Amasya İlahiyat Dergisi

Öz

In
the classical period, it is seen that two different theories about riba’l-fadl
(surplus interest) have become widespread. According to the first theory that
belongs to Hanafi and Hanbali scholars, genus and qadr (kayl/vazn) unity among
goods is stipulated. For example, the fact that the surplus of gold is
forbidden in exchange of gold stems from its being weighable, not from that
gold is money. And the fact that the surplus of wheat is forbidden in exchange
of wheats stems from its being measurable. Therefore, riba’l-fadl does not
accrue in the exchange of unmeasurable or unweighable goods with their own
type. Equality is not required in the exchange of ‛adadî goods (which their
quantities are known by number) such as apples and eggs or zar‛î goods (which
their quantities are known by length measure) such as hand-woven fabrics, rugs
and so on with their own kinds. According to the second theory that belongs to
Shafi‛i and Maliki scholars, both of goods in an exchange must be foodstuff,
gold or silver. Therefore, equality does not need to be observed in the
exchange of non-gold or non-silver coins or non-food commodities such as
cotton, wood, iron and brick with their own species.

When
the common riba theories in the classical period are applied exactly today, it
is revealed that the excess in exchange of banknotes or many industrial
products with their own kinds is not forbidden  For example, according to the riba’l-fadl
theory based on genus and qadr (kayl/vazn) unity among goods, paper money and
many industrial products that are not measured with kayl or vazn are not
subject to the riba’l-fadl. A similar result is seen when we consider the other
common riba’l-fadl theory that requires goods to be food or gold or silver.

Contemporary
Islamic jurists, generally, with the idea that equality must be stipulated in
the exchange of paper money and industrial products which are produced equally
with each other, tend to extend the scope of the riba prohibition by
introducing a new riba theory. Therefore, in the contemporary period, instead
of the theories that were dominant in the classical period, a new theory began
to become widespread, requiring that all kinds of money and all kinds of
property should be exchanged equally with their own kinds. These scholars argue
that ‛illa must be al-samaniyya al-mutlaka in gold and silver, and al-misliyya
al-mutlaka in other products. The acceptance of these two qualities as an ‛illa
requires the consideration of equality in the exchange of all kinds of money
and all kinds of property with its own. However, the following should be taken
into consideration: The claim that ‛illa is al-samaniyya al-mutlaka in gold and
silver, and al-misliyya al-mutlaka in other products, it also raises the claim
that either none of the theories prevailing in the classical period represented
truth or that classical theories representing truth in the past are no longer
valid. Therefore, the question of whether classical interest theories are still
valid today is a serious problem. This problem is discussed in detail in this
study in terms of the Hanafi riba theory.

When
classical Hanafi interest theory is examined, it is understood that the reason
of the consideration of genus and qadr (kayl/vazn) unity among goods in Hanafi
Theory is the fact that the only way to establish an exact equivalence between
goods is with kayl or vazn in that periods. It was not possible to fully
determine whether ‛adadi or zar‛i goods are equivalent to each other. They were
never seen as exactly equal to each other in that period. In the classical
period, it is generally mentioned from inequality or similarity not exact equality among ‛adadi or zar‛i
goods. However today, the situation is quite different. Since the industrial
revolution, the ‛adadi or zar‛i goods with full equality has emerged and has
become increasingly widespread. Therefore, since the industrial revolution,
according to the Hanafi interest theory which adopts the principle of
establishing equality between goods in an exchange, it is necessary to take
‛adadi or zar‛i goods which are exactly equal into interest goods. In other
words, it is necessary to accept qualifications of being countable or
measurable by length as an ‛illa when they are exactly equal to each other.
Indeed, as far as Abdulaziz al-Buhari quotes, Imam al-Burgari clearly states
that exact equal countablity in the Hanafi theory is considered as an ‛illa
about coins in circulation. Consequently, there is no validity problem in terms
of the Hanafi theory, since it actually covers paper money and all industrial
products.