COMPLETE! BANK INTEREST LAW ACCORDING TO CONTEMPORARY SCHOLARS: RIBA?

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Bincang Syariah

Published on Jun 29, 2020
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#bankinterest #riba #shariabanking Riba literally means growing and increasing. While in terms of terminology, Abdurrahman Al-Jaziri in the book Al-Fiqh 'ala al-Madzahib al-Arba'ah defines it as "the increase of one of two similar exchanges without any compensation for this addition". For example, exchanging 10 kilograms of sticky rice for 12 kilograms of sticky rice, or A is willing to lend Rp300 thousand to B, as long as B is willing to return it for Rp325 thousand. Scholars, both salaf scholars (four schools of thought) and contemporary scholars, all agree on the prohibition of riba. Even scholars who allow bank interest also prohibit riba. Thus it can be understood that the difference of opinion of scholars is not about the law of prohibition of riba, but rather about the law of bank interest. Scholars who prohibit bank interest consider that bank interest is riba, while scholars who allow it believe that it is not riba. In conventional banking activities, there are two types of interest: First, deposit interest, which is interest given by the bank as an incentive or reward for customers who save their money in the bank, such as checking services, savings interest, or deposit interest. For the bank, deposit interest is the purchase price. Second, loan interest, which is interest charged to borrowers or the price that must be paid by borrowers to the bank, such as credit interest. For the bank, loan interest is the selling price. Deposit interest and loan interest are the main components of cost and income factors for banks. Deposit interest is the cost of funds that must be paid to customers, while loan interest is income received from customers. The difference between loan interest minus deposit interest is the profit or gain received by the bank. (See: Ahmad Wardi Muslich, Fiqh Muamalat, Jakarta: Amzah, pages 503-504). Contemporary scholars have different opinions about the law on bank interest. First, some scholars, such as Yusuf Qaradhawi, Mutawalli Sya'rawi, Abu Zahrah, and Muhammad al-Ghazali, stated that bank interest is forbidden, because it is usury. This opinion is also the opinion of the Islamic scholars forum, including: Majma' al-Fiqh al-Islamy, Majma' Fiqh Rabithah al-'Alam al-Islamy, and the Indonesian Ulema Council (MUI). The evidence for the prohibition of usury is the word of Allah subhanahu wa ta'ala in Surah al-Baqarah verse 275: وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَا "Whereas Allah has permitted buying and selling and forbidden usury." And the hadith of the Prophet Muhammad sallallaahu 'alaihi wasallam narrated by Jabir bin Abdillah: للَّهُ عَلَيْهِ وَسَلَّمَ آكِلَ الرِّبَا وَمُوْكِلَهُ From Jabir, he said: "The Messenger of Allah shallallahu 'alaihi wasallam cursed the one who eats (takes) usury, gives it, writes it down, and the two who witness it." He said: "They have the same legal status." (Narrated by Muslim, number 2994). (See: Yusuf Qaradhawi, Fawa'id al-Bunuk Hiya al-Riba al-Haram, Cairo: Dar al-Shahwah, pages 5-11; MUI Fatwa Number 1 of 2004 regarding interest). Second, some other contemporary scholars, such as Sheikh Ali Jum'ah, Muhammad Abduh, Muhammad Sayyid Thanthawi, Abdul Wahab Khalaf, and Mahmud Syaltut, emphasize that bank interest is permissible and does not constitute usury. This opinion is in accordance with the fatwa issued by Majma' al-Buhus al-Islamiyyah on 23 Ramadhan 1423 H, coinciding with 28 November 2002 AD. They adhere to the words of Allah subhanahu wata'ala Surat an-Nisa' verse 29: يَاأَيُّهَا الَّذِينَ آمَ نُوا لَا تَأْكُلُوا أَمْوَالَكُمْ بَيْنَكُمْ بِالْبَاطِلِ إِلَّا أَنْ تَكُونَ تِجَارَةً عَنْ تَرَاضٍ مِنْكُمْ “O you who believe, do not consume each other's wealth in a false way, except by means trade between you." In the verse above, Allah forbids consuming other people's property in a false way, such as stealing, stealing and usury. On the other hand, Allah permits this if it is done with business that is carried out with mutual consent. Therefore, the consent of both parties to the transaction to determine the amount of profit in advance, as happens in banks, is justified in Islam. In addition, they also argue that if bank interest is haram, then the addition to the principal of the loan is also haram, even though the addition is not stipulated in the contract. However, the addition in question is permissible, so bank interest is also permissible, because there is no difference between bank interest and the addition to the principal of the loan. Also follow the personal accounts of the Bincang Syariah ustads at: Ustad Yunal Isra: https://www.youtube.com/channel/UC1kj... Ustad Ahong: https://www.youtube.com/channel/UCQpo... Ustad Izzul Mutho': Instagram @izzul_haroz Ustazah Isna Rahmah: Instagram @isna_ra

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