Answered by Shaykh Faraz Rabbani
Walaikum assalam wa rahmatullah,
1. To begin from the end, what your write about fuqaha talking only about birds
in the bush and fish in the water is simply not true, whether you refer to classical
literature, or the writings of the last Century, whether in Arabic, Urdu, Turkish,
Persian, or other Islamic languages. This is a case of making a foolish-looking
scarecrow and then criticizing it.
2. The Riba that was prohibited in the Qur’an and Sunna is clear in terms of
definition and in terms of the generality of its prohibition. Riba is not merely
the ‘use of gain for the bad.’ Its definition and discussions of its scope,
etc, may be found in numerous reliable scholarly presentations.
Given the nature of the prohibition, it is only permitted to breach it in situations
where actual legal necessity (darura) is found, and no permissible alternatives
are available, even if they are not deemed as being as outwardly economically
optimal as the riba-based ‘solution.’
3. In principle, most situations in which a loan would be given can be covered
through Islamically-acceptable means of financing. If there is enough persistent
demand for such financing, it is obvious that solutions will be made available…
Walaikum assalam wa rahmatullah,
Faraz Rabbani.
Wasalamunalikum wrbt
Faraz Rabbani wrote:
Let me ask you this heartfelt urging question. First I give an example from
the real life which is terribly important for the future generations of the
Ummah.
In our country we do not have sewerage system. Population in the cities has
increased incredibly. Each house maintains its private sanitation system by
digging a septic tank to store the sewage. From the same ground we pump water
for our daily use. In many places the sewage has already mixed with the ground
water. As a result, hepatitis C is spreading at an alarming level. The only
solution is to develop sewage and drainage system which requires funds.
Funds can be available on the basis of interest-based borrowing by development
finance institutions. But this is considered Riba. The other alternative is
to borrow through mark-up or renting. This method is not as efficient as the
interest-based method. The question is that when we are facing such a terrible
problem, are we Islamically justified to ask whether to use interest or mark-up
mechanism? Or we should attack the problem in the most effective manner be it
interest or mark-up!
In the light of the Holy Quran and the Sunnah of our last Prophet peace be upon
him , can you tell us - is this problem related to Maslahah Al Ama or Riba?
How the learned Shariah scholars are discussing such issues which pose security
problems for the future generations of the ummah.
Walaikum assalam wa rahmatullah,
I pray this finds you in the best of health and spirits. The Prophet (Allah
bless him and give him peace) said that, “The one unconcerned about the affairs
of our Ummah is not [truly] from us.” Taking sound means to promote the economic,
social, and political welfare of the Muslim Ummah in general and one’s area
or country in particular is a Shariah duty.
The question about your question, though, is: do interest-based ‘development
loans’ help developing countries? Both the general evidence and history would
seen to indicate that they do not. I studied Development Economics at the University
of Toronto, and it was an area of great interest to me when I was editor of
the African News and Information Service (Africa-N) on the Internet in the early
and mid-90s. The economic crisis of much of the Third World is aggravated and
exacerbated by their tremendous debt loads, which choke off and stifle attempts
to promote essential economic and social welfare.
As such, scholars will tell you that it is hard to conceive of true promotion
of economic or social welfare through the perusal of riba-based financing.
Allah Most High Himself as told us,
2.276 Allah has blighted usury and made almsgiving fruitful. Allah loves not
the impious and guilty.
The scholars of Qur’anic interpretation, such as Imam Alusi (Allah have mercy
on him) have explained ‘Allah has blighted usury,’ as meaning, “Removes all
baraka (blessing) from it, and destroys the wealth of the one who enters into
it.” [Alusi, Tafsir Ruh al-Ma`ani, 3.51]
Ibn Mas`ud (Allah be pleased with him) related that the Prophet (Allah bless
him and give him peace) said, “Usurious money, even if much, becomes paltry
in the end.” [Ahmad, Ibn Maja, and Hakim, with a rigorously authentic chain
of transmission]
This is the general ruling. There are many Shariah-acceptable meaning of financing,
which would also secure economic and social welfare with baraka (blessing) in
it, which would ensure lasting increase by the promise of Allah and His Messenger
(Allah bless him and give him peace). In specific policy cases, top scholars
must be consulted to determine whether exceptions exist.
And Allah alone gives success.
Wassalam,
Faraz Rabbani
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