Usury and Bank Interest: Criticism and Review of Theories

Document Type : Original Article

Author
Assistant Professor, Department of Fiqh and Islamic Law, Faculty of Islamic Studies and Research, Imam Khomeini International University (RA), Qazvin, Iran.
Abstract
1. Introduction and Objective
In the Holy Qur’an, riba (usury) is prohibited as an unhealthy economic activity, and in Islamic jurisprudence this ruling is accepted as a definitive norm upon which jurists have consensus. In the tradition and practice of the Infallibles (A.S.), riba has also been prohibited under various titles such as loans and usurious transactions. Nevertheless, there is disagreement among scholars regarding the identification of the subject matter and the determination of the exact instances of prohibited riba. With the expansion of the banking industry in Islamic countries, some Muslim thinkers have proposed views aimed at justifying bank interest and distinguishing it from prohibited riba. Accordingly, the objective of this study is to examine and critically evaluate the views that justify bank interest and to clarify its relationship with prohibited riba.
2. Methods and Materials
This study was conducted using a descriptive–analytical method with the aim of examining and critically evaluating the views that justify bank interest.
3. Research Findings
According to the views proposed, prohibited riba is limited to cases such as the extension of debt maturity, excessive interest, consumption loans, and contractual interest. Consequently, bank interest, which is generally considered the opposite of these cases, is regarded as falling outside the scope of riba.
4. Discussion and Conclusion
The findings indicate that prohibited riba refers to any stipulated excess over capital, of which bank interest constitutes a clear instance. Moreover, the criterion for capital is its productivity while remaining under ownership; however, money lacks this characteristic and therefore cannot be considered capital unless it is employed within the framework of Islamic contracts.
Keywords

  • Receive Date 22 January 2024
  • Accept Date 12 February 2024