Usury laws

Those who devour usury can not stand but as stands one whom possessed by reason of insanity. That is because they say that buying and selling the same as usury. Though God has trade and forbidden usury. Anyone who gets a warning from his Lord, then he stops, then what has been gained before his and his business (up) to God. Whoever repeats, they were of the Fire, to dwell in it. (Q.S. al-Baqarah 2: 275)

Based on the above verses, Allah has forbidden usury outright and justify the purchase to his people.
Then, based on the science of jurisprudence, there are four types of riba known as riba, which is as follows:
A. Riba Fadl
2. Riba Nasi'ah
3. Riba Ignorance
4. Riba Qard

A. Riba Fadl
Riba is also known as riba fadl Buyu ', which is due to the exchange of usury which timbulk similar items that do not meet the same criteria of quality (bi mistlan mistlin), the same quantity (sawa sawa's bi-in) and at time of delivery (bi yadan Yadin). Exchange of this type contain gharar, which is unclear for both sides of each item will be exchanged. This ambiguity can lead to unjust action against either party, both parties, and other parties.
Here's an example of riba fadl with ketidakjelasannya
When the Jews lost the war Khabair, their property taken as spoils of war (ghanimah), including jewelry made of gold and silver. Of course jewelry is not a Muslim and Muslim styles are simple. Therefore, the Jews tried to buy yanng jewelry made of gold and silver, which will be paid using money made of gold (dinar) and silver (dirhams). So if this is not the shape explored trading activities but the exchange of similar goods. Gold and silver exchanged for gold and vice versa.
Silver jewelry that weighs the equivalent of 40 dirhams (one uqiyah) sold by the Muslims to the Jews sehargha two or three dirhams, whereas those with heavy jewelry and a lot more than uqiyah 2-3 dirhams. So based on that illustration above can dikonklusikan experienced obscurity (gharar) in the value of silver jewelry and coin.
Hearing this the Prophet. Said:
"From Abu Said al-Khudri ra, the Prophet SAW. Said; Transaction exchange gold for gold should be the same proportion, balance, and hand to hand (cash), the excess is riba; silver with silver should be the same dose, weight, and hand to hand (cash), the excess is riba; grain of wheat must the same dose, weight, and hand to hand (cash), the excess is riba; flour with the flour should be the same dose, weight, and hand to hand (cash), the excess is riba; palm to palm to be the same dose, weight, and hand to hand (cash), the excess is riba; salt with salt should be the same dose, weight, and hand to hand (cash), the excess is riba "(Reported by Muslim)
Beyond the six types of goods are permitted provided that the assignment carried out at the same time. Saw Apostle. Said:
"Do you deal with two a dinar dinars; one dirham coin with two: one sha 'with two sha' because I'm worried about usury (al-rama). One asked: O Apostle, what if one sells a horse with some horses and a camel with a few camels? The Prophet replied: "Why not, as long as is done by hand to hand (direct)" (Muslim)
Indeed, basically a little difficult to understand clearly the meaning of riba fadl, but according to the Hadith above we can conclude that we should not exchange the goods are similar but different measure, quality, or of aspects of the submission (must be in cash) this is because there will be gharar and will rise from obscurity, riba fadl.
So we can conclude that for riba fadl unequal exchange of goods and measuring quality for similar items made of gold, silver, wheat, flour, dates, and salt, not good takutna dilakuakan as this would cause usury. But if the exchange of objects that are not similar though different numbers it is possible as this form of trading action (not usury) as long as it is done directly from hand to hand (cash).
Later in banking practices, riba fadl can be found in foreign exchange transactions are not dilakuakan with cash (spot). Because the foreign exchange it in the form of money (paper), paper exchanged for paper (in cash), but the exchange is different. Eg 1 USD exchanged to USD 9084, so it is usury.

2. Riba Nasi'ah
Riba nasi'ah also known as the throngs of usury usury arising from debts that do not meet the criteria with risk of profit arise (al ghunmu ghunmil bil) and results of operations together with the costs arise (al-bil kharaj dhaman). This transaction contains the exchange of the obligation to bear such a burden, just as time passes.
Nasi'ah is the suspension of the delivery or receipt of goods exchanged usury usury with other types of goods. Riba nasi'ah munncul because of differences, changes or additions anatra today delivered the goods with the goods delivered later. So ghunmu (fortunately) appear in the absence of al-ghurmi (risk), results of operations (al-kharaj) appear without a fee (dhaman); al-kharaj and dhaman emerge only with time. Though the business has always had a profit and loss. Ensure something beyond human power is a form of kezhaliman. Yet that is precisely what happened in nasi'ah usury, which is supposed to be treating something uncertain (not certain) to be Certain (definitely). Obligation to bear the burden of exchange (exchange of lialbility), can lead to action against the wrongdoers, both parties, and other parties.
In conventional banking, usury rice; ah can be found in mortgage interest payments and interest payments on deposits, savings, current accounts, and others. Bank as a lender that provides loans require interest payments in the amount fixed and determined in advance at the beginning of the transaction (fixed and predetermined rate). Though customers who get a loan that does not benefit a fixed and predetermined, too, because in business there is always a possibility of loss, breakeven or profit can not be determined from the beginning. So, put on the interest rate for a loan is an act that ensures something that is uncertain, and this is forbidden.
Concluded that an nasi'ah usury when something must be not a sure thing, and at the time of the borrowing and lending transactions, then set the return is more than the amount lent is called usury nasi'ah.
The supporters of the concept of basing their arguments flowers to the principle of time value of money which is defined sebagaio follows:
A dollar today is worth more than a dollar in the future Because a dolla today can be invested to get a return
This definition is not accurate because each investment has always had a chance to get a positive return, negative, or BEP (break event point). That is why the theory of finance, has always known risk-return relationship. This risk can not be ascertained, and if confirmed could lead to riba nasi'ah.
3. Riba Ignorance
Riba Jahiliyyah is the debt exceeds the principal amount is paid when the borrower can not recover the debt within a defined time period. Riba is prohibited because of a violation jahilliyah rule "Kullu Qardin Manfa'atan fahuwa Riba" (any loan benefit is riba). Lending is a transaction tabarru 'yahni (Qard) while the benefit is a commercial transaction (tijarah). So which of the original transaction as a transaction diniatklan dibah goodness should not be a commercial transaction or business motivated.
In terms of surrender included as usury usury jahilliyah nasi'ah and similarities in terms of objects that are exchanged, considered riba fadl. Qurtuby commentary explains:
"In the days of Jahiliyyah its creditors, have matured pabila would say to the debtor;" Lunaskan your debt now, or you delay it by an additional payment ". Then the debtor and creditors to pay an additional waiting time of payment of the new "(Tapsir Qurtuby, 2/1157).
Dala conventional banking, usury jahilliyah can be found in the imposition of interest on credit card transactions are not fully paid the bill.

Riba transactions
Riba Fadl  foreign exchange transactions in cash.
Riba Nasi'ah  mortgage interest payments, and receipt of interest on savings, depodito, and demand deposits.
 Jahilliyah usury credit card transactions that are not paid in full.



Created By >> Gusti Pares
Faculty of Economics and Business
Sriwijaya University