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Opinion, September 2003, www.aljazeerah.info |
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Borrowing Money on Interest Adil Salahi, Arab News, 9/15/03 Q. A person who was in great need to sort out some unexpected problems borrowed money on interest from a non-Muslim colleague. He was unable to arrange an interest-free loan. Is his action permissible? Shaikh K. A. The rule, which applies to loans, in general is that “any loan which makes a gain for the lender is usurious.” The lender should provide the loan free of charge, with the intention of helping someone else through a difficulty. The reward he gets is that granted by God, who definitely gives a rich reward for such a kind action. Islam strongly prohibits usurious loans, making it clear that both lender and borrower are disobedient to God. Indeed, the prohibition of usury is one of the strictest in Islamic law. The Prophet says: “God curses the person who devours usury, the one who pays it, the one who writes the contract between lender and borrower, and the two witnesses to the contract.” This means that anyone who has anything to do with the arrangement or promotion of usurious transactions commits a sin, and earns God’s displeasure. We must steer away from any such arrangements. Having established this principle, we move on to consider the case in hand. It is clearly an arrangement that, at face value, falls within the definition of usury. Hence, it should be pronounced as forbidden. But then we need to look at the special circumstances of the case. We look at whether the borrower has really endeavored to meet his difficulty in a way that is perfectly acceptable to Islam. Has he approached all friends who might have helped him with his difficulty? We should also look at the problem he has faced: Is it a case of absolute necessity, or a need that he could have easily done without? If the man made such endeavors and could not raise the money, and his problem was of the nature of an emergency that must be sorted out immediately, then there may be a case for applying the rule that says: “Necessities relax prohibitions.” This means that the prohibition is waived in a special case, within the limits of the case and the necessity involved. However, each case is considered on its own merit. With the limited information I have about this case, I cannot make a judgment on whether it qualifies as an emergency. Unfulfilled Intention Q. Before I came here, I intended to give two months’ salary for charity, including a contribution to the building of a mosque in my village. On arrival, I discovered that I was cheated and I had to accept a salary of about one half of what I was promised. Despite the passage of several years, I have not fulfilled that intention. I want to do so now, but which salary it should be — the one promised, or the actual one, or my present salary, which is higher than both? S. Akhtar, Jeddah A. If this was a mere intention, then you are free to act on it or not. If you do, you receive God’s generous reward; and if you do not, you deprive yourself of that reward. Hence, it is infinitely better to do so. If you find it difficult, then do as much of it as you can, without putting yourself to hardship. On the other hand, if this was a pledge, which means a firm promise made to God, then it becomes a duty and must be fulfilled. It should be put into effect as soon as possible. The promised salary, which was not paid at the time, is not the one to be used. What is due is the actual salary you started with. However, since you have delayed it so long, if you pay more, it is better. The more you pay, the greater is your reward.
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Opinions expressed in various sections are the sole responsibility of their authors and they may not represent Al-Jazeerah's. editor@aljazeerah.info |