CHAPTER TWO:CONT'D
Usury (Riba)
It
is most unfortunate that receiving or paying 'riba’ (usury), has become
part of our modern society. It has become the norm in our daily life. To
mention but a few examples, our banking systems, making use of credit cards or
insurance for our properties, are all involving taking or giving riba (usury).
Usury and consuming other people's property has been strictly forbidden in the
Qur'an. The Holy Qur'an says in Su'rat AI-Imra'n (Chapter 3 Verse 130), "O
you who believe! Eat not Riba doubled and multiplied, but fear Allah that you
may be successful (130 ".((Study the Noble Qur'an -
Word-for-Word).
يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُواْ لَا
تَأۡڪُلُواْ ٱلرِّبَوٰٓاْ أَضۡعَـٰفً۬ا مُّضَـٰعَفَةً۬ۖ وَٱتَّقُواْ ٱللَّهَ
لَعَلَّكُمۡ تُفۡلِحُونَ (130)
Allah
also says in Su'rat An-Nisaa' (Chapter 4 verse 29), "O you who believe!
Eat not up your property among yourselves unjustly except it be a trade amongst
you, by mutual consent ............. (29)." (Study the Noble Qur'an —
Word-for-Word).
يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُواْ لَا
تَأۡڪُلُوٓاْ أَمۡوَٲلَكُم بَيۡنَڪُم بِٱلۡبَـٰطِلِ إِلَّآ أَن تَكُونَ تِجَـٰرَةً
عَن تَرَاضٍ۬ مِّنكُمۡۚ ....(29)
‘Mutual consent’ in the above Verse, means
that the exchange should be free from undue pressure, fraud and deception. In a
nutshell, although bribery and the so-called interest apparently represent
transactions based on mutual consent, they actually take place under constraint
or pressure. The existence of interest in a society
generates moral diseases such as greed, meanness and selfishness among those who
receive interest. At the same time, the borrowers who haven to pay interest
develop strong feelings of hatred and resentment against the lenders. The
messenger of Allah said, "A time will come to mankind when man will not
care whether what he gets comes from a lawful or an unlawful source" (Bukhari).
Many
people have been asking for clarification regarding the difference between
interest from a bank loan and the profit which Financing Companies take when buying
anything, such as a car or a house through them. Many scholars are in agreement
that, while the bank interest is ‘haram’,
the profit which a Financing Company is charging is 'halal‘. The reason is, while the bank lends you
money which is paid back with interest, the Financing Company buys the car or
house and then sells it to you at a profit in the same way a Car Agent or a Real-Estate
Broker does. This is why one is called 'interest' and the other a 'pr0fit,"
(Allah Knows best).
Some
scholars are, however, rather hesitant in accepting the above argument on the
bases that Prophet Muhammad, peace be upon him, said, "A time will come
when people will devour usury (Riba) calling it 'trade'," (Bukhari,
Muslim). It is most unfortunate that many people are forced into the situation
of borrowing money by certain socio-economic circumstances. Lucky are those who
have the means or sufficiently strong faith to resist this evil!
Repentance of Usury (Riba)
Like in all other sins, repentance means
that one feels regret and must be filled with remorse for his sin — in this
case, for taking riba (usury). Secondly one must discontinue consuming riba
forthwith. Thirdly, he who has taken interest must return it and so remain with
only his capital. In case, he does not know the owners from whom he has taken
the said interest or in case of dealing with the banks, then the interest is
regarded as a wealth whose owner is unknown about which scholars suggest that
it should be given to the poor, not on the basis of being charity but,
contrarily, on the basis of being the wealth of unknown
possessor. The Holy Qur'an tells us in Su'rat
Al-Baqarah (Chapter 2 Verse 275), "Those who eat Riba’ will not
stand (on the Day of Resurrection) except like the standing of a person beaten
by Shaita'n (Satan) leading him to insanity. That is because they say: ‘Trading is only like Riba', whereas
Allah has permitted trading and forbidden Riba'. So whosoever receives
an admonition from his Lord and stops eating Riba', shall not be
punished for the past; his case is for Allah (to judge); but
whoever returns to Riba', such are the dwellers of the Fire —they will
abide therein (275)." (Study the Noble Qur'an —- Word-for-Word).
ٱلَّذِينَ يَأۡڪُلُونَ ٱلرِّبَوٰاْ لَا
يَقُومُونَ إِلَّا كَمَا يَقُومُ ٱلَّذِى يَتَخَبَّطُهُ ٱلشَّيۡطَـٰنُ مِنَ
ٱلۡمَسِّۚ ذَٲلِكَ بِأَنَّهُمۡ قَالُوٓاْ إِنَّمَا ٱلۡبَيۡعُ مِثۡلُ ٱلرِّبَوٰاْۗ
وَأَحَلَّ ٱللَّهُ ٱلۡبَيۡعَ وَحَرَّمَ ٱلرِّبَوٰاْۚ فَمَن جَآءَهُ ۥ
مَوۡعِظَةٌ۬ مِّن رَّبِّهِۦ فَٱنتَهَىٰ فَلَهُ ۥ مَا سَلَفَ
وَأَمۡرُهُ ۥۤ إِلَى ٱللَّهِۖ وَمَنۡ عَادَ فَأُوْلَـٰٓٮِٕكَ أَصۡحَـٰبُ
ٱلنَّارِۖ هُمۡ فِيہَا خَـٰلِدُونَ (275(
If a person is really God-fearing, and if
he has truly undergone a change under the influence of Islam, he will try to abstain
from spending on himself the income which he has obtained by illegitimate
means. He will try all possible ways to return his illegitimate earnings to their
original owners or hand it out to people who are in hardship. As for the one that
continues to spend this money on oneself, he or she will surely be punished by
Allah.
Allah
also tells us in Su'rat Al-Baqarah (Chapter 2 Verses 278-279) "O you who
believe! Be afraid of Allah and give up what remains (due to you) from Riba'
(from now onward) if you are (really) believers (278). And if you do not do it,
then take a notice of war from Allah and His Messenger; but if you repent, you
shall have your capital sums. Deal not unjustly (by asking more than your
capital sums) (279)." (Study the Noble Qur'an — Word-for-Word).
يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُواْ
ٱتَّقُواْ ٱللَّهَ وَذَرُواْ مَا بَقِىَ مِنَ ٱلرِّبَوٰٓاْ إِن كُنتُم
مُّؤۡمِنِينَ (278) فَإِن لَّمۡ
تَفۡعَلُواْ فَأۡذَنُواْ بِحَرۡبٍ۬ مِّنَ ٱللَّهِ وَرَسُولِهِۦۖ وَإِن تُبۡتُمۡ
فَلَڪُمۡ رُءُوسُ أَمۡوَٲلِڪُمۡ لَا تَظۡلِمُونَ وَلَا تُظۡلَمُونَ (279)
* * * * * * * * *
Gambling
The
games of chance (Gambling) are another way from which people take possession of
each other's money wrongfully. The participants in lottery, apparently,
seem to agree to the outcome of winning or losing. However, by looking at it
closely, no one would risk one's money or property if one did not have a hope
of winning. It cannot, therefore, be a fair deal under any circumstances as
long as there is an unhappy loser. Gambling includes any games in which betting
is involved, (dice, chess, cards etc.). It can easily lead to the destruction
of one's life. No wonder then God has forbidden it and included it among major
sins.
Repentance of Gambling
First
and foremost one has to give-up gambling straight away and keep away from the
people who do it and from the places where gambling is practised. One has to
regret sincerely for having involved himself in the sin and resolve never to
return to it. One is also required to give back all that
one has earned through gambling to the owners and in case of not knowing them
one must give them to the Muslim poor. Indeed, a mere calling at the place of
gambling is an offence, the repentance of which entails a charity-giving. It
was narrated by Abu Hurayra that the Prophet said," whoever says to his
companion, ‘Come on, let's gamble,‘ let him give in charity." Therefore,
if merely speaking of gambling requires one to give charity, what would be the
punishment for gambling itself?
* * * * * * * * *
Stealing
Stealing
is considered to be in the category of depriving people of their properties
unlawfully. However, while taking or giving interest and games of chance, may
have an apparent mutual consent, stealing does not. It is simply taking
someone's property without his consent or knowledge. It could be that his life
and that of his family depend entirely on that property. This, in my view, aggravates the sin even more
and could be the reason for the ruling in the Qur'an that a thief's hand must
be chopped off as a punishment. The Holy Qur'an says in Su'rat Al-Ma'idah (Chapter
5 Verse 38), "And (as for) the male thief and the female thief, cut-off
(from the wrist joint) their (right) hands as a recompense for that which they
committed, a punishment by way of example from Allah. And Allah is
All-Powerful, All-Wise (38("
(Study the Noble Qur'an— Word-for-Word).
وَٱلسَّارِقُ وَٱلسَّارِقَةُ فَٱقۡطَعُوٓاْ
أَيۡدِيَهُمَا جَزَآءَۢ بِمَا كَسَبَا نَكَـٰلاً۬ مِّنَ ٱللَّهِۗ وَٱللَّهُ
عَزِيزٌ حَكِيمٌ۬ (38)
Aisha,
Allah's blessings be on her, narrated, "The people of the Quraish became
very worried when a lady from the Makhzumi tribe committed theft. They said,
‘No one can intercede for her with the Prophet except Usamah bin Zaid, who is
the favourite of Allah's Messenger’. When Usamah spoke to Allah's Messenger about
this, he said, ‘Do you intercede with me in the matter whose punishment has
already been prescribed by Allah?‘ Then he got up and addressed the people,
saying, ‘O people! The nations before you went astray because, when the people
of lower standard among them committed theft they applied the prescribed
punishment to them; when the dignitaries committed it, they did not apply it to
them. By Allah, if Fatima, the daughter of Muhammad commits a theft, Muhammad
will cut off her hand!‘ Thereupon the Makhzumi woman's hand was cut off."
Repentance of Stealing
Repentance of stealing is not different
from repentance of taking unlawfully money by other means. A thief must go
through the same procedures of dissuading him to commit the offence, repent of doing it and try his best to
return the stolen property to the owner. In case of failing, he must hand it
out to the needy ones, not as charity, but as the property whose owner is not known.
The reward for the giving of the property, however, will not be to his
advantage, yet he will gain reward for merely complying with the order of
distributing it to the needy. It is only after he had done this that he will deserve
to get forgiveness from Allah. I would like to relate a story of a lady
that I know, who spent most of her elderly life repenting of whatever sins she
committed during her youth. She was literally searching her mind to try to remember
every wrong she did in her lifetime. One morning she called her son and said,
"Call for me the daughter of so and so". When the daughter came, the lady said to
her, "Many years ago, I bought some perfume. After using a drop of it I
found I did not like it and I sold it to your late mother. But I feel I cheated
her by not telling her that I used some of it. Therefore I would like to pay you
back in cash the cost of the perfume." The young lady was so kind to her
and forgave the old lady straight away. It was only after this that the old
lady felt peace in her mind. May Allah, the Most Gracious, forgive her of all
her sins and accept her in Jannah AI-Firdaus— AMIN.
As
a closing statement, I must admit that it is not humanly possible for one to
remember every single sin one committed during one's life-time. However, one
must make an effort to remember all those he wronged and do his best to obtain
their forgiveness first before he turns to Allah for His forgiveness. Allah knows
best of your efforts and sincerity and He is Most—Forgiving.
The
incident of the lady above is a good example and it is for this reason that I
wrote it.
* * * * * * * * *
Appropriating Orphans' Money
Included
in the category of major sins for the "consumption of people's
property" is misappropriation of orphans' money. After the establishment of the Islamic state, Islamic Law ensured protection
for the rights and the interests of all citizens, including orphans, by a
variety of administrative and legal safeguard. With regard to orphans, the
Qur'an says in Su'rat Al-Isra’ (Chapter 17 Verse 34) "And come
not near to the orphan's property except to improve it, until he attains the
age of full strength. And fulfill) every covenant. Verily, the covenant will be questioned about
(34)." (Study the Noble Qur'an — Word-for-Word).
وَلَا تَقۡرَبُواْ مَالَ ٱلۡيَتِيمِ إِلَّا
بِٱلَّتِى هِىَ أَحۡسَنُ حَتَّىٰ يَبۡلُغَ أَشُدَّهُ ۥۚ وَأَوۡفُواْ
بِٱلۡعَهۡدِۖ إِنَّ ٱلۡعَهۡدَ كَانَ مَسۡـُٔولاً۬ (٣٤)وَلَا تَقۡرَبُواْ مَالَ ٱلۡيَتِيمِ إِلَّا
بِٱلَّتِى هِىَ أَحۡسَنُ حَتَّىٰ يَبۡلُغَ أَشُدَّهُ ۥۚ وَأَوۡفُواْ بِٱلۡعَهۡدِۖ
إِنَّ ٱلۡعَهۡدَ كَانَ مَسۡـُٔولاً۬ (34)
It
says in Su'rat An-Nisaa' (Chapter 4 Verse 6), " -------- and whoever (amongst
the guardians) is rich, he should take no wages, but if he is poor, let him
have for himself what is just and reasonable (according to his labour). -------------
(6)." (Study the Noble Qur'an —— Word-for-Word).
....وَمَن كَانَ غَنِيًّ۬ا فَلۡيَسۡتَعۡفِفۡۖ
وَمَن كَانَ فَقِيرً۬ا فَلۡيَأۡكُلۡ بِٱلۡمَعۡرُوفِۚ .... (6)
Mohammad
bin Uthman Adh-Dhahabi, in his book, ‘The Major Sins‘, said, (Quote): "lbn
al-Jawazi, in his commentary on the Qur'an, lists four opinions concerning the
definition of 'reasonable
compensation': (1) He may take it as a loan; (2) he may take according to his
need, without wastefulness; (3) he may take wages according to the effort and time
spent in the management of the property; and (4) he may take (from it) from time
to time according to his need — that is, if he is in easy circumstances, he
takes nothing, but if he is in difficulty, he takes something." (End of
quote).
But
the Holy Qur'an also warns in, Su'rat An-Nisaa’ (Chapter4 Verse 10), "Verily, those who unjustly
eat up the property of the orphans, they eat up only fire into their bellies,
and they will be burnt in the blazing Fire (10)." (Study the Noble Qur'an
— Word- for-Word(.
إِنَّ ٱلَّذِينَ يَأۡڪُلُونَ أَمۡوَٲلَ
ٱلۡيَتَـٰمَىٰ ظُلۡمًا إِنَّمَا يَأۡڪُلُونَ فِى بُطُونِهِمۡ نَارً۬اۖ
وَسَيَصۡلَوۡنَ سَعِيرً۬ا (10)
Repentance of Appropriating 0rphan's Money
This
is similar to the repentance of taking interest, gambling and stealing.
* * * * * * * * *
Giving or Accepting Bribe
Giving
or accepting bribe is yet another evil and a major sin.[- But other scholars
say that if you have no way to get your right except by giving bribe, then it
is permissible to you to give it and the receiver is the sinner for his act to
deprive you of your right and so compel you to do so.]
Accepting bribe from one source leads one to offering unfair opportunity to one
person while depriving others in a competitive situation, such as in business
transactions. Basically, bribe is outlawed in judicial judgement. It says in Su'rat Al-Baqarah (Chapter 2
Verse 188), "And eat up not one another's property unjustly (in any
illegal way, e.g. stealing, robbing, deceiving), nor give
bribery to the rulers (judges before presenting your case) that you may
knowingly eat up a part of the property of others sinfully (188)." (Study
the Noble Qur‘an — Word-for-Word).
وَلَا تَأۡكُلُوٓاْ أَمۡوَٲلَكُم بَيۡنَكُم
بِٱلۡبَـٰطِلِ وَتُدۡلُواْ بِهَآ إِلَى ٱلۡحُڪَّامِ لِتَأۡڪُلُواْ فَرِيقً۬ا
مِّنۡ أَمۡوَٲلِ ٱلنَّاسِ بِٱلۡإِثۡمِ وَأَنتُمۡ تَعۡلَمُونَ ((188
Abdullah ibn Umar narrates that Muhammad,
peace be upon him, said "Cursed are the takers and givers
of bribe" (Tirmidhi).
Repentance of Giving or Accepting Bribe
Once
again, in order to repent of this sin one has to stop committing the sin
forthwith. He has to regret for his past action; and if he had accepted a bribe, he ought to dispose of it and try, if possible,
to undo any damage done, before he could ask for God's forgiveness. However, this
money cannot be returned to the owner since he himself is a sinner. According
to scholars, this money can only be offered to the needy Muslims or for the welfare
of the victimized party.
Giving
or accepting bribe, essentially, affects other parties— such as the ones deprived of fair competition in whatever situation. As
such, if it is possible, it will be imperative that the forgiveness of such
parties be sought before Allah could forgive you. If, however, that is not
possible for any reason, one ought to ask for Allah's forgiveness and Mercy in
the same way as in other similar situations, and hope that Allah will forgive
him.
Reference:
Major
Sins & Sincere Repentance, by Abdullah Amor Al-Marhuby, pg: 123-136.
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