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Full Length Research Paper
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Islamic banking and prohibition of Riba/interest
Ashfaq Ahmad1,
Kashif-ur-Rehman2 and Asad Afzal Humayoun3
Department
of Business Administration, University of Sargodha,
Pakistan.
Department
of Management Sciences, Iqra University, Islamabad,
Pakistan.
Foundation
University Institute of Engineering and Management Sciences
(FUIEMS),
Foundation University, Islamabad, Pakistan.
*Corresponding
author. E-mail:
ashfaquos@gmail.com.
Accepted 30 August, 2010 |
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Abstract |
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The 21st century came with blending of threats and opportunities
due to the inception of Islamic banking practices across the
globe. Islamic and conventional banking could be differentiated
due to interest, risk sharing and objectivity. This study
describes the Islamic instruction regarding Islamic banking and
prohibition of Riba/interest, and also presents a glossary
regarding prohibition of Riba/interest in the light of the Holy
Quran and Sunnah (Ahadith). It depicts the superiority of
Islamic banking as interest free banking over conventional
banking (interest based banking) due to its long lasting
benefits. Islamic banking is desirable because it promotes
cooperation and mutual benefit oriented behavior among different
stakeholders with the assurance of a welfare oriented society.
This study attempts to differentiate Islamic banking from
conventional banking on the basis of interest.
Key words:
Islamic banking, Riba, Holy Quran, Sunnah, prohibition
of interest. |
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Introduction |
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The basic
aim of Islamic banking is to perform interest-free activities based
on principles of Sharia’h and carry out only Halaal (permissible)
transactions. The most important feature of Islamic banking is the
sharing of risk among the investors, the bank and the borrowers.
Islamic banking focuses on fairness and freedom as a centrally
controlled and individually managed system according to the
instructions of Allah Almighty. Islam is a complete code of life
that is built upon the instructions given by the Allah Almighty and
practices of the holy prophet Muhammad (peace be upon him). The holy
Quran is the written instructions of Allah Almighty for humans. It
covers all aspects of human life and all types of activities (that
is, religious, social and economic) that are per-formed for the
success in this life and in the life hereafter. There are clear
instructions about Haalal and Haraam. Islam is a universal faith
that promotes brotherhood, social equality and fairness in economic
activities for the welfare of the mankind (Chapra, 1985).
It was proved that equity participation has a great potential for
larger profits along with benefits of decentralized decision-making
(Wieltzman, 1984; 1985). Equity contract is superior to debt
contract due to a number of benefits. It improves the profitability
of business units by eliminating the limitations as imposed by debt.
Furthermore, equity based banking contracts stimulate the investment
in the economy (Haque and Mirakhor, 1986).
Riba, interest, or usury is strictly prohibited in Islam as dealing
with Riba-based transactions means declaring war with Allah Almighty
and His Messenger (Muhammad, peace be upon him) Sura-e-Al-Bakara
(2:279). Islam is defined as total submission to Allah Almighty
without any condition. It is a complete code of life that consists
upon the instructions of Allah Almighty and the practices of the
Holy Prophet Muhammad (Peace be upon him). Every-one in this world
performs religious, social and economic activities in one's life.
But most of the times social and economic activities are originated
and linked with the religious activities. Islam provides a
comprehensive set of instructions to face any challenge. Economic
activities reflect the earning and spending pattern of people, which
is closely associated with religion in the form of being permissible
(Halaal) or forbidden (Haraam).
Interest by definition is an additional amount paid/ received on the
principal amount according to an agreement due to a time period
attached thereof. Even a single additional penny on the principal
amount or any
other
benefit attached with this transaction is considered as Riba (Rehman,
1993).
Table 1.
Difference between Islamic and Conventional Bank.
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Main difference |
Islamic Bank |
Conventional Bank |
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Principles |
Islamic banks follow the Principles of Sharia’h given by
Allah Almighty to perform operations and activities. |
Conventional banks follow manmade principles to perform
operations and activities. |
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Source of earnings |
Profit, service charges and consultancy fee is the main
source of earnings of Islamic banks. Profit is variable
which may be negative in case of loss. |
Interest is the main source of income for conventional
banks that is charged on different types of
loans/products. (Difference between interests charged
from borrowers and paid to depositors). It assures a
predetermined rate of interest. |
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Risk sharing
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Risk is shared among borrower, lender and bank. |
Risk is fully transferred to others.
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Profit maximization |
It aims at maximizing the profit but subject to
principles of Sharia’h. |
It aims at maximizing the profit without any restriction
even at the cost of other stakeholders. |
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Objectives |
Islamic bank works as a trading concern to generate its
income. |
It generates income as financial intermediary. Its prime
goal is the maximization of shareholders’ value at any
cost. |
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Nature of earnings |
Income of Islamic banks varies depending upon business
borrowers and environment. It may be negative in case of
loss. |
Income of conventional bank is constant even if business
borrowers suffer from loss because it charges fixed rate
of interest irrespective of profit volume. |
Islamic and conventional banking could be differentiated on the
basis of objectives, risk sharing and interest based transaction
(Ahmad et al., 2010). The main differences between Islamic and
conventional bank are summarized in Table 1.
Uzair
(1976) has presented the working structure of Islamic bank and
developed a mechanism to cope with the challenges of risk and
interest. Risk of loss is a potential threat that creates obstacles
for productive activities in the economy. The study suggested that
Islamic banks could help to reduce risk to enhance productive
activities in the economy. It is reported that different
stakeholders dealing with Islamic bank are risk neutral and actively
engaged in productive activities according to profit and loss based
contracts (Siddiqui, 1973). Friedman (1969) suggested that a nominal
zero interest rate is necessary condition for optimal allocation of
resource. It was found that zero interest rate is required and
sufficient for allocative efficiency by investigation within general
equilibrium models (Wilson, 1979; Cole and Kocherlakota, 1998).
Literature also supported that interest-free (profit and loss
sharing) system is viable and superior to an interest-based system
(Chapra, 1985; Mirakhor, 1997). It is reported that Islamic banks
perform better as compared to conventional banks due to higher
perception of service quality in Pakistan (Ahmad et al., 2010).
Similarly, a stronger positive relationship is
reported between service quality and customer satisfaction among
customers of Islamic banks (Ahmad, Rehaman and Saif, 2010).
Al-Jarhi and Iqbal (2001) defined Riba with reference to Sharia'h
scholars as “anything (big or small), pecuniary or non-pecuniary, in
excess of the principal on a loan that must be paid by the borrower
to the lender along with the principal as a condition (stipulated or
by the custom), of the loan or for an extension in its maturity.” It
is referred as Riba-al-qard or Riba-al-Quran that is known as
interest on loans in recent age. Islam prohibits all types of Riba
not only on loans but also on other transactions as Riba-al-fadl
that is linked with an exchange of commode-ties. Similarly, interest
is prohibited on all type of activities that is, whether it is
paid/received on consumption or production activities. Most
interestingly, it was also reported that the performance of Islamic
banks meets the international standards in terms of profitability (Iqbal
et al., 1998). Table 2 reveals the definition of terms used in this
study.
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Prohibition of Interest |
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Interest based activities are strictly prohibited in Islam as it is
ordered by the Allah Almighty in the Holy Quran. In Islam,
religious, social and economic activities have strong ties with each
other, so economic activities (that is, earning and spending pattern
of any individual)
Table 2.
Definition of terms.
|
Term |
Definition |
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Shariah |
“The Path”, term of Islamic law consists of Islamic
instructions based on the Holy Quran and Sunnah). |
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Quran |
The holy book of Muslims, delivered by Allah Almighty on
His last prophet Muhammad (peace be upon him). |
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Sunnah |
The example of the Prophet Muhammad as contained in his
hadiths, or sayings, including his actions
and silent approval of
actions done in his presence. |
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Zakat |
Compulsory annual payment/contribution by Muslims
according to Islamic principles. |
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Riba |
Interest, usury or any additional benefit than principal
amount. |
earning and spending pattern of any individual) should be in line
with the Islamic principles. Banks are actively engaged in different
economic activities by developing a liaison among various
stakeholders for financial and productive ventures. Banking
activities must be interest-free and purely according to principles
of Sharia’h for the welfare of the all segments of the society.
The
Holy Quran has clear instructions regarding business and trading
activities as earnings from trade (Bai) is halal but interest (Riba)
based activities are Haraam. Banking activities are the part of
economic activities and Islam allows Riba-free banking only.
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Prohibition
of Inertest in
the Holy Quran |
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Riba is prohibited step by step by Allah
Almighty by conveying its pros and cons in the Sura-e-Rome (30:39)
and finally declared Haraam in the Sura-e-Al-Bakara (2:275). The
following verses of the Holy Quran clearly reflect the instructions
regarding Riba.
“That which ye given in Riba 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” (30:39).
This is the first stage, to convey the pros and cons of Riba. In
this verse, Allah Almighty disclosed the pros and cons of Riba and
ordered to spread charity. People only consider extrinsic
characteristics of Riba to increase their capital manifold and
ignores the intrinsic fatal outcome of Riba. It is strongly
recommended that Muslims must frequently distribute charity, Zakat
and donations among deserving people for sake of increase in your
income and success in this life and in the life hereafter.
“That they took Riba, though they were forbid-den; and that they
devoured men's substance wrongfully. We have prepared for those
among them who reject faith, a grievous punishment” (4:161).
This holy verse shows the historical perspectives of Riba. There is
always a segment of people even in the previous nations of the
world, who practices Riba-based activities and eat the property of
others in an unlawful and unethical manner. These people are warned
for exemplary trial and bad consequences of their deeds.
“O ye who believe! Devour not Riba, doubled and multiplied; but fear
Allah; that ye may (really) prosper”. “Fear the fire, which is
prepared for those who reject faith”. And obey Allah and the
Messenger; that ye may obtain mercy” (3:130-2).
This holy verse makes a strong foundation for the prohibition of
Riba by declaring it as unwanted activity. The people are ordered to
stop eating the earnings from Riba and follow the instructions of
Allah Almighty. It rejects manifold increase in the Riba and warns
the people. It also inspires the human being to be obedient to Allah
Almighty for ultimate success.
“Those who devour Riba 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 Riba'. But Allah hath permitted trade and
forbidden Riba. 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 (forever)” (2:275).
These verses show the final prohibition of Riba by the Creator of
this universe. The persons who eat Riba are like those that are
touched by Satan and became unsound in mind. They foolishly argue
that trade is like Riba. But trade is declared Halaal and Riba is
haram by Allah Almighty.
“Allah will deprive Riba of all blessing, but will give increase for
deeds of charity; for He loved not creatures ungrateful and wicked”
(2:276).
Allah Almighty does not bestow blessings upon Riba-based activities
and orders to stop them, as He dislikes the violent. But there are
uncountable blessings attached with the deeds of charity and
sadaqaat.
“O ye who believe! Fear Allah and give up what remains of your
demand for Riba, if ye are indeed believers” (2:278). “If you 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” (2:279).
These verses are related to desired post prohibition behavior of
believers. Believers of Allah Almighty are required to waive the
interest due to them by borrowers and recover only principal amount.
“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” (2:280). “And fear the Day when ye
shall be brought back to Allah. Then shall every soul be paid what
it earned, and none shall be dealt with unjustly” (2:281).
Finally, these verses are the best examples to promote a sense of
brotherhood and collective welfare through cooperation. This is
because in these verses we can clearly see that the values of
tolerance, understanding and empathy are being promoted. These
verses also educate us to not to be too obsessed with the
accumulation of wealth. Indeed it reminds us that our life is just a
journey to the eternity and therefore what should matter most in our
life is the accumulation of Allah’s pleasure and not the
accumulation of wealth for the sake of wealth alone. should be in
line with the Islamic principles. Banks are actively engaged in
different economic activities by developing a liaison among various
stakeholders for financial and productive ventures. Banking
activities must be interest-free and purely according to principles
of Sharia’h for the welfare of the all segments of the society. The
Holy Quran has clear instructions regarding business and trading
activities as earnings from trade (Bai) is halal but interest (Riba)
based activities are Haraam. Banking activities are the part of
economic activities and Islam allows Riba-free banking only.
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Prohibition of Interest in the Sunnah
(Ahadith) |
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The
Holy Prophet (Peace be upon him) gave us a complete code of life
that covers all aspect of human life (that is, religious, social,
and economic activities). Islam as a religion of peace, brotherhood
and cooperation has its prime concern of being totally submissive to
Allah. Islam ensures complete success in this life and the hereafter
by following the instructions of the Holy Quran and Sunnah
(practices of the holy Prophet Muhammad-Peace be upon him). The holy
Quran has clearly declared an interest as Haraam and people are
prohibited to practice it. Similarly, the Holy Prophet Muhammad
(Peace be upon him) discouraged interest based activities and
strictly prohibited to practice it. Prohibition of Riba is depicted
from following Ahadith.
Abu
Saad al Khudri (R.A) narrated that the Holy Prophet (Peace be upon
him) said: “Gold for gold, silver for silver, wheat for wheat,
barley for barley, dates for dates and salt for salt, like for like,
payment being made hand by hand. If anyone gives more or asks for
more, he has dealt in Riba. The receiver and giver are equally
guilty” (Muslim).
This
hadith specifies the six commodities to be ex-changed at equal and
alike. Two of them are represented as money commodity while others
are staple food items.
Abu
Hurayrah (R.A) narrated that the Holy Prophet (Peace be upon him),
said: “There will certainly come a time for mankind when everyone
will take Riba and if he does not do so, its dust will reach him”
(Abu Daud).
This
hadith indicates the frequency and excess of Riba in the economy. It
was estimated that there will be a time when every transaction would
involve the interest/Riba directly or indirectly.
Jabir
(R.A) narrated that the Holy Prophet (Peace be upon him), cursed the
receiver and the payer of Riba, the one who records it and who
witnesses to the transaction and said: “They are all alike (in
guilt)” (Trimizi).
This
hadith reflects the badness of Riba and involvement of different
parties in Riba based transactions. The holy prophet Muhammad (peace
be upon him) cursed the four parties that is, receiver, payer,
witness and the person who document it. It shows that all the
parties equally participated in sin.
Ans
Ibn Malik (R.A) narrated that the Holy Prophet (Peace be upon him),
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 favors mutually” (Kitab al
Buyua).
It
reflects the careful treatment of monetary transaction to control
Riba in the economy. It indicates that any excessive amount or even
additional benefit and facility than the principal amount could be
the part of Riba.
Abu
Hurayrah (R.A) narrated that the Holy Prophet (Peace be upon him),
said: “On the night of Ascension I came upon people whose stomachs
were like houses with snakes visible from the outside. I asked
Gabriel (A.S.) who they were. He replied that they were people who
had received Riba” (Musnad Ahmed).
It
indicates the terrible results of Riba based activities. The holy
prophet Muhammad (peace be upon him) explains the punishments for
the people that were engaged in Riba oriented transactions.
Abu
Hurayrah (R.A) narrated that the Holy Prophet (Peace be upon him),
said: “Allah would be justified in not allowing four persons to
enter paradise or to taste its blessings; he who drinks habitually,
he who takes Riba, he who usurps an orphan's property without right,
and he who is undutiful to his parents” (Kitab al Buyua).
Similarly, this hadith shows the punishments for the bad deeds in
this world including Riba. It reveals that receipt and payment of
Riba is an unwanted activity that may lead towards curse and
punishment.
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Summary and Concluding
Remarks |
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Inception of Islamic banking across the globe requires a study to
differentiate the Islamic and conventional banking system. Human
beings perform religious, social and economic activities according
to their specific environment. In Islam, social and economic
activities are closely tied with religious activities. Every Muslim
is required to execute only those activities which are permissible (Halaal)
and must refrain from prohibited (Haraam) deeds. The basic source of
Islamic instructions is the Holy Quran and the Sunnah. Islam allows
trade oriented activities in the society for the collective well
being. On the other hand, Riba/interest oriented transactions are
strictly prohibited in Islam. This study presented a glossary
regarding prohibition of Riba/interest in the light of the Holy
Quran and Sunnah (Ahadith). It depicts the superiority of Islamic
banking as interest free banking over the conventional banking
(interest based banking) due to its long lasting benefits. Islamic
banking is desirable because it promotes cooperation and mutual
benefit oriented behavior among different stakeholders with
assurance of welfare oriented society. This study attempts to
differentiate Islamic banking from the conventional banking on the
basis of interest. |
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References |
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Ahmad
A, Rehman K, Saif MI (2010).
Islamic Banking Experience of Pakistan: Comparison of Islamic and
Conventional Banks. Int. J. Bus. Manage., 5 (2): 137-144.
Ahmad
A, Rehman K., Saif MI, Safwan, MN (2010).
An
Empirical Investigation of Islamic Banking in Pakistan based on
Perception of Service Quality. Afr. J. Bus.
Manage., 4(6), 1185-1193.
Chapra MU (1985). Towards A Just Monetary System, Leicester: The
Islamic Foundation.
Cole
HL, Kocherlakota N (1998). Zero Nominal Interest Rates: Why they’re
good and get
them. Fed. Reserve Bank Minneapolis Q., 22: 2-10.
Friedman M (1969). The optimum quantity of money, The Optimum
Quantity of Money and Other Essays. Chicago: Aldine, pp. 1-50.
Haque
NU, Mirakhor A (1986). Optimal profit-sharing contracts and
investment in an interest-free Islamic economy. World Bank and IMF,
Washington, DC.
Iqbal
M, Ahmed A and Khan T (1998). Challenges facing Islamic Banking.
Islamic Research Training Institute. Occasional Paper No.1, King
Fahad National Library.
Mirakhor, A. (1997). Progress and Challenges of Islamic Banking.
Rev. Islamic Econ., 4(2): 1-11.
Rehman G (1993). Prohibition of Riba-An Analysis of Different Kinds
of Riba), Institute of Maarif-e Islami, Mansoora, Lahore, Pakistan.
Siddiqui MN (1973). Banking Without Interest, Lahore: Islamic
Publication.
Uzair,
M. (1976). Some Conceptual and Practical Aspects of Interest-Free
Banking. Studies in Islamic Economics. Pp. 37-57.
Wieltzman M (1984). The Share Economy. Harvard University Press,
Cambridge, M.A.
Wieltzman M (1985). Profit sharing as macroeconomic policy, Am.
Econ. Rev., pp.41-45.
Wilson C (1979). An Infinite Horizon Model with Money. In: Jerry R.G.
and Jose`, A.S., (eds.), General Equilibrium, Growth and Trade. New
York: Academic Press. pp. 81-104.
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