Usury between Al-Muslim (the Muslim) and Al-Harbi (the Disbeliever): A Comparative Jurisprudent Study

Document Type : Original Article

Author

طالب دراسات عليا بقسم الدراسات الإسلامية کلية الآداب - جامعة جنوب الوادي

Abstract

On the linguistic level, the word "Al-Harbi" literally means: the fighting enemy, the war place refers to the states of disbelievers with whom Muslims have no harmony or treaty. Concerning the idiomatic meaning of Al-Harbi, it means the disbelievers with whom Muslims should not feel secure and should not have treaties with them.
Linguistically, "usury" literally means increase. On the jurisprudential level, it refers to the increase because of not making profit in selling. Concerning the Islamic point of view about usury, all Muslim legalists and jurisprudents agreed that usury must totally be forbidden.
However, there are differences between the Islamic legalists and jurisprudents concerning a Muslim deals and treatments with a disbeliever. Thus, there are two points of view concerning this, the first one is that Maliki, Shafia', Hanbali, Abu-Youssef agreed that a Muslim should not hold agreements or deals with a non-believer based on usury in the non-believers places. As for the second point of view, Imam Abu-Hanifa, Mohamed Ibn Al-Hassan, Ibn Al-Majshoun agreed that a Muslim could held treaties, agreements and financial deals with a disbeliever person in places, and countries of disbelievers.
The most accurate and acceptable point of view is the first one (i.e. Maliki, Shafia', Hanbali, Abu-Youssef) which states that a Muslim should not hold agreements or deals with a non-believer based on usury in the non-believers places (i.e. places for war).
 
 

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