Explpotation, Profit and The Riba
Explpotation, Profit and The Riba
www.emeraldinsight.com/1753-8394.htm
IMEFM
5,4 Exploitation, profit and
the riba-interest reductionism
Mohammad Omar Farooq
292 Center for Islamic Finance, Bahrain Institute of Banking and Finance (BIBF),
Manama, Bahrain
Abstract
Purpose – The purpose of this paper is to provide a critical appraisal of the theme of zulm
(injustice/exploitation) in light of the Islamic finance literature and the general attitude and approach
of the Islamic finance industry and its advocates.
Design/methodology/approach – Based on an expanding theoretical and empirical knowledge
base about Islamic finance and banking movement, and the emerging understanding about the role
of profit and corporate behavior, a critical analysis of the role of riba, interest and profit in widespread
injustice and exploitation is presented.
Findings – On the basis of the behavior of the Islamic finance industry, it seems that the industry’s
current practices are either neutral to the issue of injustice/exploitation or mirrors the tendencies of
the conventional finance. Furthermore, when comparing the exploitative role of interest and profit,
the latter seems to be more consequential than generally understood and acknowledged.
Research limitations/implications – Islamic economics/finance literature should have more
empirical research in identifying and understanding the nature of exploitation in the contemporary
world and in how the current practices or tendencies are minimizing or abetting the challenge of exploitation.
Practical implications – The larger goal of the Islamic finance and banking movement should be to
be in harmony with the maqasid of Islam to minimize zulm (injustice/exploitation) in the society.
Social implications – The larger goal of the Islamic finance and banking movement should be to be
in harmony with the maqasid of Islam to minimize zulm (injustice/exploitation) in the society.
Originality/value – While the literature of Islamic economics and finance is rather robust, this
might be the first work that critically examines the riba-interest reductionism, especially to focus on its
implication for attention of the industry being away from exploitation in general and the relationship
between profit and exploitation in particular.
Keywords Islam, Islamic finance, Riba, Zulm, Exploitation, Finance, Banking
Paper type Conceptual paper
I. Introduction
The Islamic banking and finance (IBF) movement, now comprising of institutions in
almost all the Muslim-majority countries and also in many other countries in Europe and
North America, is a major Islamic phenomenon that is gathering momentum steadily.
The main motivation behind this pursuit of a banking system, distinguished from the
conventional banking system, is the Islamic prohibition of riba, which is traditionally
equated with interest in a blanket manner. The primary rationale given by the
proponents of Islamic economics and finance is that interest represents zulm – injustice
International Journal of Islamic and
and exploitation. Since Islam stands for justice and is against all kinds of exploitation,
Middle Eastern Finance and
Management
Vol. 5 No. 4, 2012 The author is grateful to a number of individuals for sharing their feedback on the draft:
pp. 292-320 Dr Omar Afzal, Hussam Sultan, and Nedal El Ghattis. The author further acknowledges
q Emerald Group Publishing Limited
1753-8394
gratitude to an anonymous reviewer. Of course, this author alone is responsible for any error,
DOI 10.1108/17538391211282818 shortcoming or the views and analyses in this paper.
the traditional argument is that interest in all its forms is an abomination and prohibited. The riba-interest
Therefore, the goal of IBF is to reorganize economics and finance away from reductionism
interest-bearing arrangements and on an alternative basis consistent with Islamic
norms and guidelines.
In this paper, the assumed relationship between interest and exploitation is critically
examined. By drawing on the literature about exploitation on the one hand and the
Islamic literature about economics, finance and law on the other, we scrutinize whether 293
the traditional arguments about the connection between interest and exploitation hold
up. Through exclusive focus on interest as the prohibited riba, the relationship between
profit and exploitation is generally ignored, which is explored in this paper.
Furthermore, we seek to evaluate whether the concern about exploitation expressed by
the proponents of Islamic economics and finance is serious and substantive.
Fair A B
Unfair C D Table I.
IMEFM (1) “stipulation” of excess; and
5,4 (2) no reference to any injustice, unfairness or exploitation.
IX. Conclusion
So, why is it easy to understand the rationales for the prohibition of riba, but not the
rationales for the blanket prohibition of interest? Why have the evolving IFIs, contrary
to their own polemics, marginalized the equity-based, risk-sharing modes and have
embraced debt-like instruments as the mainstay? (Farooq, 2007a). Why are these
institutions still concentrating on short-term products rather than on long-term
products, where the latter is more important for production-oriented projects for
development? Why is the Islamic banking movement facing an increasing need to resort
to Hiyal (legal stratagem) to claim Shariah-compliance of its products? Why and how are
the conventional western banks not only penetrating, but also becoming backers and
even financiers of this “Islamic” niche?
Some common explanations offered by the Islamic banking movement are that:
.
the problems and challenges are part of its learning curve; and
.
IBF cannot operate in its essence in a society and environment that is not Islamic.
This essay’s limited scope will not allow us to examine those explanations here.
However, there is another explanation that seems to be more relevant and applicable,
and that is the one explored here. That the riba-interest equation in a blanket manner is
not tenable from Islamic viewpoint and, maybe, that explains why the traditionally
offered rationales for prohibition of interest do not hold up. Through the riba-interest
equation, it is not just that the IFIs have entrapped themselves into a situation where
they often have to resort to Hiyal [legal stratagem, trick or even gimmick] to maintain an
Islamic veneer, but also that they have to adopt things (e.g. fixed rate of return;
or a mark-up that is indexed, pegged, benchmarked to the interest rate) that they have
otherwise rejected as Islamically unacceptable.
Interest can be riba (and thus prohibited in certain situation), if it has an exploitative
element or dimension. Indeed, in such case, a more relevant equivalent of riba is usury.
Also, the relationship between riba and exploitation/injustice is evident, but the
relationship between riba and commercial bank interest (in a competitive environment
and under government regulation that protects the borrowers) is not. In any case, if one
is to generalize about the prohibition of all interests (commercial and non-commercial,
nominal and real, simple and compound), then we have to come up with better and
more convincing rationales. Furthermore, the discourse has to be elevated from The riba-interest
a polemical level to a more substantive level, supported with empirical analysis, reductionism
especially surrounding claims about the deleterious effects of interest on, for examples,
western economies and elsewhere.
Finally, while the traditional rationales for prohibition of interest are indicative of an
anti-exploitation concern, the reality is that the intellectual and theological framework,
within which the interest-free economy/finance movement places exploitation, does not 315
really show a genuine and adequate understanding of the extent and nature of the
ongoing exploitation in the contemporary world. Starting from a focus on exploitation
may lead us to the goal of eliminating or at least limiting the role of interest in the
economy and if so proven, appropriate steps in a comprehensive manner must be taken.
However, preoccupation with interest, as evidenced by the riba-interest reductionism,
leads to mechanical and legalistic approach to remove interest, while the broader and
harsh reality of zulm/exploitation remains untouched. Regardless of the debate about
riba-interest equation, beyond the orthodox discourse of Islamic economics and finance
focused on freedom from interest, due to the categorical prohibition of riba in the Qur’an
there is a critical need for a more refined and substantive discourse about freedom
from zulm/exploitation.
Notes
1. “[. . .] La tazlimuna wa la tuzlamun,” Qur’an 2/al-Baqarah/279.
2. Qur’an 4/an-Nisa/135.
3. Qur’an 3/ale Imran/130.
4. The expression “pre-Islamic” appears only in quotations from others. When various authors
use “pre-Islamic”, they basically mean pre-Muhammad or pre-Qur’an period. From the
Islamic viewpoint, there is no “pre-Islamic” period in human history, as Islam began with
Adam/Eve and continued through the prophets all the way to the last Prophet and
Messenger, Muhammad [Qur’an 42/ash-Shura/13].
5. Saeed (1996, p. 22), quoting Tabari (1986, p. 59).
6. Saeed (1996, p. 22), quoting Tabari (1986, p. 59).
7. Vogel and Hayes (1998, pp. 72-3), quoting Ibn Qayyim al-Jawziyya (d. 1350/1973).
8. Farooq (2011), see the chapter “The neglected empirical foundation of Islamic law.”
9. An excellent summary is provided at Reference.com, available at: www.reference.com/
browse/wiki/Exploitation (accessed 28 July 2010).
10. Qur’an 2/al-Baqarah/279.
11. Ibn Hanbal, Musnad Ahmad, Vol. I, No. 2870.
12. Nyazee (2000, p. 24), quoting al-Sarakhsi’s Mabsut, Vol. 12, p. 109. Actually, this type of
definition of riba was introduced by another Hanafi jurist/exegete Al-Jassas (d. 370 AH). See
Note 15.
13. Farooq (2011), see the chapter “Islamic law and the use and abuse of hadith.”
14. Farooq (2011), see the chapter “The doctrine of Ijma: Is there any consensus?”
15. Farooq (2011), see the chapter “Qiyas (analogical reasoning) and some problematic issues in
Islamic law.”
16. Saeed (1996, pp. 23-4), quoting Jassas, Ahkam al-Qur’an, I, p. 465.
IMEFM 17. Readers can read the translation of al-Jassas’ commentary on riba in his exegesis.
The translation is by Imran Ahsan Khan Nyazee, a Pakistani scholar of Islamic
5,4 jurisprudence. It is available online. See the bibliography. Jassas’ commentary is interesting
as it does not refer to any earlier commentaries (Tabari, Zamakhshari or Ibn Kathir) on or
understanding about this issue. It does not even document with proper citation any of the
narrations that it presents as “hadith”. The translator did not add the citations either.
316 18. Saeed (1996, p. 28), quoting Ibn Qayyim, A’lam al-Muwaqqi’in, II, p. 154.
19. Qur’an 4/an-Nisa/29.
20. Now there is a searchable database al-Marja’a al-Akbar for the Islamic Heritage that contains
all the hadith collections. It is published by El Ariss in DVD format (http://elariss.com/index.
php?c¼9&lang¼en). The hadith collections included for this particular search included:
Sahih al-Bukhari, Sahih Muslim, Sunan Abu Dawud, Sunan at-Tirmizi, Sunan an-Nasai’,
Sunan Ibn Majah, Muwatta Malik, Musnad Ahmad, Sunan ad-Daraqutni, Sunan al-Kubra
al-Baihaqi, Sunan al-Darimi, Sahih Ibn Khuzaima, Sahih Ibn Hibban, Musannaf ibn Abi
Shaibah, al-Mustadrak as well as dozens more secondary collections. The word istighlal does
not occur in any hadith – narrations from the Prophet or anything reported in connection
with his acts or approval/disapproval.
21. Qur’an 59/al-Hashr/7.
22. For predatory behavior in international lending, see Krugman (1986, p. 127).
23. Qur’an 59/al-Hashr/7.
24. Qur’an 4/an-Nisa/135.
25. Qur’an 5/al-Ma’ida/8.
26. Qur’an 57/al-Hadid/25.
27. Ramadan (2004), quoting Ibn Qayyim, Ilam al-muwaqqiin an rabb al-alamin, Vol. 3, Cairo,
pp. I, 42.
28. Saeed (1996, p. 27), quoting Al-Razi, Tafsir, VII, p. 94.
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