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Did Prophet Muhammad (SAW) Permit 100% Interest Rate? A Rejoinder

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Bello Sani Yahuza,The writer on Interest

 

By Bello Sani Yahuza

 

“He who talks on a matter out of his profession comes with surprises” – Ibn Hajar (d. 852AH/1449CE) It has never been an issue for a person to have a keen interest in any field of study. But it is an outlandish the way things are going and the way people quickly assume expertise on a subject matter that are not familiar with.

 

They instead, come up with a lot of chaos, contradictions and confusion. So, I came across an article, written by one personality called Ali Abubakar Sadiq, a journalist by profession who claims deep knowledge of the Principles of Islamic Jurisprudence where he delves into a delicate and intricate issue of Riba (interest).

Read also: NLC condemns Fuel Price increase, urges FGN to revert to old price

Sadiq alleges that the Prophet Muhammad SAW has permitted a 100% interest rate. So, instead of a solution, he brings more confusion to rather known and well define the concept of Riba in the classical juristic theories and its application in the modern banking system.

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But, beyond this, the writer creates a world of surprises. In fact, if there is an 8th wonder of the world, I am sure his writing could be the one. I, therefore, write these lines, in order to at least address some of these surprising confusions.

 

I intend to address some technical questions regarding the subject matter. For instance, is it really the Prophet (PBUH) permitted interest? what really interest is? What and what constitutes interest (al-had)? What is the Dhabid of understanding interest? What is the effective cause of and what is the wisdom/Maqasid of prohibiting interest?

 

In sha Allah, I will address these questions along the following surprises itemized based on their importance to the subject matter:

 

  1. The Prophet SAW Accepted Interest: Beyond just surprise, it is rather dangerous to claim that the Prophet (SAW) accepted interest. It can even be sacrilegious. I never read or heard a modernist or an orientalist proclaiming that the Prophet himself accepted and transacted in interest. Had this happen, that could be contradictory, I mean how can Prophet Muhammad SAW prohibits something and practiced it. The legal maxim upholds that, “Prohibition of an issue is by default an enjoinment of its opposite”.
  2. This terminology by jurists fits this context well. Besides, the condemnation of interest in the Qur’anic verses are explicitly clear that, Allah even declare war against devourer of interest (Qur’an 2:179). In another verse He says that the devourers of interest will raise in the day of resurrection in a condition of those beaten by Satan leading him to madness (2:275). Another point is how does the writer reconcile his claim with the verse that says, …and Allah has permitted trade and forbidden interest (riba) “الراب وحرم البيع هللا وأحل .” Qur’an as a legal document and a book of guidance, has unique, distinct, and miraculous style. It is full of laws and principles with a well-defined science of interpretation, in addition to commentaries and exegeses. One cannot interpret it relying upon his weak understanding of the language. Besides, English Qur’anic translated versions like Yusuf Ali and others are not enough to make a person understands the deeper meanings of its verses with their implications. Just as one cannot interpret the constitution of the Federal Republic of Nigeria even if he is what William Shakespeare is to English literature. Only an established court of law can do that.
  3. The only Interest/Riba Prohibited is above 100% Another surprise by the writer is his claim that interest which is not more than 100% is permitted by the Noble Qur’an. The writer builds his novice interpretation of Allah’s saying: “O believers, take not doubled and redoubled interest, and fear Allah so that you may prosper.” (Qur’an 3:130). With this weak, unprecedented interpretation, the writer further exposes his unfamiliarity of what he claims to know. Going by number, how would Qur’an permit 100% interest and forbids something above it? And by volume, does one cup of wine has any difference to two cups, or does stealing ₦100 has any difference to ₦200.
  4. It does not make sense, and that is ridiculous! Simply, the verse prohibited double interest which is 100% and redouble which is more than 100%. Going by the writer’s assertion, how and where does the writer get the permission of 100%? I mean, where does that state in the verse? 3. Riba, Profit, and Gift (Ihsan) Another point the writer seems to lack knowledge of is these three concepts. All of riba, profit, and gift (Ihsan) can come as an increase in repayment, his confusion in understanding the subject matter led him to falsely assume they are the same and equal, and so he messed up with them in his writing. Citing Jabir bin ‘Abdullah’s narration in Sahih al-Bukhari, Vol. 3, No. 579, in which the Prophet repaid him the debt he owed him with an extra amount as evidence for interest.
  5. This is clear misunderstanding of the case. This is not interest, had the writer, instead of assuming knowledge, referred himself to the scholars’ interpretation of the hadith, he would have understood it. The Qur’an says: “But if they had referred it back to the Messenger or to those of authority among them, then the ones who can draw correct conclusions from it would have known about it” (Qur’an 4:83). So, interest is clearly prohibited whereas, the other two are allowed. More so, debt on its own is not, and will never be a mechanism for profit-making in Islam. The trajectories of interest, profit, and gift and how they can interchange in a transaction are dynamic.
  6. Interest is a predetermine unjustified increment which promotes exploitation of the giver upon the receiver of the loan. Giving out loan does not make the money increase. Qur’an says: “That which you give as interest to increase the people’s’ wealth increases not with Allah; but that which you give in charity, seeking the goodwill of Allah, multiplies in manifold.” (Qur’an 30: 39). Paradoxically, profit is a justified return or earning upon which all economic and financial transactions are based. While gift is an act of benevolence (Ihsan). So, in essence, giving loans stipulating an increase in the debt agreement is interest, while selling a commodity with the same increase is profit and any addition of both the two instances without stipulating any condition to it, is a gift (Ihsan). As in hadith he cited, “when he (the Prophet) repaid the loan of a camel giving two back (Muwatta Kitab al-Buyu hadith 1346),
  7. Money and Commodity A very basic knowledge of Islamic finance can help one to know that in Islamic law, there is a world of difference between money and commodity. The writer quoted out of context one tradition in Sahih Muslim of Prophet giving a better-quality camel than the original one.
  8. In Shari’ah, a side of being a recognizable unit of account and means of payment for goods and services, money, has no intrinsic value. Money is only viewed as a mechanism for facilitating trade. A ₦100 notes for instance, a side of being a legal tender in Nigeria, one can hardly draw any benefit from it, and the moment that quality preserved by law is removed it becomes nothing.

All the old paper currencies and coins after they were abolished by law of the land, they are as good as trash. But the commodity on the other hand, has intrinsic value, this means a real economic value. So, naturally one can benefit from food, cloth, shelter by eating, waring, privacy etc.

 

The implication of that from the jurisprudential perspective is that, one cannot buy and sell money on credit and add anything above the principal. Any increment is interest. The legal maxim says “any loan returns with benefit is interest”. Simply put it, Islam approves Time value in commodity transaction, but prohibits time value of money (TVM).

 

To really understand the concept of Riba in the Islamic jurisprudence, one must know the difference between money and commodity, it is one major yardstick and fantastic point of difference between Islam and the interest-based systems.

 

  1. Collateral as Riba Again, another surprise here, the writer claims that taking collateral in giving loans is also an interest. Citing another narration out of context on Prophet’s taking grain from a Jew on credit and giving him collaterally.

 

The question is how does the collateral in this contract stand as riba? Then, why the Jew had to return back the collateral when the debt was repaid?

 

A clear contradiction and confusion! Collateral is separate rule in the Islamic commercial transaction.

Let the writer refer to Qur’an 2: 282, to know the rules related to collateral.

 

  1. The Definition of Riba The writer here claims that the definition of interest is given in the Noble Qur’an when Allah says “Do not devour riba double and redouble” Qur’an 3:130. This verse does not define interest at all. Rather, it explains one scope, an aspect, and a dimension of interest. Why? because, the cultural context and the prevailing economic system in the Arabia during revelation is that, riba is well known by all and sundry.

The known maxim says: “A known matter does not need definition”. Interest is so pervasive that everybody was transacting in it. Perhaps, this is part of the wisdom of its gradual revelation and prohibition. So, let the writer refer to the gradual legislation of interest in the Qur’an.

 

  1. Riba and Mutual Consent The writer says “There is nothing in the Quran or Hadith that prohibits the pre-fixing of the rate of return, as long as it occurs with the mutual consent of the parties and doesn’t exceed 100%, since the prophet’s payment of two camels for one is 100% interest”. Another glaring misconception! When, where and how the mutual consent of the parties constitutes a source of law in Shari’ah? Or when does it make permitted what is prohibited? I need an answer to this please!

 

  1. Originality The technical aspect of the writing is another drawback of the writing. Apart from verses and hadith he cited; the writer uses most of the writings which are from the secondary sources. The writer claims ownership as if he is the original writer of the issues. He did not acknowledge his sources which some of them are just copied and paste from online internet sources such as Wikipedia and so on.

 

The arguments made by the modernists and orientalists like Muhammad Akram Khan, Timur Kuran, Muhammad Omar Faruq who use TVM, inflation, and so on to defend the banking interest.

 

Other scholars who are moved by political fatwas such as Sheikh Tantawi and other scholars from Egypt, their fatwa is controversial not accepted even in Al-Azhar.

 

Another aspect I find also, apart from modernists’ argument on interest, the writer’s claim on Jassas as the first to interpret interest as all increase, Ottoman’s dealing with interest and historical narration of legalizing interest, these and many others, are not acknowledged. Most of them are copied from Wikipedia (source – https://en.wikipedia.org/wiki/Riba#Non-orthodox_approach).

 

You can see, getting access to information source does not make a person knowledgeable of the subject matter.

 

  1. Warning My advice to the writer is to call his attention that while knowledge is never a monopoly of anybody, but it has its own standard, discipline, and decorum anybody must adhere to. And while, one will never claim to know everything, the jack of all trade will always be a master of none.

Allah The Almighty says: “You have given all of the knowledge but a little”. That is why professionalism is very important and every person should follow his own profession. Nevertheless, no one is denied the benefit of having an interest in any particular field of study.

 

But that aspect should be handled with maturity and respect of the discipline.

 

  1. Admonition, In conclusion, the entirety of religion is based on admonition (Nasihah). My first and foremost admonition to the writer is to quickly repent from alleging the Prophet of accepting riba.

 

It is a grievous sin to falsely attribute something to Allah or to His Messenger. Some scholars rank it equal with the association (shirk) or more grievous than shirk.

 

I also call him to withdraw his claim and adopt the authentic view accepted by the Muslims ummah. The Prophet says: “My nation will never unite on falsehood” You cannot fault the Ummah in its entirety but, individuals cannot be certain of their personal views.

 

 

Bello Sani Yahuza bellokano2000@gmail.com  International Islamic University, Gombak, Malaysia. 14/07/2020

Opinion

Kano APC Youth Coalition, Nasir Ja’o’ji and Party Survival

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By Abba Anwar

At cursory look of the title of this piece, what readily comes to mind, is the existing relationship between Kano APC Youth Coalition and Nasir Bala Ja’o’ji, in APC realignment process or procedure. This really captures the picture clearly from the surface. But there is more to it.

Kano APC Youth Coalition came into being more as a one-man-show, probably self-styled and crafty moved. But subsequent engagements of the Coalition, proves otherwise. Some people thought, the Coalition came handy canvassing for primary support for some quasi – politicians, unproductive as they appear, who always hide behind the scene and make a cover under good image of the party leadership at all levels.

Many people, including me, thought this Coalition under Adamu Unguwar Gini, would operate in desperation, under the guise of recuperating party youth into one basket for misleading purpose. As some elders, would-be-elders and self – acclaimed elders operate from clandestine position.

For sure the Coalition, prepared before its debut. Party elders, leaders and other stakeholders were contacted for direction and guide. This, I was not told, but I observed. I understand this by looking at its growing process. I equally understood that, the leadership of the Coalition was one time tilted towards particular side of the prism. But experience and good intention, in my view, necessitated for spreading the leadership into all sections of the state.

It is this strategy, among others, that gave individuals like Hon Nasir Bala Ja’o’ji, to see reason in aiding the movement. Though he is the Zonal Leader of the movement, from Kano Central. But his contribution towards having effective and efficient implementation of the core central objectives of the group, that is making the party stronger and domineering at all levels, gives him the courage to be one of the principal stakeholders.

The recently announced donation of Eighty Eight Million Naira (N88m) to the Coalition for the 44 local governments tour and empowerment of 100 people from each local government, says a lot in his enduring commitment to the expansion and making the party strong enough to compete comfortably come 2027, at both state and national elections.

The proposed local governments tour and empowerment programme scheduled for time to come, is an important pointer to the fact that, this Coalition has very strong and fearless individuals that are ready to sacrifice their time, energy and resources towards political alignment and realignment within the party structure.

People like Musaddique Wada Waziri, Malam Abdussalam Ishaq (Kumbotso), Umar Maiwayo Rimingado, my younger brother Inyass Habibu, Ibrahim Danyaro, Jijitar, Abubakar Indabawa, former Vice Chairman, Warawa, Dini Manchester Kankarofi, Abubakar Aminu, Hon Barwa, Sani Gilashi, Danfillo, Idris Zango, among many others, are playing very critical role in strengthening the grip of the party across the state and the nation at large.

One interesting thing about this combination is, here are important actors, who, for strategic reason, come from all “sides” of the party stalwarts. Party stalwarts because they are the shining stars of the party in the state.

Stars like Deputy Senate President, Barau Jibrin, former Deputy Governor and Gubernatorial Candidate for 2023 election, HE Nasiru Yusuf Gawuna, former Commissioner for Local Governments and Chieftaincy Affairs and Deputy Gubernatorial Candidate for 2023 election, HE Murtala Sule Garo, Hon Abubakar Kabir Bichi, among others.

But all the Stars above lineup behind our Flagship, the National Chairman of the Party, Dr Abdullahi Umar Ganduje, CON.

After critical review of the intention of the Coalition, Nasir Ja’o’ji comes to believe that, this Coalition means well for the party. And should therefore be facelifted, encouraged, guided and supported. After believing that, the Unguwar Gini led group, “… belongs to everybody and does not belong to anybody…”, Ja’o’ji made it compulsory to always give a helping hand to the group. More importantly, since the Coalition means genuine support for the party at all levels.

Let me still insist that, if Ja’o’ji a political appointee under President Tinubu, as a member Governing Council, of the Federal College of Education (Technical), Potiskum, Yobe State, can do this, contributing N88m, I’m sure other political appointees under the same administration can also replicate.

Because supporting Coalition in the same pace and manner, equals to supporting the party, the National Chairman, and President Bola Ahmed Tinubu at the same time. In my view therefore, Ja’o’ji apart from being a pacesetter among all political appointees from Kano, he is genuinely a firm believer of APC programmes and policies.

My appeal is for the National Chairman of the party, Baba Ganduje, and the Tinubu led administration, to kindly see reason for continued support for the Coalition and similar ones across all the 36 states of the federation, including the Federal Capital Territory, Abuja.

As Unguwar Gini model shows in Kano, Coalition of this nature is not taking away any responsibility of party leadership. We can see how harmonious is the relationship between APC Youth Coalition and state leadership of the party, under Prince Abdullahi Abbas. Another pillar of great substance.

Neutrality of this Coalition, in my own understanding, is clearly manifested in how our shining stars give helping hands to the movement. They are eager to give resources and moral support. It is indeed the neutral posture that gives Ja’o’ji the strength to be of that magnitude.

Anwar, was Chief Press Secretary to the former Governor of Kano State, Dr Abdullahi Umar Ganduje and can be reached at fatimanbaba1@gmail.com

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Opinion

Open Letter to the Former Minister of State, Housing and Urban Development

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Abba Dukawa

As Muslims, we believe in Al-Qadar, the concept of Divine Decree or predestination. This pillar of faith reminds us that everything, good or bad, comes from Allah. We trust in Allah’s wisdom, love, and plan, acknowledging that our lifespan, deeds, and circumstances are recorded in the Lauhul-Mahfuz.

In light of your recent dismissal, I’m concerned that your public statements blaming certain individuals for your removal contradict this fundamental Islamic principle.

You admitted President Bola Tinubu explained your removal was due to the need to balance Kano State’s political representation. Quoting you: “I was surprised, as I wasn’t found guilty of wrongdoing or poor performance… Kano North was overloaded with political officers, hence the need to strike a balance.”

I urge you to reflect on Quran 2:286, “Allah does not burden any human being with more than he is well able to bear,” and Surah Ali ‘Imran, verse 26, “Allah! Possessor of the kingdom, gives the kingdom to whom He will, and takes the kingdom from whom He will.”

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Your rise from local government chairman to deputy governor and minister was Allah’s will. Similarly, your dismissal is part of Allah’s plan.

I caution against desperation and blaming others. Instead, trust Allah’s wisdom and providence.

As a Muslim, it’s inconsistent to think anyone can alter Allah’s plan for you. I believe those close to you are misleading you by allowing you to publicly blame others for your dismissal as Minister of State, Housing and Urban Development. It’s unwise to grant interviews after being relieved of duty, as it comes across as desperate—and your media handlers are equally at fault for permitting it.

Why have the rest of the ministers who were equally sacked remained silent? Why are you the only one expressing dismay for being relieved?

Dukawa writes from Abuja and can be reached at abbahydukawa@gmail.com

 

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Opinion

Sokoto:Sen. Wamakko’s 9 Years Of “Poor” Representation In The Senate

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Sokoto is known for leadership and where religious knowledge is deep-rooted. So, leaders from the Caliphate are well respected and honour by people from other parts of the country. The reason is clear, Sokoto is the seat of Caliphate that produced great leaders and Islamic scholars of high repute.

So, nobody expects less when it comes to leadership in the state, but if you are a keen observer and follower of activities in Nigeria, you would wonder if the Sokoto they are talking about today, have any link with the activities of the great leaders and scholars that were in charge of Sokoto of years back. Certainly, not, because the kind of leadership is not the same, today its political leadership and followers of Nigerian politics know that, the present day politics can’t provide the kind of leadership the Sokoto of the past provided.

Analysts questioned the negative trend ascribed to Sokoto state. They asked several questions including but not limited to how can the great Sokoto state be rated among the educationally backward states in Nigeria? Why should Sokoto be rated among the poorest state in Nigeria? They are worried that it is not acceptable to count Sokoto state among states with negative statistics on child and maternal health; malnutrition should not be an issue in Sokoto. In fact Sokoto should not be among the state that should be faced with insecurity challenges.

But all these and more are prevalent challenges in Sokoto state and this call to question the kind of leadership the political class in the state are providing. For those who are concern about the happenings in the state, are begining to doubt all the positive publicities some top politicians in the state are enjoying for years.

One politician in the state that fortune has smiled on since the inception of this political dispensation in 1999 is Senator Aliyu Magatakarda Wamakko, he has been around for so many years, from the grassroots to the mainstream politics of the state Wamakko has been at the forefront of leadership in the state. He was deputy governor for 7 years, governor for eight years and now Senator for nine years.

Wamakko enjoyed positive publications as a governor and had some landmark achievements ascribed to his name. He was seen as one of the performing governor in the state. Even though critics and analysts have contrary opinions. They said in terms of impact and cost analysis of some of his projects and or their lifespan/durability, Wamakko’s tenure is more of a disservice to the people of Sokoto than a blessing.

To buttress their argument, the critics and analysts, drew the attention of people of Sokoto to compare what his predecessor Sen. Ibrahim Lamido has done in terms of quality, durability and relevance to the general wellbeing of Sokoto people and the plethora of substandard projects Wamakko littered Sokoto with.

They further argued that to assess the quality and sincerity of Wamakko as a leader, his nine years as a senator should be critically scrutinized and the result of the findings be made public for all to judge. According to the analysts, Wamakko has not represented his people well. As a Senator, they said, he has held privileged committees that should be beneficial to the entire Sokoto, but no soul aside members of his inner circle that has benefitted from his senatorship seat.

They explained that the years of neglect of local governments like Gudu, Tangaza, Binji, Silame is the obvious reason why the Lakurawa terrorists group existed in the area for over 8 years unnoticed by the Nigeria government.

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Sokoto North senatorial district comprises of Sokoto North and Sokoto South, Wamakko, Kware, Binji, Silame, Gudu and Tangaza, you go round these local government areas and point to one particular thing the senator has done for members of the senatorial district.

Yes the eastern senatorial district of Sokoto is facing serious security threat in the last seven years, and this has affected socioeconomic activities, which has increased the level of poverty in the region. However, for the last 17 months, things have began to change for better. Purposeful leadership and deliberate actions to change the fact of things can be witnessed.

The purposeful leadership of senator Ibrahim Lamido and deliberate attempt to find a lasting solution to the many challenges affecting the region are so glaring for all to see. For instance, the deliberate investment in education of youth from the region is one sure way of liberating the region from the grip of unscrupulous elements taking advantage of poor level of education in the area to recruit terrorists.

In an unprecedented move and boldness to confront the deep rooted challenges of poor quality of education, Sen. Lamido has sponsored about 50 youth from the zone to study in various fields of human endeavours in India. This is in addition to many interventions in the education sub-sector from the senator, who out concern to the education of youth, declared war against poor education in the region.

This is not happening in any of the senator districts of Sokoto including Sokoto central where Sen. Wamakko spent 9 years representing his constituents in the Red Chamber. It has never happened, it is not happening and I am not sure if there is any plan to do anything like this by the two other senators for the teeming youth in their respective zones. All the eight local government areas of the senatorial district need education intervention including the two metropolitan, but nothing close to this has ever happened. Why won’t Sokoto be rated as educationally backward state when leaders don’t see the need to invest in education of the teeming youth?

Due to the security challenges, Sokoto state is faced with a lot of humanitarian challenges as a result of banditry attacks. And Sen. Lamido has responded well to these challenges. He did not stopped at distribution of relief materials and visitation of victims of banditry attacks, rather engaged in a very robust package of intervention where over a hundred of widows were empowered with N250,000 each to engage in micro and small businesses so as to become self-reliant.

This is done, to facilitate the resuscitation of the economic activities of eastern senatorial district that has suffered from bandits attacks and Sen. Lamido is doing all these from the point of knowledge, that no nation can survive insurrection if it’s people are economically incapacitated.

In the entire nine years of Sen. Wamakko, nobody can provide the record that he has done this kind of gesture. Nobody is talking about giving rice and clothing materials to widows and orphans. Nobody is talking of photoshoot with people who genuinely need humanitarian assistance, but leaders are taking pictures to further exploit people in need of assistance.

Sen. Lamido’s contributions in fighting insecurity in the eastern part of Sokoto if replicated by other senators in the state, nobody would be talking about the Lakurawa terrorists group in Sokoto. Sen. Lamido had from time to time assist communities’ efforts towards ending insecurity. In fact, with permission by the federal security agencies, Sen. Lamido funded the civilian JTF to support the mainstream security personnel in fighting the terrorists operating in the zone. This is in addition to many efforts that can’t be express in black and white due to their sensitive nature all in a bid to restore peace and normalcy in his region.

Such exemplary leadership is lacking in other parts of the state including in Sokoto North, Sokoto South, Gudu Tangaza Binji, Wamakko, Silame and Kware where Senator Wamakko is representing.

Needless to engage in lengthy write up, if Sen. Wamakko in his 9 years did 10% of what Sen. Lamido has done in 17 months in fight insecurity, the Lakurawa terrorists group wouldn’t have penetrated into Nigeria.

The security challenges in the eastern part of Sokoto is receiving the adequate attention of Sen. Lamido. Beside his contributions in fighting banditry, the senator he has equally provided many communities with good drinking water, relief materials and other supports to the Internally Displaced Persons (IDPs) with a view to making their better.

Signed:
Concern Sokoto State Progressive Mind.
Convener

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