12-19-2013, 07:05 PM |
الهادي هباني
الهادي هباني
Registered: 06-17-2008
Total Posts: 2807
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Re: The Objectives of the Prohibition of Riba By: Elhadi Habbani (Re: الهادي هباني)
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Riba in Sunnah: Quran, as explained in the four pre-mentioned revelations, has clearly prohibited Riba particularly the final revelation in Surat Al-Baqarah: verse 275 which has been considered among most scholars not only laid down the final definite prohibition of Riba, but also has differentiated between trade and Riba as well as defined it as an increment over the principal amount. And for that reason the Riba mentioned in Quran, commonly known as Riba Al-Quran, is considered among most of scholars as Riba Al-Jahiliyah or Riba Al-nasi'ah as explained before. In Al-Hadith or Sunnah, there are numerous narrations on the prohibition of Riba, but due to the fact that the differences between Hadith and another and from narrator to another the paper will present only the most popular narrations. While Quran prohibited Riba gradually as said before, Al-Hadith followed different method within which some narrations prohibited Riba in general, and some others prohibited a specific types of Riba such as Riba Al-nasi'ah and Riba Al-fadl. However Riba Al-fadl was only mentioned in Al-Hadith and this why it is commonly called, by some scholars, as "Riba Al-Hadith". Following are some of the most popular narrations classified to some narrations that prohibited Riba in general and some others prohibited other type of Riba mainly Riba Al-fadl: 1- Prohibition of Riba in General :
• From Jabir. The Prophet cursed the receiver and the payer of interest, the one who records it and the two witnesses to the transaction and said "They are all alike in guilt" 'Narrated by Muslim" . From Anas bin Malik: "the Prophet said "When one of you grants a loan and the borrower offers him a dish he should not accept it and if the borrower offers a ride on an animal, he should not ride, unless the two of them have been previously accustomed to exchanging such favours mutually" (Sunan al Bayhaqi, Kitab al-Buyu, Bab kullu qardin jarra manfa‘atan fa huwa riban). From Anas ibn Malik: "the Prophet said "if a man extends a loan to someone he should not accept a gift" (Mishkat, op. cit., on the authority of Bukhari's Tarikh and Ibn Taymiyyah's al-Muntaqa).
2- Prohibition of Riba Al-fadl :
• From Abu Said Al Khudri: (Prophet said (Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt, like for like, and hand-to-hand, if commodities differ, then you may sell as you wish, provided that the exchange is hand-to-hand ..etc.) Out of the above-mentioned Hadith, which constitute the main justification of naming Riba Al-fadl as Riba Al-Hadith, scholars have figured out the following rules which govern Riba Al-fadl : • In trading commodities of the same group and kind, such as gold for gold or dates for dates; two conditions must be fulfilled: - Both quantities must be exactly equivalent - There must be immediate delivery • In trading different commodities within the same groups, such as gold for silver, or date for barley; there is only one condition, i.e. the promptness in delivery, equality is not a condition. • In trading commodities of different groups and kinds, such as gold for wheat, or silver for barley; no condition is imposed and free trading can exist, whether there is equality, inequality, promptness, or delay. But imposing additional charge to the debt in case of delinquency is totally prohibited.
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