|
Interest: The Islamic Perspective
By Syed Osman Sher
Mississauga,
Ontario,
Canada
The Muslims world is facing numerous challenges today. While meeting these
challenges in accordance with the needs of the time, it has to be ensured that
the customs and practices so adopted should not be in conflict with the sacred
law. The Shariah, on the other hand, is not meant only to show the right path
but also to make life easier for its followers. The Quran says: “God doth wish
to lighten your (difficulties), for man was created weak.” (4:28). Islam gives
freedom and full play to man’s faculties of every kind.
Islam encourages man to enjoy the good things in life bestowed on him by God: “O
Children of Adam! Wear your beautiful apparel at every time and place of prayer:
eat and drink: But waste not by excess, for Allah loveth not the wasters. . .
Say: Who hath forbidden the beautiful (gifts) of Allah, which He hath produced
for His servants, and the things, clean and pure, for sustenance?” (7:31-32).
It preaches for a practical life: “Surely, Allah does not change the condition
of a people until they change their own condition” (13:11)
One of the issues posing serious challenges to the Muslim world today is
‘usury.’ Let us start with the following verses of Quran, and examine this issue
from different angles.
Those who devour usury will not stand except as stands one whom the Evil one by
his touch hath driven to madness. That is because they say: "Trade is like
usury," but Allah hath permitted trade and forbidden usury. Those who after
receiving direction from their Lord, desist, shall be pardoned for the past;
their case is for Allah (to judge); but those who repeat (the offence) are
companions of the Fire: They will abide therein (for ever). . (2:275)
O ye who believe! Fear Allah, and give up what remains of your demand for usury,
if ye are indeed believers. If ye do it not, take notice of war from Allah and
His Messenger: But if ye turn back, ye shall have your capital sums: Deal not
unjustly, and ye shall not be dealt with unjustly. (2:278-279).
Concept and Definition: The first task in this regard is to get at the meaning
of ‘riba,’ the word used in Quran, or the English equivalent, ‘usury’.
Unfortunately, the Muslim world has not yet converged on a point to finally
agree on the definition of riba. However, pushing ‘usury’ in the background,
interest has taken the position in the forefront. The result is that these days
the word ‘interest’ has become synonymous to usury, or the two have become
interchangeable.
Starting with this premise, we have to first understand what interest is. And,
for this we have to know what ‘production’ is. Production is the creation of
utility in a thing. If a piece of land is lying fallow, but if a farmer ploughs
it and grows food from it he has undertaken production, because he has instilled
utility in that land. If somebody fills up air in a balloon, he has produced
utility in the balloon, as well as in the air which would not have otherwise
been utilized. If a water carrier fills up his cask with water at the river and
brings it to the doorstep of somebody who is in need of water, he has created
utility in the water, which would otherwise have fallen into the sea. In other
words, they have undertaken ‘production.’ Utility is added to a thing in many
ways like when cotton is turned into yarn, or yarn is made into thread, or
thread is woven into cloth, or cloth is brought to the shop, or when it is
ultimately sold to the consumer. All these stages have resulted in production,
of goods and services, because every time utility has been added.
Production is carried out by four factors: Organization, land, capital and
labor. In the absence of any one of them, production will not be possible. For
instance, our balloon vender has to organize a system to start a business. He
has to stand up on a piece of land to carry his trade. He would need money or
capital to buy balloons and a pump. In the end he would put his labor for
pumping the balloons with air and for selling them. We see in the end that the
balloons have become useful for entertaining children or for decorating party
halls. The balloon vender has either to provide all factors of production
himself, or for earning a profit as the entrepreneur he embarks on a risky
venture which involves taking a shop on rent, borrowing money on interest to buy
balloons and a pump, and hiring a laborer on wages to fill the balloons and to
sell them. He has to pay each factor of production its reward in the shape of
profit, rent, interest and wage. Even if all the resources are owned by the
entrepreneur and he takes away all the rewards himself, the respective reward of
each factor of production will be hidden in what the entrepreneur has got.
Each factor, which participated in the production, has been given its
recompense. It is a system where justice has been done to all. But if there is a
system in which enterprise, land and labor are paid their reward but it is
denied to the capital, will it be termed as just? Can any religion or philosophy
that preaches such a principle be acceptable as fair and sound? No. We now
proceed further. If the other three factors agree to participate in the process
of production in the hope of getting, in return, the fruits of their efforts,
why the fourth factor, the capital, would agree to participate in it if it has
not to receive any reward? And. in the absence of capital, production would not
take place. Can then the payment of recompense to the capital be termed as
‘devouring men’s wealth wrongfully’? Does Islam as a religion preach a
philosophy which, if implemented, would put a brake on the process of
production, the essential element for the continuation of life? Again, No! Thus,
Islam in no way seems to have banned the interest as described above. The
question then arises: what has been prohibited by Islam in the name of usury?
There is, however, one situation under which a man may agree to lend his money
to others without compensation, although it would not be a comfortable situation
for him because it involves both pain and risk. And, that situation is to help
someone in need or, in other words, to give in charity. Charity is one of the
cardinal teachings of Islam. This is a plane on which people may be ready to
sacrifice, and also feel pleasure instead of pain. People have been enjoined in
Islam time and again to give charity openly and secretly. In addition, charity
has been prescribed in the form of zakat. It is meant for rescuing people out of
personal predicaments or extreme hardship, for example, to meet their basic
needs as hunger, etc. In such a situation if one wants to make a capital of
someone’s pain and suffering, and to earn income from a loan, his action would
not conform to the Islamic principles of charity and sacrifice. Such a gain may
thus be conveniently termed as riba. All agree that riba means an increase over
and above the amount what had been lent. And, scholars also agree that there is
room for differences in defining as to what kind of such increase should be
called ‘usury’ According to Ibn Kathir, Hazrat Umar, the second caliph, had also
felt some difficulties in this regard. But, before this question was settled the
Prophet had died.
Human needs are as old as the man himself. They arise when he is born, and so
arises simultaneously the instinct in others to help and support him, either
free or with a price. In such a situation what rightful attitude one should
adopt was taught as early as the time of writing of the Old Testament:
And in case your brother grows poor so he is financially weak alongside you, you
must also sustain him. As an alien resident and a settler, he must keep alive
with you. Do not take interest and usury from him, but you must be in fear of
your God; and your brother must keep alive with you. You must not give your
money on interest, and you must not give your food out on usury. (Leviticus
25:35-37)
An important thing to note here is that in the Old Testament the word ‘interest’
is used for lending money while ‘usury’ is used for lending food. But both the
terms have been used in the context of helping people in extreme difficulties.
Qur'an's commandments must not be different from what God had asked the Jews to
practice. The Quran attests the Old Testament in verse 4: 161: “That they (the
Jews) took usury, though they were forbidden; and that they devoured men's
wealth wrongfully; we have prepared for those among them who reject faith a
grievous chastisement.”
In the pre-Islamic days the people of
Arabia
were not all Jews, but the practice of lending money was very common. Naturally,
at that time not much of others’ money might have been needed for conducting
one’s trade. If one had his own resources he started his own business, otherwise
he took to other occupations. Loan was obtained mostly for mitigating personal
hardship. The loans thus extended without exacting a price must have been deemed
as charity, otherwise it was usury. For this reason, charity and usury have been
mentioned side by side in the verses 2:276 (Allah will deprive usury of all
blessing, but will give increase for deeds of charity: For He loveth not
creatures ungrateful and wicked), and 2:280: If the debtor is in a difficulty,
grant him time till it is easy for him to repay. But if ye remit it by way of
charity, that is best for you if ye only knew. Charity and usury stand in equal
stead but apposed to each other. If one helps the needy it is charity; if he
charges a price for his help it is usury. Quran commands giving in charity but
prohibits usury.
Justice and Pragmatism: Further, at the time of the rise of Islam loans were
extended in the form of gold, silver, and food grains. They were loaned in kind
and repaid in kind. Let us assume that any amount additional to the principal,
lent for mitigating hardship or even for business purposes, is usury. In those
days, the value of gold and silver remained constant. The prices of commodities
also did not change. They were not as volatile on the upward side as they are
today. If no additional amount was paid in those days at least the lender
received back his loan in the same coin with full value. But today transactions
are made mainly in terms of money. Also, loans are generally made on long-term
basis. For instance, today governmental loans from foreign countries and
agencies are contracted with a repayment period of even twenty-five years, or
more. The value of money decreases day by day. In this situation, if an
additional amount is not paid along with the principal after the lapse of a few
years this would be tantamount to paying less than the principal. The lender
would thus be a loser. Does Islam ask the people to receive back their
principals with a diminished value? Is it justice? A reasonable additional
amount seems justified today at least to equalize the value of the money when it
was lent. Then a risk is also involved in such transactions, the risk of
non-payment. Thus the payment of an additional amount is also a sort of
insurance premium against that risk. If the condition of additional payment,
over and above the principal, is not there, who would lend his money to others,
unless it is a case of pure charity? A reasonable rate for this purpose thus
seems justified but, of course, not doubled or tripled as has been prohibited by
verse 3:130. (O ye who believe! Devour not usury, doubled and multiplied; but
fear Allah; that ye may prosper)
Welfare and Exploitation: Initially, the Quran was given to the people of Makkah
and the people around that city: “Thus have We sent by inspiration to thee an
Arabic Qur'an: that thou mayest warn the Mother of Cities and all around her,
and warn (them) of the Day of Assembly, of which there is no doubt: (when) some
will be in the Garden, and some in the Blazing Fire (42:7). But today’s world is
not limited to that environ. It is a totally different sky. Now transactions,
involving setting up of industries, carrying out international trade,
establishing social institutions, building infrastructures etc., take place not
in thousands but in unimaginable magnitude of billions of billions of currency
units. Modern economic machinery of diverse nature like banking and interest,
insurance and re-insurance, stock market and currency exchange, and so on,
performs this function. The whole structure of modern-day economic prosperity
and wellbeing is standing on the pillars provided by such economic instruments.
Remove them and the wheels of progress will not only stop but the whole system
would collapse, destroying everything in its wake, even the civilization of
today.
It is natural that whatever money one earns is not totally spent, unless he is
hand to mouth. The propensity to consume always remains below the income line.
The resulting saving is thus channeled through the modern banking system into
investment. The propensity to consume with the resultant savings gives birth to
the multiplier effect of economic theory meaning, in simple terms, a multiple
growth in the economy. Again when savings are deposited in banks, the depositors
do not withdraw all the savings at a time. Working on the basis of the average
withdrawal, the banks then create, with the amount left with them, many times
more credit than the original deposit. They are channeled in still more
investments.
On the other side, it is not possible that all the savings accruing in an
economy could be mobilized into investment optimally by individual efforts. For
investment purposes, loans are not only obtained by individuals, but by small
businesses, multinational enterprises, and commercial undertakings. Even
governments acquire loans from their own citizens, from multi-national banks and
from other countries. Big and small businesses and projects of economic and
social development, like roads, bridges, airlines, railways, airports,
residential complexes, telephone lines, TV and Radio stations, schools,
hospitals, museums, parks, libraries, etc., are established mostly out of loans,
which come out of this pool of savings collectively created by the individuals
or corporations. Even maintaining an army for the defense of the country
sometimes needs foreign loans. It is also needed even for procuring necessary
items of consumption from other countries. If savings are not invested in this
way, and are simply hoarded in closets, the economic engine will fail. This hub
of economic system, called loan or inversely interest, is such a mighty force
that it pervades all over. This engine is pushing economic activities in all
directions.
It is commonly seen that some Muslims, in reverence to the Quranic injunctions,
do not obtain loans from the banking system even for such essential facilities
as for owning a house or a vehicle. They do not like to be sinners by paying
interest. It must be realized, however, that for the use of a service or the
consumption of a commodity the price is paid by the ultimate consumer, and not
by the original provider of the facility or by the middleman. So whatever price
we pay for using a good or service includes the portion of that interest, which
has been earlier obtained by the provider of the facility For example, if I take
a house on rent, the rent paid by me will include the interest which the builder
has to pay for his loan. It is also hidden even in the prices or fees we pay for
the goods and services of daily use, because they have been produced by using
the capital obtained generally through loans. Sometimes, the government pays the
interest for its loans through the revenue collected through taxes, and the tax
is paid by the citizens. Can then any person claim that his life is not polluted
with interest, and so he would not obtain loan on interest for increasing his
welfare?
On the basis of the verse 4.29 (Eat not up your property among yourselves in
vanities: But let there be amongst you traffic and trade by mutual goodwill)
Abul Ala Maududi argues thus against the modern-day interest: “Islam does not
confer an open license to its follower to earn wealth in whatever manner he
likes. Instead, it establishes a norm of lawfulness and otherwise in the ways of
earning wealth keeping in view the collective welfare (of the society). This
norm is based on the principle that all those methods of earning wealth are
unlawful in which one person’s gain is obtained at the cost of the other, and
that all those methods are lawful where mutual gains are based on justice to
both the parties” (Islam Aur Jadid Maashi Naazariyat by Abul Ala Maududi, p. 97,
published by Islamic Publications Private Ltd. Lahore, Pakistan).
To the contrary, the interest as prevailing today does not entail eating away of
the property of one by the other. This sort of traffic is carried out with
mutual consent, not under coercion, and with full understanding that it would
prove to be mutually beneficial and would be contributing to the well-being and
prosperity of both the parties. Barring rare cases of failures, in fact, it does
so. It should not, therefore, be termed as exploitation by one party of the
other.
How the interest is providing economic progress has been recounted above. At
individual level too it is promoting welfare. Due to this arrangement people are
becoming homeowners. They are able to have their own vehicles without which it
might not be possible either to get a proper earning, or to reach the workplace
in big cities, or to carry big or small business and trade. In this connection,
Abdullah Yusuf Ali has commented: “Our Ulema, ancient and modern, have worked
out a great body of literature on usury, based on economic condition as they
existed at the time of Islam. I agree with them on the main principles, but
respectfully differ from them on the definition of usury. The definition I would
accept would be undue profit made, not in the way of legitimate trade, out of
loans of gold and silver and necessary articles of food, such as wheat, barely,
dates and salt (according to the list mentioned by the Holy Apostle himself). My
definition would include profiteering of all kinds, but exclude economic credit,
the creature of modern banking and finance.” [Abdullah Yusuf Ali, The Holy Quran
(Arabic text with English translation and commentary), Beirut, 1968, p. iii.]
Based on the Quranic injunctions on riba, ijtehad has been done and principles
formulated such as musharika, mudariba, and even no profit/no loss banking
system.
It needs to be examined whether such systems are really in accordance with the
spirit of the Quranic injunctions of avoiding exploitation, or are just dressed
in a camouflage. Are they really an improvement over the existing system? Do
they meet the needs of the time fully? Can they be inter-changeable with the
existing economic order? Is new ijtehad required in this regard, keeping in view
the well-known legal principle that ruling once given can be changed according
to the situation?
Receipt and Payment Another issue which needs further examination is that
whether usury has been prohibited as a receipt only or also as a payment. One
may argue that if receiving usury is evil, its payment should also be bad. Not
necessarily! If harming others is a sin, to get harmed should not be a sin. If
exploitation is bad, blame should not be put on those who are exploited by
others. Receiving of usury is definitely a sin because it is a sort of extortion
for extending help to another person or, in other words, it is oppression. In
all the verses quoted above the exaction of usury is prohibited, including in
the Old Testament as mentioned above. However, in verse 30-39, the Quran says:
“That which ye give in usury in order that it may increase on (other) people's
property hath no increase with Allah; but that which ye give in charity, seeking
Allah's Countenance, hath increase manifold” Here the word riba (usury) is used
here in the sense of giving by way of bribe. Commenting on the Verse 30:39,
Abdullah Yusuf Ali says: “According to commentators this verse specially applies
to those who give to others, whether gifts or services, in order to receive from
them greater benefits in return. Such seemingly good acts are void of any merit
and deserve no reward from Allah, since He knows the real intention behind such
ostensibly good deeds.” (The Holy Quran, English Translation and Commentary by
Abdullah Yusuf Ali, p.1189, footnote # 3552, The Presidency of Islamic Research,
IFTA, Mushaf Al-Madinah An-Nabawiyah). So here giving of riba does not mean
paying interest, but bribery.
The fact that usury, even if it is interest, is prohibited by way of taking, and
not giving, also becomes clear from the following words of the last sermon of
the Holy Prophet: “Allah has forbidden you to take usury, therefore all interest
obligations shall henceforth be waived. Your capital is yours to keep. You will
neither inflict nor suffer any inequity. Allah has judged that there shall be no
interest and that all the interest due to Abbas ibn 'Abd'al Muttalib [the
Prophet's uncle] be waived.” The Prophet did not ask his ummah not to give
interest in
|