UNDERSTANDING
"R I B A"
(Usury)
By:
Shahid Bin Waheed شاهد
بن وحيد
بسم الله الرحمن الرحيم
الحمدلله رب العالمين والصلوة والسلام على اشرف الانبياء
وسيدالمرسلين نبينا محمد صل ا لله عليه وعلى آله واصحابه وازواجه اجمعين - امابعد
All the praises and thanks be to Allaah, Sustainer of the Universe, and blessing and salutation to be the most distinguish of the Messengers and foremost among the Prophets, our Prophet Muhammad, peace and blessings of Allaah be on him and on his wives, children and Companions.
A known Pseudo-Muslim named Akbarally Meherally has authored an article titled: Understanding Riba (Usury), which we will refute in this treatise while presenting the evidence of absurdities in his article and how Akbarally Meherally (a Pseudo-Muslim) has suppressed the truth with his disinformation. Akbarally Meherally’s opening statement in his article is as follows:
“Note: Riba happens to be one of the most difficult subjects for
the last 1400 years, for Muslims as well as for the Muslim Scholars.”
Refutation!
The above statement is a plain
misrepresentation of truth, while subtly and subliminally implying that (a) Prophet Muhammad صلى الله
عليه وسلم did not complete his
mission (استغفرالله) (b) Islaam is not a perfect
religion (استغفرالله) (c) Muslims and Muslim
scholars have failed to understand the issue is Riba for 1400 years, but lucky (not) for us, Pseudo-Muslim Akbarally
Meherally can help us and bail us out (not).
Pseudo-Muslim
Akbarally Meherally writes:
THE VERSES OF THE QUR'AN:
Here are the verses on the
subject of riba (usury):
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. 2:
278
O ye who believe! devour not usury
doubled and multiplied; but fear Allah; that ye may prosper.
Yusuf Ali's translation. 3: 130
O ye who believe! Devour not
usury, doubling and quadrupling (the sum lent). Observe your duty to Allah,
that ye may be successful.
M. Pickthall's translation 3: 130.
O believers! Do not live on usury
(compound interest) which is compounded over and over again. Have fear of Allah
so that you may prosper.
F. Malik's translation. 3: 130
For the iniquity of the Jews We
made unlawful for
them certain (foods) good and wholesome which
had been lawful for them; in that they hindered
many from Allah's way. That they (Jews) took usury though they were forbidden;
and that they devoured men's substance wrongfully; We have prepared for those
among them who reject faith a grievous punishment.
4: 160 - 161
Note: The Torah forbids the Jews from the devouring of Usury ("neshek").
See the Old
Testament Ex. 22: 25;
Le. 25: 36-37; De. 23:19-20; Ne. 5: 7/10; Ps. 15: 5; Pr. 28:8
Refutation!
First, I would proceed to question Pseudo-Muslim Akbarally
Meherally’s knowledge and understanding of Glorious Qur’aan, Ahadeeth احاديث and Islaamic Shariah. Pseudo-Muslim
Akbarally Meherally has already failed the acid test by simply copying
and pasting the English translations of Ayaat 2:275;
2:278 and 3:130 of the Glorious Qur’aan,
which only shows inability of Pseudo-Muslim Akbarally Meherally
to comprehend the subject matter and the absence of any scholarship whatsoever.
Fact of the matter is that the subject of Riba ربا is
discussed with great details and/or elaboration in the Glorious Qur’aan in the
following Ayaat آيات and order.
Pseudo-Muslim Akbarally
Meherally writes:
“The
dilemma before the Ummah is NOT for the actual Command of Allah (s.w.t.)
that prohibits the devouring of usury (riba) and/or for the strict
condemnation of those who devour it. The dilemma in reality is concerning the
correct definition of the term riba and its application.”
Refutation!
This is an opinion and not a fact supported by the conclusive evidence. In order to establish an opinion based on facts, Pseudo-Muslim Akbarally Meherally was obligated to provide the following that he failed doing so,
Pseudo-Muslim
Akbarally Meherally writes:
THE
TIMING OF THE REVELATION:
The following excerpts from the commentaries to the above verses speak of the timing
of the Revelations and the lack of opportunity for acquiring the knowledge of
its Shar'i implications, from the Prophet:
The
commentary # 324 to verse 2: 275, by Abdullah Yusuf Ali:
Usury is condemned and prohibited in the strongest possible terms. There can be no question about the prohibition. When we come to the definition of Usury there is room for difference of opinion. Hadhrat 'Umar, according to Ibn Kathir, felt some difficulty in the matter, as the Apostle left this world before the details of the question were settled. This was one of the three questions on which he wished he had more light from the Prophet.
The
commentary # 35 to verse 30: 39, by Scholar Mohammad Asad:
Mohammad Asad writes; in the words of Ibn Kathir (in his commentary on 2: 275), "the subject of riba is one of the most difficult subjects for many of scholars (ahl al-'ilm)". It should be borne in mind that the passage condemning or prohibiting riba in legal terms [{2: 275-281}] was the last revelation received by the Prophet, who died a few days later [cf. note [268] on 2: 281; hence the Companions had no opportunity to ask him about the Shar'i implications of the relevant injection - so much so that even 'Umar ibn al-Khattab is reliably reported to have said: "The last [of Qur'an] that was revealed was the passage [lit., "the verse"] on riba; and, behold, the Apostle of God passed away without [lit., "before"] having explained its meaning to us" [Ibn Hambal, on the authority of Sa'id ibn al-Musayyab].
THE
SHAR'I IMPLICATIONS:
The above explanatory notes indicate that the discord of Shar'i implications is
from the early days of Islam and not of this century or because of the present
day world economy and its dependency upon the global banking system, as one
would like to hypothesize and place the entire blame upon. The recorded
comments also inform us that although the subject of Riba is "one
of the most difficult subjects", there is a "room for difference of
opinion". Due to the absence of the specific directives on the subject
from the Prophet (peace be upon him), to the Companions and the non existence
of the conclusive concurrence over a long period, there have been varying
interpretations and definitions provided by scholars for the Qur'anic term Riba.
Taking a closer look of the above commentaries and then reading the books on
the subject of Riba, one observes that 'Umar ibn al-Khattab (r.a.), who
happened to be one of the closet Companions of the Prophet, is reliably
reported to have said, as noted above: "and,
behold, the Apostle of God passed away without having explained its {Riba's}
meaning to us". On the other
hand, there are scores of Ahadith published in these books on the subject of
Riba, and all these narrations originate from the Prophet.
Refutation!
|
1934-37 |
1980 |
Pseudo-Muslim
Akbarally Meherally writes:
THE TRANSLATED TEXTS:
There are varying interpretations of the Arabic word Riba but there
appears to be unanimity in rendering its translation in English. Almost all the
translators of the Qur'an, Muslim as well as the non-Muslim, have translated
the Arabic word Riba as "Usury". One may tend to argue that it
is the "modern parlance". One cannot overlook the fact that the
Qur'an was translated into English for the first time in the 17th century.
However, the translators while undertaking their works were well aware of the
historical times and circumstances under which these Revelations came to the
Prophet. In one of the most widely circulated translation of this century and
published from Saudi Arabia, viz.,
The Noble Qur'an in the English Language the word Riba is
interpreted, under the Glossary of the Arabic words, as
"Usury".
Below is the Dictionary meaning of the word Usury:
u-su-ry: n. , pl. -ries [ME usurie < ML usuria < L usura < usus] the act or practice of lending money at a rate of interest that is excessive or exorbitant esp. at a rate of interest higher than is allowed by law
Refutation!
The above statement is absolute hogwash, and poorest generalization at its peak without specific references from Islaamic sources. The dictionary meaning is not always applied and/or used in literal sense in any language let alone Arabic. The problem is that what is the meaning and/or definition of Riba ربا, the problem is Pseudo-Muslim Akbarally Meherally’s ignorance of Islaamic Shariah rules of elucidation and interpretation. Let us examine the term Riba ربا according to dictionary and/or Islaam sources.
According to the dictionary the word Riba ربا means: ربا= فائدةٌ فاحِشَة and ربا= فائدةٌ, which then in English is translated as usury & interest.
The word Riba ربا is derived from
root letters ر ب و and according to Qur’aan definition, it means,
الربا : مصدر ربا يربو : إذا زاد ، ويطلق الربا
في الشرع على الزيادة إذا خلت من العوض .
(الرَّبْو) الربا (usury)[noun]
The word رِبٰو is but particularly covered by the English word usury,
which parlance means only an exorbitant or extortionate interest;
The Arabic رِبٰو on the other hand means any addition, however, slight,
over and above the principle sum lent, and this includes both usury and
interest.
Prophet Muhammad صلى الله عليه وسلم
elaborated upon the meaning and wider connotation of Riba ربا and included in
its ambit several transactions where there was no element of credit. Thus,
in the context of Shariah, such increase is called Riba ربا that is obtained
without any financial consideration.
“The dictionary meaning
of Riba ربا
is increase and the reference in the Ayaah (verse) is to every increase
against which there is no exchange or
consideration”
(Ibn-e-Arabi, Ahkam ul-Qur’an)
Various forms of Riba ربا
were in vogue in Arabia, when Prophet Muhammad صلى الله عليه وسلم was sent. Most
common practice was to lend a specific amount for a specific period and at an
agreed rate determined in advance. If the borrower repaid at the agreed
time, then only the agreed amount of interest was charged. If he were unable to
repay at the time, then the amount of interest would be increased. In any case, even before the
revelation of Glorious Qur’aan, the essence of Riba ربا was considered to be the gain, made out of
loaning of money. This very aspect has been
highlighted in the saying of the Prophet Muhammad صلى الله
عليه وسلم,
“Every loan which brings a gain is a riba ربا based loan.”
Riba ربا was common in Arabia and during the early
days of the Prophethood of Prophet Muhammad صلى الله عليه
وسلم, the situation did not change.
Almost eight (8) years after migration to Madinah, Ayaat آيات (verses) in
respect of Riba ربا were revealed and Riba ربا was categorically prohibited. As soon as these Ayaat آيات (verses) were revealed, everyone realized that these referred to taking
any profit on loans or credit, that this was now prohibited, and gave it up.
Riba: Usury which is of two major
kinds; (A) Riba An-Nasî’a i.e. interest on lent money; (B) Riba Al-Fadl, i.e. taking a superior thing
of the same kind of goods by giving more of the same kind of goods of inferior
quality, e.g., dates of superior quality for dates of inferior quality in great
amounts.
Prophet
Muhammad صلى الله عليه وسلم, however, in keeping with his position as the last Messenger of
Allaah, elucidated upon these Ayaat آيات (verses). The meaning of Riba ربا, as explained by
the Prophet Muhammad صلى الله عليه وسلم included of trade, which was not hitherto
considered Riba ربا by the Arabs. The second kind of Riba ربا, in the words of the Prophet Muhammad صلى الله عليه وسلم
was,
RIBA ربا
(USURY) [Taken from Sahih Muslim صحيح مسلم]
[1584] Abu Sa'id Al-Khudri reported that Allah's Messenger (SAW) had said: Do not sell gold for gold, except one for one, and don't increase a thing upon something; and don't sell silver unless one for one, and don't in-crease something upon something, and do not sell for ready money something to be given later.
[1584R1] Nafi' reported that Ibn 'Umar told him that a man of the tribe of Laith said that Abu Sa'id AI-Khudri narrated it (the above-mentioned hadith) from the Messenger of Allah (SAW) in a narration of Qutaiba. So 'Abdullah and Nafi' went along with him, and in the hadith transmitted by Ibn Rumh (the words are) that Nafi' said: 'Abdullah (b. 'Umar) went and I along with the man of Bani Laith. We entered (the house) of Sa'id AI-Khudri, and he ('Abdullah b. 'Umar) said: I have been informed that you say that Allah's Messenger (SAW) had forbidden the selling of silver with silver except in case of one for one, and the selling of gold for gold except one for one. Abu Sa'id pointed with his fingers to his eyes and ears, and said: My eyes saw, and my ears listened to Allah's Messenger (SAW) saying: Do not sell gold for gold, and do not sell silver for silver except one for one, and do not increase anything over something, and do not sell for ready money something, not present, but hand to hand.
[1584R2] This hadith has been narrated on the authority of Abu Sa'id AI-Khudri through another chain of transmitters.
[1584R3] Abu Sa'id AI-Khudri (Allah be pleased with him) reported that Allah's Messenger (SAW) had said: Do not sell gold for gold and silver for silver weight for weight or of the same quality.
[1585] 'Uthman b. 'Affan reported that Allah's Messenger (SAW) had said: Do not sell a dinar, and one dirham for two dirhams.
Let me
address the reference used by Pseudo-Muslim Akbarally Meherally
quoting most unqualified and non-scholarly
sources i.e. Abdullah Yusuf Ali and Muhammad
Asad, whom he (Pseudo-Muslim Akbarally Meherally) likes to
project as so-called scholars, which they are not.
Quote from Abdullah Yusuf Ali, used by
Pseudo-Muslim Akbarally Meherally:
When we come to the definition of Usury there is room for difference of opinion. Hadhrat 'Umar, according to Ibn Kathir, felt some difficulty in the matter, as the Apostle left this world before the details of the question were settled.
Quote from Muhammad Asad, used by Pseudo-Muslim Akbarally Meherally:
so much so that even 'Umar ibn al-Khattab is reliably reported to have said: "The last [of Qur'an] that was revealed was the passage [lit., "the verse"] on riba; and, behold, the Apostle of God passed away without [lit., "before"] having explained its meaning to us" [Ibn Hambal, on the authority of Sa'id ibn al-Musayyab]
Let me make
two major points here before I present the fact and true evidence to impeach Pseudo-Muslim Akbarally Meherally and
his sources:
1.
Notice the
deception, intellectual dishonesty and ulterior motives in quotes of Abdullah Yusuf Ali and Muhammad Asad. Both
have suppressed the truth.
2.
Having
same motives beside ignorance, Pseudo-Muslim
Akbarally Meherally, has not researched the
subject matter; since he also has some agenda on this subject matter, now let us examine the TRUTH!
Ibn Majah
[2276] Umar b. Khattab (Allah be pleased with him) is reported to have said, "The last command revealed (regarding lawful and unlawful things) was the verse pertaining to usury. Allah's Messenger (peace and blessings of Allah be upon him) was made to depart (form the material word) and he did not explain to us (a comprehensive) interpretation of it. Therefore, give up interest and the doubtful thing."
It isnad is Sahih and its authorities are reliable (and authentic) but Sa'id whose name is Ibn 'Uruba, intermingled one hadith with the other one as laid down in al-Zawa'id.
حَدَّثَنَا نَصْرُ بْنُ عَلِيٍّ الْجَهْضَمِيُّ
حَدَّثَنَا خَالِدُ بْنُ الْحَارِثِ حَدَّثَنَا سَعِيدٌ عَنْ قَتَادَةَ عَنْ سَعِيدِ
بْنِ الْمُسَيَّبِ عَنْ عُمَرَ بْنِ الْخَطَّابِ قَالَ إِنَّ آخِرَ مَا نَزَلَتْ آيَةُ
الرِّبَا وَإِنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قُبِضَ وَلَمْ
يُفَسِّرْهَا لَنَا فَدَعُوا الرِّبَا وَالرِّيبَةَ
“So
give up interest and whatever resembles interest”
Abdullah Yusuf
Ali, Muhammad Asad and Pseudo-Muslim Akbarally Meherally, all three of them have concealed and/or suppressed
the truth, which is highlighted above from the Hadeeth/Athar of Umar b. Khattab (Allah be pleased with him). Readers must note that it was the second kind of Riba ربا Umar رضى الله عنه
faced some difficulties in delineating it in detail. This is because the items
of commodities have been specifically mentioned and it has been stated that
difference in the quantities exchanged or deferred settlement of one side of
the transaction is engaging in Riba ربا. However, the text of this Hadeeth حديث does
not specify if the ruling is confined to these six (6) items only or certain
other items or commodities are also governed by the same principle. The
remarks of Farooq-e-Azam Umar Ibn Khattab رضى الله عنه relates to this Hadeeth حديث above about 2nd kind of Riba ربا,
wherein it need to be ascertained if the ruling by the Prophet Muhammad صلى الله عليه وسلم is confined to the six (6)
commodities mentioned therein or have these been specified as an example and
certain other commodities are also governed by the same principle. It is for this reason that experts in Islaamic Jurisprudence
and fiqh i.e. four Imaams have individually researched the matter
and came up with principles on the basis of which they included certain other commodities,
the details can be seen in any book of fiqh.
In the matter
of interest, Pseudo-Muslim
Akbarally Meherally, has
taken the refuge in the remarks (lifted from context) of Farooq-e-Azam Umar Ibn
Khattab رضى الله عنه, which is related to a kind of Riba ربا totally unrelated to interest in vogue
today, i.e. exchange of the six (6) commodities, of which the details have been
presented by this author above. Pseudo-Muslim Akbarally Meherally, has taken the remarks of Farooq-e-Azam
Umar Ibn Khattab رضى الله عنه to mean that Riba ربا is a vague term whose meanings were not
obvious even to the closest Companions of the Prophet Muhammad صلى الله عليه وسلم.
Nothing can be farther from truth than the claim made by Pseudo-Muslim Akbarally Meherally stating that whatever has been written on
Riba ربا
is the personal interpretation of religious scholars and jurists. Since the tradition which reports the
remarks by Farooq-e-Azam Umar Ibn Khattab رضى الله عنه that he could not check full details of
second kinds of Riba ربا with the Prophet Muhammad صلى الله عليه
وسلم, also includes the words,
“So
give up interest and whatever resembles interest”
Pseudo-Muslim Akbarally
Meherally writes:
The next important question is; Does this literal translation of the English term "Usury" and its interpretation as such has any support in form of a Declaration by a Mufti or a recorded comment by a Muslim Scholar? The answer is; Yes. Please read below the records:
1. Here is a passage from 'The Concise Encyclopedia of Islam' by Harper & Row, Publishers, Inc., San Francisco, under heading Riba:
Today the prohibition is hardly observed in any Islamic country. Either it is simply disregarded -- the Egyptian Mufti Muhammad 'Abduh once declared "moderate interest" lawful -- or it is referred to by some such euphemism as "commission".
Note: The said Declaration was made in the late nineteenth century, after the French Revolution, by Shaikh Muhammad 'Abduh, the Rector of Al-Azhar University, Cairo (Upon his return to Egypt from Europe).
Refutation!
We cannot accept non-Islaamic sources, quotes, references and publications while discussing delicate issues of Islaam. Only authentic Islaamic sources such as Glorious Qur’aan, Sunnah, and Ahadeeth احاديث are acceptable along with authentic Islaamic scholars. Pseudo-Muslim Akbarally Meherally has used a vague, incomplete and inclusive quote of allegedly by a Muslim scholar using a non-Islaamic source. In order to appropriately refute and/or comment, we must see the ruling of Mufti Muhammad Abduh from the verifiable Islaamic sources. I wonder, why Pseudo-Muslim Akbarally Meherally failed to present the evidence based on what we have already defined above i.e.
Pseudo-Muslim Akbarally
Meherally writes:
"ZERO
TOLERANCE"
It is quite often mentioned, supported by the narrated reports coming from the
Prophet, that the taking or devouring of any sum of money as "an
increase" (interest) upon the capital, wealth or investment is Haram and
a sin worse than the rape. Any excess on the capital is riba and therefore
there can be no distinction between the reasonable and exorbitant rates of
interests. Furthermore, it is reasoned that since the verses of the Qur'an
prohibits "devouring", anyone who partakes in any transaction that
involves Riba has also committed the sin of Riba. In other words, not only the
"taking" but also the "giving" of "Interest" is
prohibited. The borrowing of money on interest for buying a house, a car, etc.;
taking of interest bearing loan for the education; paying of interest on a
credit card or a department store shopping card, etc., are all Haram. It
is also reasoned that anyone that abets, encourages or associates himself with
such acts or transactions is also committing the sin of Riba. Hence, the
administrating, guaranteeing or witnessing, as a third party, of any legal or
banking document or contract that involves Riba (Usurious or Simple Interest),
is prohibited. There are also recorded texts within these books on the subjects
of Riba that prohibits the shop-keepers, businessmen, professionals etc., from
receiving payments through the credit cards. The reasoning given is; If the
credit card holder (could be a Muslim or a non Muslim) pays interest to the
credit card company on the sum owing for that particular purchase or service
received, then all the parties to the transaction share the responsibility. In
some books, Muslims are discouraged from having a job at institutions like the
Commercial Banks, Mortgage Companies and even the Stores wherein the duty is of
handling the Credit Cards. One scholar even goes further and claims that the
Law of Riba is applicable to "everyone" upon this earth, because the
Qur'an has been revealed by Allah for the "entire mankind" and for
all times.
Refutation!
The above statements and/or claims are highly open ended
and extremely generalized beyond absurdity; however, all these issues do not
have a solution like “one size fits all.”
That is why Pseudo-Muslim Akbarally
Meherally has deliberately put it all together without being
specific and without names and/or references etc. Islaamic Shariah governs
issue of Riba ربا as a general rule and/or injection for Muslim Ummah and than we
have some separate individual and/or unique issues, which have to be dealt case
by case separately. For example, Muslims living in the
West, where many non-Islaamic practices are part and parcel of the daily norm
being legally mandated, therefore, Muslims living in the West who are compelled
to deal something un-Islaamic beyond their control to observe the Shariah
rulings, like dealing with auto insurance and/or credit cards, mortgage etc.
Their situation is a separate issue and cannot be used as pretext to attack
Islaam by people like Pseudo-Muslim Akbarally
Meherally. By the way, there
is no such thing in Islaam like ‘Zero Tolerance’ it is the brainchild of Pseudo-Muslim Akbarally Meherally, which he has injected to sensationalize the
issue.
Pseudo-Muslim Akbarally
Meherally writes:
PROPHET PAID AN "EXTRA
AMOUNT":
In the Sahih
Al-Bukhari, under Hadith number 3:579 narrated by Jabir bin Abdullah it is
recorded that the Prophet repaid his debt that he owed Jabir plus he paid him
"an extra amount". The scholars who do advocate "zero tolerance"
explain; A borrower is permitted to pay an "extra amount" to the
principal sum borrowed, while repaying his debt, provided it is given of his
own free will and is not stipulated as a condition of the borrowing. Such a
payment is neither Interest nor Riba.
One may tend to argue; it
is likely that the above "extra amount" on the debt owing was paid by
the Prophet before the Command for Riba was Revealed. Another may reason; since
the Prophet was "giving" the "extra amount" and not taking
"extra money", there was no iniquity.
Refutation!
Before I comment on the absurd
assertions above, I must point out that Pseudo-Muslim
Akbarally Meherally is a Hadeeth حديث rejecter, his website is full of attacks
on Hadeeth حديث literature, he has slandered Companions of Prophet Muhammad صلى الله عليه وسلم,
he (Pseudo-Muslim Akbarally Meherally)
has authored a book attacking Hadeeth حديث literature while using all non-Islaamic
and/or completely unqualified sources and/or reference. But, ironically here
he is very conveniently using the Ahadeeth احاديث. First, as I have already stated that
there is no such thing as ‘zero tolerance’ in Islaam and none of Islaamic
scholar has ever implied something like that. Having said that let me demand
that Pseudo-Muslim Akbarally Meherally
must present the timeline and Asbaab-ul-Hadeeth اسباب الحديث
along with it classification. As I have cited above and again, Riba ربا was
common in Arabia and during the early days of the Prophethood of Prophet
Muhammad صلى الله عليه وسلم, the situation did not change. Almost eight (8) years after
migration to Madinah, Ayaat آيات (verses)
in respect of Riba ربا were revealed and Riba ربا was categorically prohibited. As soon as these Ayaat آيات (verses) were revealed, everyone realized that these referred to
taking any profit on loans or credit, that this was now prohibited, and gave it
up. Pseudo-Muslim Akbarally Meherally,
has used deception here rather being honest by quoting an incident and/or
transaction prior to the prohibition of Riba ربا, however, if he (Pseudo-Muslim Akbarally Meherally) that this
transaction is post revelation of the Ayaat آيات revealed that prohibited
the Riba ربا than we demand explicit proof of that from Pseudo-Muslim Akbarally Meherally. Regarding
the highlighted part of assertions made by Pseudo-Muslim
Akbarally Meherally, I must state, that why one has to argue, since
you are the one making allegations and/or claims by suppressing the truth, therefore,
burden of proof is upon you. Why don’t you present the timeline and Asbaab-ul-Hadeeth
اسباب الحديث along with it classification to put your claim to rest?
For the readers’ sake, I must
state that Hadeeth حديث quoted by Pseudo-Muslim
Akbarally Meherally, as usual
by suppressing the truth has nothing to do with the issue of Riba ربا, it is
rather about paying the debt handsomely, please reflect on the following:
[2393]
Abu Huraira (may Allah be pleased with him) narrated: The Prophet (the blessing
and peace of Allah be upon him) owed a camel of a certain age to a man who came
to demand it back. The Prophet (the blessing and peace of Allah be upon him)
ordered his Companions to give him.
They
looked for a camel of the same age but could not find but a camel one year
older. The Prophet (the blessing and peace of Allah be upon him) told them to
give it to him. The man said: «You have paid me in full, and may Allah pay you
in full». The Prophet (the blessing and peace of Allah be upon him) said: «The
best amongst you is that who pays his debts in the most handsome manner».
[2394]
Jabir bin 'Abdullah (may Allah be pleased with him) narrated: I went to the
Prophet (the blessing and peace of Allah be upon him) while he was in the
Mosque. (Mis'ar thinks, that Jabir went in the forenoon). After the Prophet
(the blessing and peace of Allah be upon him) told me to pray too bows he repaid me the debt he owed me and gave me an extra
amount.
Notice,
how Pseudo-Muslim
Akbarally Meherally has
phrased his claim deceptively rather quoting complete Hadeeth حديث # 2394 above clears the distortion,
especially the last part i.e. ‘he repaid me the debt he owed me and gave me an extra amount.’ Nowhere Hadeeth حديث remotely imply and/or suggests that Prophet Muhammad صلى الله عليه وسلم
paid Riba ربا. Notice,
the Hadeeth حديث distinctly has two acts and/or parts (1) he repaid me the debt he owed me (2) and gave me an extra amount. But Pseudo-Muslim
Akbarally Meherally,
couldn’t resist from slandering the Prophet of Islaam i.e. رحمت العالمين Prophet
Muhammad صلى الله عليه وسلم.
Pseudo-Muslim Akbarally
Meherally writes:
THE
LAW OF NECESSITY:
Under certain prescribed circumstances the prohibited things become
permissible. Even a Haram food becomes Halal, if there is
"dire necessity". That proves; in Islam there are exemptions to the
Shari'a Laws depending upon the gravity of the necessity since Allah does not
want His creation to bear a burden that it cannot. The questions often posed
are: Does the paying of a basic normal interest on a Government Loan for
Education by a deserving student who cannot continue his studies without such a
borrowing or by an employee whose job requires a car and the wages offered
include a car allowance but the car has to be purchased from a bank loan,
constitute as the grave necessities of life? Can cases similar to these from
our daily lives be also qualified as the grave "necessities" of life?
The question is: Who can be the judge of such "exemptions"? And,
where does he draw the line between the honest necessity and the deceitful
circumventing?
Refutation!
Had Pseudo-Muslim
Akbarally Meherally, possess true belief and true knowledge of Islaam
and Islaamic fiqh, he would have refrained from uttering this non-issue; the
answers of all these questions can be found in the authentic books of fiqh
including some authentic Islaamic websites,
where all these questions have already
been answered.
Pseudo-Muslim Akbarally
Meherally writes:
ISLAMIC
BANKING & MUDARABAH:
Is there anything as "zero percent" banking? When an "Islamic" co-operative bank or a housing society purchases any article, commodity, property or the title against cash payment and then sells it at a higher price on credit as a "co-investor" or "sleeping partner", it is called "Mudarabah" (to sell at a profit). 'The Concise Encyclopedia of Islam', published by Harper & Law, Publishers, Inc., describes it as:
To stay within the letter of the religious law and soothe consciences, some banks offer the solution of mudarabah (sleeping partnership): this defines the placing of capital as a co-investment, which naturally brings a return to both parties.
Some scholars call
such arrangements as an alternative to Riba. Others call it an attempt to circumvent the Riba. The proponents
of the schemes may argue that since there is a trade agreement on the "new
price", between the buyer and the seller, and the element of risk is
involved as "co-investor", such transactions are Halal. Even
"if" that be the case, how many such "zero percent" banks
are there that can meet the needs of the Muslim families around the world? What
about the other needs for borrowings, such as; the educational loans, medical
emergencies, natural calamities, etc.? Who is responsible for the borrowings by
the "Islamic States" that collects the Zakat money from its
Citizens as their Trustees and also borrows large funds from the World Bank
and/or International Monetary Funds, on "Interest"? It is recorded
that even the Ottoman Banks used to charge and pay interest. What does that
signify, to us? Let the readers be the judge....
Refutation!
Readers must notice that again, under pretext of
‘Islaamic banking & Mudarabah’ Pseudo-Muslim
Akbarally Meherally has used
non-Islaamic source perhaps copy and paste from Internet. It obviously shows
his (Pseudo-Muslim Akbarally Meherally)
lack of education, knowledge and understanding of the subject matter. Pseudo-Muslim Akbarally Meherally, obviously does not understand Islaamic
financing, Islaamic economics system and mainly distribution of wealth in
Islaam. He (Pseudo-Muslim Akbarally Meherally)
has just inserted one Islaamic term i.e. Mudarabah مضاربه to impress the
readers, who may not know much about Islaam, let alone concept of Islaamic
banking. Pseudo-Muslim Akbarally Meherally has also made a very vague and ambiguous
statement i.e. ‘Some
scholars call such arrangements as an alternative to Riba. Others’
without being clear and/or specific. Before, I elaborate مضاربه, I must point
out that Zakat is irrelevant to the issue we are discussing, he (Pseudo-Muslim Akbarally Meherally) has
inserted Zakat as diversionary tactics.
مضاربه
Mudharaba
The term refers to a form of business contract in which one party brings capital and the other party brings personal effort. The proportionate share in profit is determined by mutual agreement. But the loss, if any, is borne only by the owner of the capital, in which case the entrepreneur gets nothing for his labor. The financier is known as “rab-al-maal ربّ المال” and the entrepreneur as “mudharib مضارب.” As a financing technique adopted by Islaamic banks, it is a contract in which all the capital is provided by the Islaamic banks, while the business is managed by the other party. The profit is shared in pre-agreed ratios, and loss, if any, unless caused by the negligence or violation of terms of the contract by the “mudharib مضارب” is borne by the Islaamic bank. The bank passes on this loss to the depositors.
The fallacious assumptions with rest of the gobbledygook made by the Pseudo-Muslim Akbarally Meherally are obvious evidence that he possesses no true knowledge, education and understanding of Islaam and Islaamic sciences. In order to clearly understand the issues Riba ربا, one must learn and understand Islaamic mode of financing, Islaamic contract, Sale, Banking in Islaam, Application of Islaamic financing and Islaamic investment, which is not limited to مضاربه Mudharaba alone. I have challenged Pseudo-Muslim Akbarally Meherally for an open public debate in front of video camera years ago beside posting the challenge on this website. But, this self-appointed scholar has so far been mute; I am not sure what he is afraid of?
Let
me synopsize the falsifications of Pseudo-Muslim Akbarally Meherally!
1.
First he (Pseudo-Muslim Akbarally Meherally) uttered absolute absurdities without any education,
knowledge and understanding of the subject matter, by merely using his fancies
and ulterior motives.
2.
While discussing
individual issues he (Pseudo-Muslim
Akbarally Meherally) injected
something off target (i.e. Mudarabah) which has nothing to do with questions
like mortgage interest, auto insurance, and student loan interest in the West,
per se, which is yet another proof of his (Pseudo-Muslim Akbarally Meherally) ignorance on the subject matter.
3.
He (Pseudo-Muslim Akbarally Meherally) used the fraudulent and/or unqualified sources i.e. Abdullah
Yusuf Ali and Muhammad Asad, both are/were not the scholars of
Islaam. But both have been intellectually dishonest for suppressing the
truth about the Hadeeth حديث of Umar Ibn
Khattab (رضى الله عنه).
4.
He (Pseudo-Muslim Akbarally Meherally) used his sources blindly since they fit his agenda,
however, this blind use of sources also alarm us about his (Pseudo-Muslim Akbarally Meherally) absolute ignorance. Had he possessed knowledge and
education, the disinformation and/or misquotes by Abdullah Yusuf Ali and
Muhammad Asad would have alerted him and perhaps prevented him using
those unqualified sources. But it takes one to be honest and learned both,
which he (Pseudo-Muslim
Akbarally Meherally) is not.
5.
Readers now know that
the complete Hadeeth حديث cited by this author (me) reveals the truth, while
impeaching Pseudo-Muslim
Akbarally Meherally and his
unqualified sources i.e. Abdullah Yusuf Ali and Muhammad Asad.
Needless to point out that Hadeeth حديث directs Muslims contrary to the fallacious and
perjurious assertions made by Pseudo-Muslim Akbarally Meherally.
6.
Before one attempt to
talk on such subjects the comprehensive knowledge and understanding is
necessary about subjects like: (1)
Economic philosophy of Islaam Vis-à-vis Interest (2) Distribution of wealth (3)
The importance of economics goals (4) The real nature of wealth and property
(5) The difference between Islaam, Capitalism and Socialism (6)
Factors of production in Islaam. Please note that these are the basic
elements of the very delicate and detailed subject matter, while the issue of
Riba ربا happens to be one of the components, which is Haraam حرام
prohibited.
Friday, October 08, 2004