Assalamu Alaykom Wa Rahmatu Allah
First: The Prophet, sallallaahu ‘alayhi wa sallam, was authentically reported
to have cursed the taker and giver of Riba as well as the notary and two
witnesses of it. Authentic Hadiths were abundantly reported in this regard. For
instance, Jaabir ibn Abdullaah (may Allah be pleased with him) said: "The
Prophet, sallallaahu ‘alayhi wa sallam, cursed the taker of Riba, its giver,
its notary, and its two witnesses. He said that they are equal in sin.
In his commentary on Muslim's Saheeh, Imam An-Nawawi said: "This is an explicit
statement on prohibiting writing down the document of the dealers of Riba and
witnessing it. It implies the prohibition of cooperation on falsehood.Had the
creditor taken a ruling different from that of the borrower, the Prophet,
sallallaahu ‘alayhi wa sallam, would not have kept silent on that, particularly
in the position of legislation and conveying from Allah The Almighty. The
scholars also would not have kept silent on explaining the difference that a
direly-needed matter is based on. On the contrary, the Prophet, sallallaahu
‘alayhi wa sallam, affirmed that both the taker and giver of Riba are equal in
sin.
An-Nawawi did the same thing when he explained the Prophet's saying, "Gold for
gold…both the taker and the giver are equal. He said: "The payer and taker of
the extra are disobedient usurers. Ibn Hajar Al-‘Asqalaani held the same stance
while explaining the Hadiths of Riba and Allah's Saying: "Those who consume
Riba…" in his book Fat-h Al-Baari. Ibn Hajar quoted At-Tabaraani as saying:
"Allah mentioned the taker of Riba in particular because people on whom these
verses were revealed lived on Riba. Otherwise, the punishment is allocated for
anyone dealing in Riba whether he lived on it or not.
Second: Proofs from the Sunnah include the saying of the Prophet, sallallaahu
‘alayhi wa sallam, "Do not sell one dinar for two dinars or one dirham for two
dirhams; I fear you fall into Riba. That is to distinguish between what is
prohibited as prohibition of means and what is prohibited as prohibition of
purpose. Thus, the Prophet, sallallaahu ‘alayhi wa sallam, forbade selling one
dinar for two dinars in cash, which is Riba Al-Fadhl (excess usury), for fear
of falling into Riba An-Nasee'ah (Delay usury).
Al-Al-Qayyim clarified this point saying:
Riba is divided into two categories: apparent and hidden. The apparent category
has become prohibited due to the great harm it entails, whereas the hidden one
is prohibited because it is a pretext to the apparent category. It means that
the first category is prohibited for its purpose and the second is prohibited
due to the result it leads to.
The apparent category includes Riba An-Nasee'ah (delayed usury) that people in
the pre-Islamic era used to practice. Riba An-Nasee'ah signifies that a
borrower delays the payment of the debt in return for extra money, and the more
the debt is delayed, the higher the money will be paid until one hundred
becomes thousands. Therefore, Allah The Most Merciful prohibited Riba and
cursed its taker, giver, notary, and two witnesses. He prohibited it out of His
Mercy, Wisdom, and Generosity to His slaves and informed the one who does not
give it up of a war against him from Allah and His Messenger. Riba Al-Fadl
(excess usury), however, is prohibited in order to block the means leading to
the prohibition.
Third: scholars concluded with certitude that Riba An-Nasee'ah is prohibited in
itself and for its purpose, and recent scholars followed the early ones in this
respect. Fiqh academies that expressed this fact include Islamic Research
Academy in Cairo thirty years ago. They issued a statement in 1385 A.H. saying:
"Lending money in interest is prohibited and neither need nor necessity
legalizes it. Similarly, borrowing in interest is prohibited and the borrower
becomes sinful except when forced to it by necessity. In this regard, a Muslim
will be religiously accountable for proportioning one's necessity.Contemporary
Fiqh Academies unanimously agreed on this ruling, but the context does not
permit quoting their fatwas on the issue.
Based on what is stated above, borrowing in interest is not prohibited by
virtue of other a prohibition of means; it is prohibited in itself a
prohibition of purpose exactly like lending in interest. So, it is not correct
to say that borrowing in interest for study purposes is permissible on the
pretext that education is a need which makes the prohibition by virtue of
others lawful.
Dr.Main Al-Qudah
Assistant Professor of Islamic Studies
Imam, MAS Katy Center
Member, AMJA Fatwa Committee
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سياسة النشر في المجموعة:
ترك ما عارض أهل السنة والجماعة... الاكتفاء بأمور ذات علاقة بالاقتصاد الإسلامي
وعلومه ولو بالشيء البسيط، ويستثنى من هذا مايتعلق بالشأن العام على مستوى الأمة
كحدث غزة مثلا... عدم ذكر ما يتعلق بشخص طبيعي أو اعتباري بعينه باستثناء الأمر
العام الذي يهم عامة المسلمين... تمرير بعض الأشياء الخفيفة المسلية ضمن قواعد
الأدب وخاصة منها التي تأتي من أعضاء لا يشاركون عادة، والقصد من ذلك تشجيعهم على
التفاعل الإيجابي... ترك المديح الشخصي...إن كل المقالات والآراء المنشورة تُعبر
عن رأي أصحابها، ولا تعبّر عن رأي إدارة المجموعة بالضرورة.
