"O you, who have believed, fear Allah and give up what remains due to you of interest, if you are true believers. And if you do not, then be informed of a war against you from Allah and His Messenger…" (Qur'an 2:278–279)The apparent meaning suggests this prohibition is absolute (mutlaq) in terms of time and place, yet there seems to be juristic disagreement regarding the permissibility of dealing in riba under special domicile circumstances.
"There is no riba between a Muslim and a harbi in Dar al-Harb."This evidence is supplemented with the Prophet (saw) at his farewell sermon (khutbah al-wida) saying:
(Al-Shafi'i, Al-Umm, Vol. 8, p. 589; Zayla'i, Nasb al-Rāyah li-Ahādīth al-Hidāyah, Vol. 4, p. 44; Al-Sarakhsi, Usūl al-Sarakhsī, Vol. 14, p. 69; Al-Ayni, Al-Bināyah Sharḥ al-Hidāyah, Vol. 8, p. 299)
"All pre-Islamic usury is now abolished. And the first usury I abolish is the usury of al-Abbas bin Abd al-Muttalib, for indeed it is completely abolished." (Sahih Muslim 2950, Sunan Abu Dawud 1905)The hadith about Banu Qaynuqaa noted:
When the Prophet (blessings and peace of Allah be upon him) banished them, they said: We are owed debts that have not yet become due. He said: "Waive some of the debt in return for immediate payment." When he banished Banu al-Nadeer, they said: People owe us debts. He said: "Waive some of the debt in return for immediate payment." (Daraqutni, Haakim)Abbas having embraced Islam at the battle of Badr, returned to live in Mecca (dar al-harb) and continued trading in usury which the Prophet (saw) finally abolished.
"This is the strongest opinion of the School and there is no dispute about it." (Al-Mardāwī, Al-Insāf, op. cit., Vol. 5, p. 52)Leading Hanbali jurist Ibn Taymiyyah's view in Al-Muharrar challenges this, transactions involving riba as permissible between a Muslim and a harbi provided neither entered the others' territory with amaan i.e., protection under permission to stay (Vol. 1, pp. 464–465). In fact, several books of Hanbali jurisprudence support Ibn Taymiyyah's view: Al-Mustaw'ab, Al-Munawwar, Tajrīd al-Inayah, Idrak al-Ghayah and the treatise of Ibn Abdus.
"We do not know of its authenticity due to it not being recorded in any of the authentic books of Traditions."Others critiqued it based on their personal methodological approaches e.g., al-Subki claimed the hadith was mursal therefore weak, and could not be used as legal evidence (Al-Nawawi, Al-Majmu, Vol. 9, p. 376). This argument however is irrelevant for the Hanafis as mursal ahadith are acceptable so long the chain is authentic (Al-Ayni, Al-Binayah, Vol. 8, p. 299). Al-Sarakhsi in al-Mabsut further explained Makhul was a jurist and a trustworthy narrator of hadith (Vol. 14, p. 69).
"There is no sex (rafath), no bad acts and no fighting in Hajj." (Qur'an 2:197)referring to the prohibition of these acts, not their negation (Ibn Qudamah, Al-Mughnī, Vol. 4, p. 163). Sarakhsi argued if riba were unequivocally forbidden, there would be no need for the Prophet (saw) to repeat a known rule in an obscure manner.
"This proves the permissibility of riba with a harbi in Dar al-Harb according to the opinion of Abu Hanifah for the simple fact that Mecca at that time was Dar al-Harb and Abbas lived there as a Muslim. The Prophet did not prohibit Abbas from riba after becoming a Muslim until Mecca became Dar al-Islam after the "conquest of Mecca". Thereafter the Prophet prohibited Abbas's usurious dealings. This therefore proves the permissibility of riba in Dar al-Harb." (Abu Walid Ibn Rushd, Al-Muqaddimāt al-Mumahidāt Li-Bayān Mā Iqtadathū Rusūm al-Mudawwanah, 2002, pp. 344-345)Sarakhsi explained the hadith of Banu Qaynuqa:
"It is well-known that such transactions – the riba referred to in the words "Waive some of the debt in return for immediate payment" are not permissible among the Muslims. If the one who is owed a debt to be paid later waives some of it on condition that the debtor pay some of it immediately, that is not permissible. Umar, Zayd ibn Thaabit and Ibn Umar (ra) disapproved of it, but the Messenger of Allah (saw) regarded it as permissible in these two cases, because these two tribes were "ahl al-harb" [in a state of war against Muslims] at that time, and that is why he banished them. Thus we know that a particular transaction may be permissible between a harbi and a Muslim that is not permissible between Muslims."Scholars including Abu Yusuf, Malik, al-Shafi'i, al-Subki, al-Nawawi, ibn Muflih, al-Mardawi, Ibn Qudamah and others however categorically prohibited it in all circumstances. In al-Awza'i's refutation of the permissibility of usury in dar al-harb, he writes:
How is it lawful for a Muslim to devour usury in a nation where Allah has made unlawful for him their blood and wealth? Muslims during the Prophetic time transacted with non-Muslims and they did not consider it lawful [to take riba]. (Al-Shafi'i, Al-Umm, Vol. 8, p. 589)
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