Page 70 - AQIF M1
P. 70

3 67
         Philosophy and Fundamentals of Sharī’ah for Islamic Finance
         SHA0011

               Simply put, majority of the scholars agreed that the list of ribawi items
               stipulated in the Ḥadīth are extendable to other items that share similar effective
               causes except they differ on what constitute these effective cause.



               Effective Cause of Ribawi Items















                                       Diagram 20 :  Ribawi Materials


               Rules of Exchange of Ribawi Items



                 Ribawi items        •    Items must be of the same measurement
                  of the same              (weight or number of units)
                  kind of the
                  same basis         •    Payment /delivery must be on cash terms





                 Ribawi items                        measurement (weight or number
                                           of units) is allowed
                  kinds of the
                  same basis





                 Ribawi items of
                                     •    No rules are imposed


                      basis


                                  Diagram 21 : Rules of Exchange of Ribawi Materials

               Wisdom of the Prohibition of Ribā

               1.     Ribā Impairs Social Justice

                      Ribā violates the principles of justice and equity (al-‘adl wa al-ihsān) in
                      financial transaction because profit of one party is guaranteed without
                      giving any due regards to the other party except for the borrowed
                      money. On the contrary, loan in Islām is considered as gratuitous-based
                      contract because the creditor is absolutely prohibited from taking
                      any advantage out of the loan on his favour except for the returning
                      of the principal borrowed.
   65   66   67   68   69   70   71   72   73   74   75