtor being in difficult
circumstances has been mentioned as an exceptional one. In other words, the
prohibition of Ribā in the first portion pertains to the general cases of loans
given to such people as are not in straitened circumstances. Islahi concludes
his discussion on this verse by saying:
Obviously, the affluent would have turned to the
money-lenders not to fulfil their personal needs, but, of course, their business
needs. So what is the difference between these loans and the
commercial loans of
today?
Therefore, it is evident from the Qur’ān that interest of
all kinds has been prohibited, including that which does not necessarily put the
debtor in distressing circumstances, as is the case with interest on commercial
loans.
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