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The scope of ‘Illah (causal effect) of ribā prohibition on gold and silver: a juristic analysis

There is a consensus among Muslim scholars that ribā (usury) is generally forbidden in Islamic law. However, there is a subjective interpretation of the scope and limitations regarding its criteria and sub-rulings. The jurists are unanimous that the prohibition of ribā in Islam is definitive, but th...

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Main Authors: Busari, Saheed Abdullahi, Akanbi, Ridwan Ayomide, Abdul Aziz, Akhtarzaitie
Format: Article
Language:English
Published: UITM Press 2024
Subjects:
BPH589.2 Riba - Interest
Online Access:http://irep.iium.edu.my/114966/7/114966_The%20scope%20of%20%E2%80%98Illah.pdf
http://irep.iium.edu.my/114966/
https://jcis.uitm.edu.my/journal/volume10/issue2/1%20The%20Scope%20of%20Illah%20Causal%20Effect%20of%20Riba%20Prohibition%20on%20Gold%20and%20Silver%20A%20Juristic%20Analysis.pdf
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spelling my.iium.irep.1149662024-10-10T07:31:08Z http://irep.iium.edu.my/114966/ The scope of ‘Illah (causal effect) of ribā prohibition on gold and silver: a juristic analysis Busari, Saheed Abdullahi Akanbi, Ridwan Ayomide Abdul Aziz, Akhtarzaitie BPH589.2 Riba - Interest There is a consensus among Muslim scholars that ribā (usury) is generally forbidden in Islamic law. However, there is a subjective interpretation of the scope and limitations regarding its criteria and sub-rulings. The jurists are unanimous that the prohibition of ribā in Islam is definitive, but the application to different modern currencies is subject to interpretation. Whether the ‘illah (causal effect) of the prohibition of ribā should be limited to gold and silver or extended to other currencies recognized as mediums of exchange. According to a tradition of the Prophet PBUH, that considers exchange of gold, silver, wheat, barley, and dates as ribawī items (usurious) unless the exchange is done hand to hand and in equal amounts. This study aims to explain why the classical jurists of the Shafi’i school of law opined that gold and silver are the main currencies considered mahal al-‘illah (place of causal effect), where ribā is likely to occur. This opinion further stresses that the ‘illah of ribā is limited to gold and silver because they were mainly used as prices in the classical era. However, there is a need to explicate the sociological influence that suggests the position of the classical Shafi’i scholars for limiting the application of the ‘illah to gold and silver specifically, without consideration for non-gold or silver coins as substitute currencies. There is a need for further investigation into the reasons behind non-extension, whether its extension is prohibited in this matter or because there was no available paper currency during the classical time, which made some of the scholars of Shafi’i limit mahal al-‘illah to only gold and silver. The paper uses a doctrinal approach of qualitative methods to analyze the reasons why some classical scholars of Shafi’i positioned that the ‘illah of ribā prohibition is limited to gold and silver, while others contend the permissibility of analogical deduction (qiyās) to extend and interpolate the‘illah of ribā from gold and silver to modern currencies. UITM Press 2024-10-07 Article PeerReviewed application/pdf en http://irep.iium.edu.my/114966/7/114966_The%20scope%20of%20%E2%80%98Illah.pdf Busari, Saheed Abdullahi and Akanbi, Ridwan Ayomide and Abdul Aziz, Akhtarzaitie (2024) The scope of ‘Illah (causal effect) of ribā prohibition on gold and silver: a juristic analysis. Journal of Contemporary Islamic Studies, 10 (2). pp. 1-11. ISSN 2289-9634 E-ISSN 0128-0902 https://jcis.uitm.edu.my/journal/volume10/issue2/1%20The%20Scope%20of%20Illah%20Causal%20Effect%20of%20Riba%20Prohibition%20on%20Gold%20and%20Silver%20A%20Juristic%20Analysis.pdf
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic BPH589.2 Riba - Interest
spellingShingle BPH589.2 Riba - Interest
Busari, Saheed Abdullahi
Akanbi, Ridwan Ayomide
Abdul Aziz, Akhtarzaitie
The scope of ‘Illah (causal effect) of ribā prohibition on gold and silver: a juristic analysis
description There is a consensus among Muslim scholars that ribā (usury) is generally forbidden in Islamic law. However, there is a subjective interpretation of the scope and limitations regarding its criteria and sub-rulings. The jurists are unanimous that the prohibition of ribā in Islam is definitive, but the application to different modern currencies is subject to interpretation. Whether the ‘illah (causal effect) of the prohibition of ribā should be limited to gold and silver or extended to other currencies recognized as mediums of exchange. According to a tradition of the Prophet PBUH, that considers exchange of gold, silver, wheat, barley, and dates as ribawī items (usurious) unless the exchange is done hand to hand and in equal amounts. This study aims to explain why the classical jurists of the Shafi’i school of law opined that gold and silver are the main currencies considered mahal al-‘illah (place of causal effect), where ribā is likely to occur. This opinion further stresses that the ‘illah of ribā is limited to gold and silver because they were mainly used as prices in the classical era. However, there is a need to explicate the sociological influence that suggests the position of the classical Shafi’i scholars for limiting the application of the ‘illah to gold and silver specifically, without consideration for non-gold or silver coins as substitute currencies. There is a need for further investigation into the reasons behind non-extension, whether its extension is prohibited in this matter or because there was no available paper currency during the classical time, which made some of the scholars of Shafi’i limit mahal al-‘illah to only gold and silver. The paper uses a doctrinal approach of qualitative methods to analyze the reasons why some classical scholars of Shafi’i positioned that the ‘illah of ribā prohibition is limited to gold and silver, while others contend the permissibility of analogical deduction (qiyās) to extend and interpolate the‘illah of ribā from gold and silver to modern currencies.
format Article
author Busari, Saheed Abdullahi
Akanbi, Ridwan Ayomide
Abdul Aziz, Akhtarzaitie
author_facet Busari, Saheed Abdullahi
Akanbi, Ridwan Ayomide
Abdul Aziz, Akhtarzaitie
author_sort Busari, Saheed Abdullahi
title The scope of ‘Illah (causal effect) of ribā prohibition on gold and silver: a juristic analysis
title_short The scope of ‘Illah (causal effect) of ribā prohibition on gold and silver: a juristic analysis
title_full The scope of ‘Illah (causal effect) of ribā prohibition on gold and silver: a juristic analysis
title_fullStr The scope of ‘Illah (causal effect) of ribā prohibition on gold and silver: a juristic analysis
title_full_unstemmed The scope of ‘Illah (causal effect) of ribā prohibition on gold and silver: a juristic analysis
title_sort scope of ‘illah (causal effect) of ribā prohibition on gold and silver: a juristic analysis
publisher UITM Press
publishDate 2024
url http://irep.iium.edu.my/114966/7/114966_The%20scope%20of%20%E2%80%98Illah.pdf
http://irep.iium.edu.my/114966/
https://jcis.uitm.edu.my/journal/volume10/issue2/1%20The%20Scope%20of%20Illah%20Causal%20Effect%20of%20Riba%20Prohibition%20on%20Gold%20and%20Silver%20A%20Juristic%20Analysis.pdf
_version_ 1814042729995304960
score 13.211869

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