Fiqh Muamalah VIEWS AND ISLAMIC ECONOMICS
RIBA AND INTEREST ON BANK
A. Understanding Riba and Interest Bank
According to The American Heritage Dictionary of the English Language : Interest is " A charge for a financial loan , usually a precentage of the amount loaned ." ( see H. Karnaen A. Perwataatmadja , SE , MPA ) . [1]
Interest is the amount of money paid or for use of capital . The amount is expressed as a rate or percentage of capital that has to do with the so-called interest rate capital .
Originally meaning " usury " in Arabic is better (worse ) . As for the question here by Personality ' riba is an agreement that terjai with that particular exchange , the same is not known whether or not according to the rules of Personality' or too late to receive it. [2]
First time in the term riba known by revelation early prophetic treatise dimakkah most likely in the fourth or the beginning of the Hijra based on early downs paragraph usury [3] . The classical commentators argue , that the meaning of usury here is a gift . Based on this interpretation , according to Azhari ( d. 370H/980 M ) and Ibn Mansur ( d. 711H/1331M ) consists of two forms of riba riba which is prohibited and which are not prohibited [4] . But in reality the term Riba is only used to mean the imposition of debt on the principal amount loaned [5] .
While the term al - Jurjani defines usury with excess / extra payment without any compensation / remuneration , which is required for one of the two parties who make the contract / transaction [6] .
There are several opinions above in explaining usury , but generally there is a common thread which asserted that usury is taking additional , both in buying and selling and borrowing in falsehood or contrary to the principles of the Islamic Muamalat .
Concerning this Allah reminds the word: " O ye who believe, do not take your neighbor's property by way of falsehood " ( Surat an - Nisa : 29 ) . In connection with the above paragraph about the meaning of al - vanities , Ibn Al - Arabi Al - Maliki , in his book Ahkam al - Qur'an ( see Syafii Anotonio ) , explained : that understanding the language of usury was extra ( Ziyadah ) , but is usury in the verses of the Qur'an that any additions are taken in the absence of a replacement transaction or counterweight sharia justified " [7]
The definition of a replacement transaction or balancing the business or commercial transaction that legitimizes the existence of additional fair . Transactions such as sale, mortgage , lease , or the results of the project .
Referring to the explanation of the above definition of usury and interest , it can be concluded that the same interest with usury . [8] Why is that , in real terms because the conventional banking operations , the interest paid by borrowers on loans to those who do obviously is additional . Because customers do transactions with banks in the form of borrowing cash . In the Islamic concept of lending his name known with his name Qardh ( Qardhul Hasan ) is a benevolent loans . Where Allah SWT , said :
" Who will lend to Allah a good loan ( spend their wealth in the way of Allah ) , then Allah will double meperlipat payment to him with a lot of double fold . And Allah narrow and paved ( sustenance ) and unto Him you shall be returned . " ( Q. S Al - Baqarah : 245 )
Qardh no additional loans , so how much is borrowed then returned for that too . However , different if the contract or transactions contain purchase , rent or profit sharing .
So , in the savings and loan funding transaction , the lender conventionally take the form of additional interest that the absence of an acceptable balance of the borrower it is usury which has been forbidden by Allah in the Quran and Hadith as follows :
" Allah has made buying and selling and forbidden usury " Surah Al - Baqarah : 275 and also in the hadith the Prophet said : " Jabir said that the Messenger of Allah curse those who receive usury , those who pay , and those who recorded it , and two witnesses , then he said , " They 're all the same . " (Muslim no. 2995 in the book Al - Musaqqah ) [9]
B. Usury laws and Bank Interest
The whole ' scholars agree on the prohibition of riba , whether little or much withheld . One can not master the property of usury , and the treasure should be returned to the owner , if the owner is known , and he is entitled to his property subject only.
Al - Quran and Sunnah with sharih have explained the prohibition of usury in its various forms , and seberapun much he collected . Allah says
الَّذِينَ يَأْكُلُونَ الرِّبا لا يَقُومُونَ إِلَّا كَمَا يَقُومُ الَّذِي يَتَخَبَّطُهُ الشَّيْطَانُ مِنَ الْمَسِّ ذَلِكَ بِأَنَّهُمْ قَالُوا إِنَّمَا الْبَيْعُ مِثْلُ الرِّبا وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبا فَمَنْ جَاءَهُ مَوْعِظَةٌ مِنْ رَبِّهِ فَانْتَهَى فَلَهُ مَا سَلَفَ وَأَمْرُهُ إِلَى اللَّهِ وَمَنْ عَادَ فَأُولَئِكَ أَصْحَابُ النَّارِ هُمْ فِيهَا خَالِدُونَ
"People who eat (take) usury can not stand but as stands one whom Satan possessed because (pressure) disease they are such crazy circumstances, it is because they Says (argued), actually buying and selling the same as usury," whereas Allah has made buying and selling and forbidden usury. People who had to ban him from his Lord, then continues stopped (from taking usury), then for him what he has taken first (before coming ban), and its affairs (up) to God. People who return (taking usury), then that person is the dwellers of Hell; them abide therein ". [Surah Al-Baqarah (2): 275]. [10]
يَا أَيُّهَا الَّذِينَ آمَنُوا اتَّقُوا اللَّهَ وَذَرُوا مَا بَقِيَ مِنَ الرِّبا إِنْ كُنْتُمْ مُؤْمِنِينَ، فَإِنْ لَمْ تَفْعَلُوا فَأْذَنُوا بِحَرْبٍ مِنَ اللَّهِ وَرَسُولِهِ وَإِنْ تُبْتُمْ فَلَكُمْ رُؤُوسُ أَمْوَالِكُمْ لا تَظْلِمُونَ وَلا تُظْلَمُونَ
O ye who believe, fear Allah and give up what remains of riba (which is not collected) if ye are believers. So if you do not do (of war), then know that Allah and His Messenger will fight you. And if you repent (from taking usury), then you staple your treasure; You do not persecute and not (also) be persecuted ". [TQS Al Baqarah (2): 279]. [11]
دِرْهَمُ رِبَا يَأْكُلُهُ الرَّجُلُ وَهُوَ يَعْلَمُ أَشَدُّ مِنْ سِتٍّ وَثَلَاثِيْنَ زِنْيَة
3. "One dirham of riba is eaten someone, and he knew (that it is usury), then it is more severe than sixty times adultery". (Reported by Ahmad from Abdullah bin Hanzalah).
الرِبَا ثَلاثَةٌَ وَسَبْعُوْنَ بَابًا أَيْسَرُهَا مِثْلُ أَنْ يَنْكِحَ الرَّجُلُ أُمَّهُ, وَإِنَّ أَرْبَى الرِّبَا عَرْضُ الرَّجُلِ الْمُسْلِمَ
"The Riba has 73 doors, being the lightest as a man who menzinai mother, and evil of usury is disturbing the honor of a Muslim". (Ibn Majah).
لَعَنَ رَسُوْلُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ آكِلَ الرِّباَ وَمُوْكِلَهُ وَكَاتِبَهُ وَشَاهِدَيْهِ, وَقَالَ: هُمْ سَوَاءٌ
"The Messenger of Allah cursed the people devour usury, which gives usury, the author, and two witnesses. Belia said; They are all the same ". (Reported by Muslim)
In the book of al - Mughniy , Ibn Qudamah said , " Usury is forbidden by the Book , the Sunnah , and ijma ' . As for the book , pengharamannya based on the word of Allah , " al - Wa harrama usury " ( and Allah has forbidden usury ) ( Al - Baqarah : 275 ) and the following verses . Whereas the Sunnah ; been narrated from the Prophet that he said, " Flee by 7 cases destroy you " . The Companions asked , " What is that, O Messenger of Allah ? " . Prophet replied , " partners with Allah , magic , killing the soul that Allah has forbidden except with haq , consuming riba , consuming the orphan's property , fleeing war , accusing the women good believer commits adultery " . Also based on a history , that the Prophet has cursed the person who devour usury , representatives , witnesses , and the author " . [ HR . Imam Bukhari and Muslim ] ... And Muslims have consensual regarding prohibition of usury . "
Imam al - Syiraaziy in the Kitab al - Muhadzdzab states ; usury is forbidden cases . Keharamannya based on the word of Allah , " al - Wa ahall Allahu al - bai ` wa al - riba harrama " ( Allah swt has made * trading and forbidden usury ) [ Al - Baqarah : 275 ] , as well as word , " al - ladziina yes ` kuluuna yaquumuuna laa al - riba al - ladziy yaquumu illa al - syaithaan yatakhabbathuhu min al - mass " ( people who devour usury can not stand , except as stands one whom possessed by demons ) " . [ al - Baqarah : 275 ] ..... Ibn Mas'ud narrated a hadith that the Prophet cursed the one who devour usury , representatives , witnesses , and the author " . [ HR . Imam Bukhari and Muslim ]
Imam al - Shan'aniy in the Book subul al - Salaam said ; entire Muslim Ummah has agreed on the prohibition of usury globally .
In the book of al - Thaalibiin I'aanat mentioned ; usury including major sin , even the greatest of the sins ( akbar al - kabaair min ) . Because the Messenger of Allah has cursed the person who devour usury , representatives , witnesses , and author . Moreover , Allah and His Messenger have declare war against the perpetrators of usury . In the book of al - Nihayah told that the sin of usury was greater than the sin of adultery , stealing , and drinking khamer . Syarbiniy in the Book of Imam al - IQNA ' also stated the same thing Mohammad bin Ali bin Mohammad al - Syaukaniy states ; Muslims agree that usury including major sin .
Imam Nawawiy in Sharh Saheeh Muslim also claimed that Muslims have agreed on the prohibition of riba jahiliyyah globally . Mohammad Ali al - Saayis in Paragraph Tafsiir Ahkaam said there had been an agreement on the prohibition of usury in the two types of this ( nasii'ah usury and usury fadlal ) . Prohibition of riba first kind defined by the Qur'an , while the second type of prohibition of riba defined by authentic hadith . Abu Ishaq in the Kitab al - Mubadda ' states ; prohibition of usury has become a consensus , based on the Qur'an and Sunnah . [12]
scholars today actually have ijma ' of the prohibition of bank interest . In dozens of conferences , conferences , symposia and seminars , economists Islamic world , Chapra find the realization of the agreement of the scholars on bank interest . Artiya none of the experts that economists say interest or be doubtful . Ijma'nya legal scholars about dikemukaka Umer Chapra interest in the book The Future of Islamic econmic , (2000) . All of them condemned and forbidden flower , both consumptive and productive , both small and great , because flower has a very bad impact on the world economy and the various countries . World economic crisis afflicting many countries which have occurred since the 1930 s / d in 2000 , is the most tangible evidence of the impact of the system of interest . [13]
C. Dan Riba Impact of Bank Interest
1. For the human soul
this would lead to a feeling of selfish self , so do not know but yourself . This eliminates usury soul compassion , and a sense of humanity and social . More selfish than others [14]
2. for the community
In public life it will lead to a hostile caste caste . Thus making the situation was not safe and sound . Instead of compassion and brotherly love that will arise but hostility and bickering that will be created in the community [15]
3. For wheels of economic movement
Impact of the economic system is very dangerous usury economy .
a) usurious economic system has generated a lot of economic crisis everywhere throughout history , in 1929 , 1930 , 1940s , 1950s , 1970s . 1980s , 1990s , 1997 and to date .
b) under the economic system of usury , the world economy growth gap occurs more constant , so that the rich get richer the poor get poorer
c) Interest rates also affect investment , production and creation of unemployment .
d) Economic theory also teaches that the interest rate will be significantly raises inflation .
e) The economic system of usury also developing countries plunged to a debt trap ( trap of debt ) are in , so as to pay only interest they have trouble , especially with anyway . [16]
Referensi:
1. Abdullah saeed, Bank Islam Dan Bunga, terj Cet 1. Pustaka pelajar. Jakarta 2003
2. Departemen Agama RI.. Al Qur’an dan Terjemahnya. Bandung. CV. Diponegoro. 2003
3. KH. Didin Hafidhuddin, Tafsir al-Hijri, det 1. Yayasan Kalimah Thayyibah. Jakarta 2000.
4. Drs. H. Kahar Masyhur. Beberapa Pendapat Menegenai Riba. Cet 3, Kalam Mulia Jakarta 1999
5. Prof. Drs. H. Masjfuk Zuhudi, Masail Fiqhiyah. Cet 10, PT gunung agung. Jakarta, 1970
6. Mudjab mahali. Asbabun Nuzul; Studi Pendalaman al-Qur’an Surat al-Baqarah-An Naas. Cet 1, Raja grafindo. Jakarta, 2002
7. Muhammad Ali Ash-ashabuni, Tafsir Ayat Ahkam Ash Shabuni, terj. Cet ke-4, PT. Bina ilmu. Surabaya, 2003
8. Sulaiman Rasjid, Fiqh Islam, Sinar Baru Algesindo, Bandung, 2002.
