LAW OF RIBA

Terms and perception of usury is so life in the Islamic world. Therefore, seem as if the doctrine of usury is typical of Islam. People often forget that the legal prohibition of usury, as said by a Muslim American, Cyril Glasse, in his encyclopedia, is not practiced in any modern Muslim country. Meanwhile, most people do not know that in the
world Kristen too , for a millennium, usury adalab prohibited items in the view of theologians, scholars and according to the existing legislation.

On the other hand, we are faced with the fact that the practice of usury, which spread to various countries is difficult to eradicate, so that various authorities had made arrangements and restrictions on businesses flowering money. Long debate among jurists on usury have not found common ground. Because they each have a good reason. Finally arise various opinions varying on interest and usury.
Understanding Riba Said Ar-Riba is isim maqshur, derived from yarbuu Rabaa, the final word is written with alif. Originally the word riba is ziyadah 'extra'; sometimes extra came from herself, as Allah says:
(Ihtazzat wa rebate) "then live it and suburlah earth." (Surat al-Hajj: 5). And, sometimes more additional came from outside in the form of compensation, such as one dirham exchange for two dirhams.
Usury Laws Riba, its legal basis Qur'aan, the Sunnah of His Messenger and the consensus of Muslims:
"O ye who believe, fear Allah, and leave the rest of usury (not yet collected) if ye are believers. If you do not do (of war), then permaklumkanlah that Allah and His Messenger will fight you. And if you repent (from taking usury), then you staple your wealth: we do not persecute and not (also) be persecuted. "(Surah Al-Baqarah: 278-279).
"People who eat (take) riba can not stand, but as stands one whom possessed by devils because (pressure) insanity." (Surah Al-Baqarah: 275).
"God destroy usury and fertilize Sadaqah." (Surah Al-Baqarah: 276).
From Abu Hurairah ra that the Prophet said, "Stay away from the seven things that destroy." They asked, "What is that, O Messenger of Allah?" He replied, "(First) to polytheism to Allah, (the second), magic (third) killed soul who has forbidden except by way of truth, (fourth) usury, (fifth) eating the orphan's property, (sixth) escaped on the day of the meeting of two forces, and (seven) accused of adultery good woman who does not know anything about this matter and believe in Allah. "(Agreed alaih: Fathul Bari V: 393 no: 2766, Muslim I: 92 no: 89, 'Aunul Ma'bud VIII: 77 no: 2857 and Nasa'i VI: 257).
From Jabir ra, he said. "The Messenger of Allah cursed usury eaters, feeding usury, two witnesses and a writer." And He said, "They're all the same." (Saheeh: Mukhtasar Muslim no: 955, Saheeh al-Sagheer Jami'us no: 5090 and Muslim III: 1219 no : 1598).
From Ibn Mas'ud ra that the Prophet said, "Riba has seventy were three doors, the lightest (sin) as a son fuck his mother." (Saheeh: Saheeh al-Sagheer Jami'us no: 3539 and Mustadrak Hakim II: 37 ).
From Abdullah bin Hanzhalah ra of the Prophet said, "One Dirham riba eat someone when he knows, is heavier than thirty-six prostitutes." (Saheeh: Saheeh al-Sagheer Jami'us no: 3375 and al-Rabbani Fathur XV: 69 no: 230).
From Ibn Mas'ud ra from the Prophet, he said, "Nobody multiply (their wealth) from the usury, but certainly a result he finally falling into poverty." (Saheeh: Saheeh al-Sagheer Jami'us no: 5518 and Ibn Majah II : 765 no: 2279).
Classification Riba There are two types of riba riba riba nasiah and Fadl. As for the meaning of usury is nasiah additional specified at the beginning of the transaction, which was taken by the lender of the person who received the loan in return for payment of tempo. Usury is forbidden by the model Qur'aan, the Sunnah of His Prophet, and the consensus of Muslims.
While the definition of usury Fadl is the exchange of similar goods with no additives, such as exchanging money with money, food menu with meals accompanied by the additional.
Riba second model is also forbidden by the Prophet's Sunnah and ijma 'of the Muslims, because it is the door to usury nasiah.
Some of the items on which the Forbidden Doing Riba Usury does not apply, except for the six types of goods that have been confirmed syar'i following texts:
From Ubaidah bin Shamir ra that the Messenger of Allah said, "(It may sell gold for gold, silver for silver, wheat by wheat, sya'ir (a type of wheat) with sya'ir, dates by dates, salt by salt, comparable, equal and cash, but if different types, then sell as you please, if cash with cash. "(Saheeh: Mukhtasar Muslim no: 949, and Muslim III: 1211 no: 81 and 1587).
Thus, if there is a kind of barter goods from these four types of goods, namely gold convertible into gold, tamar by tamar, the illegitimate enhancements both in usury or riba Fadl nasiah, should be equally good in terms of scale and proportion, regardless of their quality grade or bad, and must be handed over in the majlis.
From Abi Sa'id al-Khudri ra that the Prophet, "Do not sell gold except the same, do not you add some of the others, do not sell silver for silver unless equal, do not you add some of the others, and do not you sell gold and silver stuff with no cash. "(Agreed alaih: Fathul Bari IV: 379 no: 2177, Muslim III: 1208 no: 1584, Nasa'i VII: 278 and Tirmidhi II: 355 no : 1259 sema'na).
From Umar ibn Khattab ra that the Prophet. "Gold for gold is usury except like with like (one party take the goods, while others handed) with bur bur (also) except like the way riba, usury except sya'ir sya'ir the way with this, and tamar by tamar is usury except like with like. "(Muttafaqun'alaih: Fathul Bahri IV: 347 no: 2134, and this lafadz for Imam Bukhari, Muslim III: 1209 no: 1586, Tirmidhi II: 357 no: 1261, Nasa'i VII: 273 and for those first lafadz wear adh-dzahabu bil wariq (gold with silver) and Aunul Ma'bud IX: 197 no: 3332 with two models lafadz).
From Abu Sa'id ra, he recalled: We are at the time of the Messenger of Allah never had such good luck tamar jama ', which is one type of tamar, then we swap the two sha' tamar with a sha 'tamar. Then the case came to the Messenger of Allah then He said, "No valid (exchange) two sha 'tamar with a sha' tamar, invalid (it) two sha 'grain with a sha' grain, and invalid (too) one with two dirhams dirhams. "(Agreed alaih: Muslim III: 1216 no: 1595 and lafadz for him, Fathul Bari IV: 311 no: 2080 in brief and Nasa'i VII: 272).
When there is barter among the six types of goods with other types, such as gold exchanged for silver, bur with sya'ir, then there should be no excess to requirements must be handed in majlis: Based on earlier Ubadah hadith:
"... But if the opposite sex then sell as you please, if cash with cash." In the history of Imam Abu Daud and other ra Ubadah Prophet said: "It's okay to sell gold silver and more silver than gold in large amounts of cash, and as for the credit, then there should be, and why not sell bur with sya'ir and sya'irnya more than burnya in cash and as for the credit, then it should not be. "(Saheeh: Irwa-ul Ghalil V: 195 and 'Aunul Ma'bud IX: 198 no: 3333).
If one of the six types of these types of goods exchanged in differing types and 'god' cause ', such as gold exchange bur, or silver with salt, then there should be no excess or tempo, the credit: From A'ishah that the Prophet never buy food from a Jew in tempo, while the Prophet mortgaged his armor to a Jew. (Saheeh: Irwa-ul Ghalil no: 1393 and Fathul Bari IV: 399 no: 2200).
In the book Subulus Salam III: 38, al-Amir al-Sha'ani states. "Know that the scholars have agreed upon usury bolehnya items (items can be mixed in or weighed, edt) exchanged for goods ribawi different types, both upbeat despite the excess amount or a different mass, such as gold exchange hinthah (wheat), silver with wheat, etc. are all included items can be dosed. "
However, it may not sell ruthab (wet dates) with dried dates, except the owners' ariyah, because they are the ones who Faqir who do not have palm trees, that they may purchase wet dates from palm farmers, then they ate in a state still was in the tree, which they estimate, they exchange them for dry dates.
From Abdullah ibn Umar that the Messenger of Allah forbade muzabanah. Muzabanah is selling fruits at a dose tamar, and sell wine with raisins in dose. (Agreed alaih: Fathul Bari IV: 384 no: 2185, Muslim III: 1171 no: 1542 and Nasa'i VII: 266)
From Zaid bin Thabit that the Messenger of Allah may Allah gives respite to the owners' ariyyah that is estimated to sell it tamar. (Muttafaqun'alaih: Muslim III: 1169 no: 60 and 1539 and this lafadz him and sema'na in Fathul Bari IV: 390 no: 2192, 'Aunul Ma'bud IX: 216 no: 3346, Nasa'i VII: 267 , Tirmidhi II: 383 no: 1218 and Ibn Majah II: 762 no: 2269). Indeed, the Prophet forbade the selling of dates tamar was wet because wet dates definitely shrink when dry.
Sa'ad ibn Abi Waqqas from ra that the Prophet was asked about selling wet dates with tamar. So he (return) asked, "Is it wet dates shrinks when it is dry?" Replied his friend, "Yes, shrinking." So Beliaupun prohibited. (Saheeh: Irwa-ul Ghalil no: 1352, 'Aunul Ma'bud IX: 211 no: 3343, Ibn Majah II: 761 no: 2264, Nasa'i VII: 269 and Tirmidhi II: 348 no: 1243).
And unauthorized trading goods with the like usury while both or one of them containing other elements.
History Fadhalah bin Ubaid on which the conclusions are contained also in Mukhtasar Nailul Authar hadith no: 2904. Imam Ash-Syaukani, gave the following comment: "This hadeeth indicates that it is illegal to sell gold containing other elements with pure gold to other elements that are separated in order to know the size of the gold, silver as well as usury and all kinds of other stuff, because there are similarities illat , which is forbidden to sell one type of goods like excess. "
From Fadhalah bin Ubaid he said: "At the time of the battle of Khaibar I've bought a necklace for twelve dinars are in there gold jewelry and gems, then I separate them, and then I get him more than twelve dinars, and I delivered it to the Prophet , So he said, 'That necklace should not be sold until they are separated.' "(Sahih: Irwa-ul Ghalil no: 1356, Muslim III: 1213 no: 90 and 1591, Tirmidhi II: 363 no: 1273, 'Aunul Ma'bud IX: 202 no: 3336 and Nasa'i VII: 279).
Islam being very strict in matters of usury solely to protect the welfare of human beings, both in terms of morals, public or perekonomiannya.Kiranya enough to know what kind of lesson presented by Imam ar-Razi in the interpretation of Quran as follows:
1. Riba is an act of taking property without compensation companions. For those who lend money with 2 1 dirham coin, for example, then he can return additional one dirham without compensation. Being someone else's property that is the standard of life and have a very big honor, like what is mentioned in the hadith the Prophet Muhammad:
2. "That honor human property, together with the dignity of his blood." Therefore take possession of his friend without change, it is definitely haraam.
3. Depending on usury can deter people from busy work. Because if the owner of the money sure, that by means of usury he will receive more money, either cash or futures, it will facilitate the issue to make a living, so that he almost did not want to bear the weight of business, commercial and heavy jobs. Being such a thing would result in breaking of the material needs of society. One thing you can not doubt that the benefit of the world one hundred percent determined by the course of trade, employment, enterprise and development. (No doubt, that wisdom is certainly acceptable, in terms of the economy).
4. Riba will cause the breakdown of good manners (doing good) among men in the borrowing and lending. Because if usury is forbidden, then someone will be happy to lend money to one dirham and the return of one dirham as well. But if usury was permissible, then it is definitely going to consider the needs of people with severe cash taken a dirham with diharuskannya returns two dirhams. Exactly, it terputuslah feeling compassion and kindness. (This is an acceptable reason, in terms of ethics).
5. In general, donor receivables are rich, while the borrower is a person who can not afford. So allow usury opinion, means give way to rich people to take possession of the poor are weak as an extra. Was not feasible to do so as the person who obtained the grace of God. (This is in terms of the social).
This all means, that the element of riba are oppressed the weak for the sake of the mighty (exploitasion de l'home par l'hom) with a conclusion: the rich get richer, while the poor remain poor. It which will lead to the raising of the class of people to finance another class, which allows the group will cause hurt and jealous, and reignite the fire will result in division among members of the community and led to a revolt by extremist groups and the subversion.