Riba is Riba, whether it is in the Dar ul-Islam or in Dar ul-Kufr

প্রশ্ন · Question

Assalamu alaikum,
Could you also explain to us regarding the opinion of Abu Hanifa,
Sufyan al-Thawri and others that there is no Riba (usury) in Dar ul -Kufr
inferring the hadith (There is no Riba between a Muslim and a harbi in
Dar al-Harb) and the evidence that Al -Abbas dealt with usury in Dar ul -
Kufr and also arguing that Abu Bakr bet the polytheists in Mecca and
the Messenger ﷺ supported him, is it permissible to follow such
views? Especially for those who the earth confined them in spite of its
vastness. Please send that to the Ameer and send it to me privately.
Thank you.

উত্তর · Answer

First: Riba (usury) is prohibited in all of its cases, whether it is Dar ul -
Islam or Dar ul -Kufr. Its evidence came general without specification
and absolute without restriction, as in the Shari’ texts from the Book of
Allah Almighty and the Sunnah of His Messenger ﷺ:
- Allah ﷻ says:
(
َ
كُلُونَ الرربا لا يَقُومُونَ إِلََّ كَمَا يَقُومُ الهذِي يَتَخَبَّطُهُ الشَّيْطَانُ مِنَ الْمَسر ذَلِكَ بِأ
ْ
الهذِينَ يَأ نَّهُمْ
حَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرربا فَمَنْ جَاءَهُ مَوْعِظَةٌ مِنْ رَبرهِ
َ
قَالُوا إِنَّمَا الْبَيْعُ مِثْلُ الرربا وَأ فَانْتَهََ فَلَهُ
صْحَابُ النَّارِ هُمْ فِيهَا خَالِدُونَ * يَمْحَقُ اللَّهُ الرر
َ
ولَئِكَ أ
ُ
مْرُهُ إِلََ اللَّهِ وَمَنْ عَادَ فَأ
َ
مَا سَلَفَ وَأ بَا
ثِيمٍ
َ
وَيُرْبِْي الصَّدَقَاتِ وَاللَّهُ لََ يُحِبُّ كُلَّ كَفَّارٍ أ )
Those who consume interest cannot stand [on the Day of
Resurrection] except as one stands who is being beaten by Satan into
insanity. That is because they say, "Trade is [just] like interest." But
Allah has permitted trade and has forbidden interest. So, whoever
has received an admonition from his Lord and desists may have what
is past, and his affair rests with Allah. But whoever returns to
[dealing in interest or usury] - those are the companions of the Fire;
they will abide eternally therein. * Allah de stroys interest and gives
increase for charities. And Allah does not like every sinning
disbeliever.”. [Al-Baqarah: 275-276],
(يُّهَا الهذِينَ آَمَنُوا اتَّقُوا اللَّهَ وَذَرُوا مَا بَق ِيَ مِنَ الرربَا إِنْ كُنْتُمْ مُؤْمِنِيْ َ* فَإِنْ لَمْ تَفْ
َ
يَا أذَنُوا
ْ
عَلُوا فَأ
مْوَالِكُمْ لََ تَظْلِمُونَ وَلََ تُظْلَمُونَ
َ
بِحَرْبٍ مِنَ اللَّهِ وَرَسُولِهِ وَإِنْ تُبْتُمْ فَلَكُمْ رُءُوسُ أ )
O you who have believed, fear Allah and give up what remains [due
to you] of interest, if you should be believers. And if you repent then
you have your capital (without interest). * And if you do not, then be
informed of a war [against you] from Allah and His Messenger. But if
you repent, you may have your principal - [thus] you do no wrong,
nor are you wronged” [Al-Baqara: 278-279].

- The Messenger of Allah ﷺ said in what Muslim narrated on the
authority of Ubadah bin al -Samit who said: The Messenger of Allah ﷺ
said:
«الذَّهَبُ بِالذَّهَبِ وَالْفِضَّةُ بِالْفِضَّةِ وَالْيُُّْ بِالْيُْر وَالشَّعِيُْ بِالشَّعِيِْ وَالتَّمْرُ بِالتَّمْرِ وَالْ مِلْحُ
بِالْمِلْحِ مِثْلاً بِمِثْلٍ سَوَاءً بِسَوَاءٍ يَداً بِيَدٍ فَإِذَا اخْتَلَفَتْ هَذِهِ الَْْصْنَافُ فَبِيعُوا كَيْفَ شِئْتُمْ إِذَا
كَانَ يَداً بِيَدٍ »
“The gold for gold, the silver for silver, the wheat for wheat, the
barley for barley, the dates for dates and the salt for salt; like for like,
measure for measure and hand to hand (i.e. immediately) and if they
differed sell as you wish if it was hand to hand.”. Muslim also
narrated on the authority of Abu Saeed Al -Khudri, who said the
Messenger of Allah ﷺ said:
«الذَّهَبُ بِالذَّهَبِ وَالْفِضَّةُ بِالْفِضَّةِ وَالْيُُّْ بِالْيُْر وَالشَّعِيُْ بِالشَّعِيِْ وَالتَّمْرُ بِالتَّمْرِ وَالْ مِلْحُ
رْبَْ الْْخِذُ وَالْمُعْطِي فِيهِ سَوَاءٌ
َ
وْ اسْي َ َادَ فَقَدْ أ
َ
بِالْمِلْحِ مِثْلاً بِمِثْلٍ يَداً بِيَدٍ فَمَنْ زَادَ أ »
“Trade gold for gold, silver for silver, wheat for wheat, barley for
barley, dates for dates and salt for salt, like for like, and hand to
hand, for whoever increases or takes an increase will fall into riba, for
the taker and the giver alike.”
- Abu Dawood narrated in his Sunan on the authority of Ubadah bin al -
Samit: The Messenger Allah ﷺ said:
«الذَّهَبُ بِالذَّهَبِ تِيُْْهَا وَعَيْنُهَا وَالْفِضَّةُ بِالْفِضَّةِ تِيُْْهَا وَعَيْنُهَا وَالْيُُّْ بِالْيُْر مُدْيٌ بِمُ دْيٍ
وَالشَّعِيُْ بِالشَّعِيِْ مُدْيٌ بِمُدْيٍ وَالتَّمْرُ بِالتَّمْرِ مُدْيٌ بِمُدْيٍ وَالْمِلْحُ بِالْمِلْحِ مُدْيٌ بِمُدْيٍ فَمَ نْ
مَّ
َ
كْي َُهُمَا يَداً بِيَدٍ وَأ
َ
سَ بِبَيْعِ الذَّهَبِ بِالْفِضَّةِ وَالْفِضَّةُ أ
ْ
رْبَْ وَلََ بَأ
َ
وْ ازْدَادَ فَقَدْ أ
َ
زَادَ أ ا نَسِيئَةً فَلََ
مَّا نَسِيئَةً فَلََ
َ
كْي َُهُمَا يَداً بِيَدٍ وَأ
َ
سَ بِبَيْعِ الْيُْر بِالشَّعِيِْ وَالشَّعِيُْ أ
ْ
وَلََ بَأ »
“Gold is to be paid for with gold, raw and coined, silver with silver,
raw and coined (in equal weight), wheat with wheat in equal
measure, barley with barley in equal measure, dates with dates in
equal measure, salt by salt with equal measure; if anyone gives more
or asks more, he has dealt in usury. But there is no harm in selling
gold for silver and silver (for gold), in unequal weight, payment being

made on the spot. Do not sell them if they are to be paid for later.
There is no harm in selling wheat for barley and barley (for wheat) in
unequal measure, payment being made on the spot. If the payment is
to be made later, then do not sell them.”
- The issue of Riba (usury) has been sufficiently mentioned in our
books; the following was mentioned in the book, The Economic
System, [pg. 244 English version / pg. 250 Arabic edition]:
[Riba and Currency Exchange (Sarf):
Riba (usury) is the practice of taking property for another property of
the same type unequally. The money exchange (Sarf) is the practice of
taking a property for another property from gold and silver of the
same type equally or of two different types equally or preferentially.
The exchange can only take place in trade, as for usury, it can only
happen in a trade (Bay'u) transaction, in a loan (Qardh) or in a Salam
(forward buying)...
Usury does not take place in the Bay'a (trade) and the Salam (advance
sale) except in six items only, and they are: dates, wheat, and barley,
salt, gold and silver. As for the Qardh (loan), usury can take place in all
its types i.e. in everything; it is forbidden for a person to lend
something to another, and to expect more or less for it, or to receive
something different in return. The settlement of the loan or anything
borrowed should be by the same amount and the same type of goods
borrowed. The difference between the trading and the Salam on the
one hand, and the Qardh on the other hand, is that the former can be
exchanged for a different type or for the same type, whereas the
Qardh can only be exchanged for the same type and nothing else. As
for the evidence that usury can only take place in the six mentioned
items, this is derived from the general consensus of the Sahaba and
because Muslim reported on the authority of Ubada ibn as -Samit that
the Messenger of Allah ﷺ said:

«الذَّهَبُ بِالذَّهَبِ وَالْفِضَّةُ بِالْفِضَّةِ وَالْيُُّْ بِالْيُْر وَالشَّعِيُْ بِالشَّعِيِْ وَالتَّمْرُ بِالتَّمْرِ وَالْ مِلْحُ
بِالْمِلْحِ مِثْلاً بِمِثْلٍ سَوَاءً بِسَوَاءٍ يَداً بِيَدٍ فَإِذَا اخْتَلَفَتْ هَذِهِ الَْْصْنَافُ فَبِيعُوا كَيْفَ شِئْتُمْ إِذَا
كَانَ يَداً بِيَدٍ »
“The gold for gold, the silver for silver, the wheat for wheat, the
barley for barley, the dates for dates and the salt for salt; like for like,
measure for measure and hand to hand (i.e. immediately) and if they
differed sell as you wish if it was hand to hand.” (Narrated by Muslim
on the authority of Abu Obadah).
The general consensuses of the Sahaba and the Hadith have
mentioned that specific things are subject to Riba, thus it cannot occur
except within these things. The Shari'ah principle stating that: "All
things are originally permitted unless there is evidence about the
prohibition" applies to the things in which Riba occurs. Evidence has
not been established regarding any other things except these six that
are mentioned, therefore Riba only occurs in them. Things that are
from the same origin and things that fit the description, as the six
mentioned are included and they follow the same rule, but nothing
else. As for the reason (‘Illah) behind prohibiting these things, there is
no Shari'ah text to that effect, therefore no reason must be deduced in
this instance, simply because the reason must be a Shari'ah one and
not rational; and if the reason cannot be deduced from a text, it
cannot be recognised.
As for the analogy of the reason, this also cannot be deduced in this
instance, for the condition of making analogy in the reason itself must
be the presence of a clear and understood description in order that
analogy can be made to it. If there were no clear description to be
found, there can be no reason behind the rule of prohibition; and
things like a primary noun (not derived from a verb form) and a vague
description cannot be regarded as divine reason, and analogy cannot
be made from it...] End quote from the Economic System... This has
been detailed in the same chapter, so you can refer to it.

All of this indicates that Riba (usury) is forbidden wherever it is, there
is no difference between Dar ul -Islam and Dar ul -Harb, because the
texts of the prohibition of Riba are general in their form without
specification, and absolute without restriction. And the majority of
scholars affirm this as well.
Second: As for what was reported from the Hanafis that it is
permissible in Dar ul -Harb, it is the school of Abu Hanifa and his
student Muhammad ibn al-Hasan (Abu Yusuf disagreed with them) ...
As for the evidence that they quote on al -Abbas and Abu Bakr, which
you have mentioned in your question, it is a matter of opinion:
1- The subject of al -Abbas, may Allah be pleased with him: Abu Jaafar
al-Tahawi, [deceased 321 AH] says in his book “Sharh Mushkil al-Athar”
under the title (Chapter of Explanation of the problem with what was
narrated from the Messenger of Allah ﷺas evidenced by Muhammad
ibn al -Hasan in what Abu Hanifa used to say regarding the
permissibility of usury between Muslims and among the polytheists in
Dar ul-Harb) ... In this chapter, al-Tahawi says:
[...It was in these reports (Athar) that Riba was at that time forbidden
in Dar ul -Islam among the people of Islam, then we found the
Messenger of Allah ﷺ in his sermon on the Farewell Pilgrimage what
al-Rabee’ al-Muradi had told us, he said: (On the authority of Jabir bin
Abdullah, may Allah be pleased with them both, that the Messenger of
Allah ﷺ said at his Farewell Sermon (Khutbah al-Wida):
«ضَعُهُ رِبَا العَبَّاسِ بْنِ عَبْدِ الْمُطَّلِبِ فَإِنَّهُ مَوْضُوعٌ كُل
َ
وَّلُ رِباً أ
َ
وَرِبَا الْجَاهِلِيَّةِ مَوْضُوعٌ وَأ هُ »
“All Riba of the Jahiliyah days (pre -Islamic usury) is now abolished.
And the first Riba I abolish is the usury of al - Abbas bin Abd al -
Muttalib, for indeed it is completely abolished”). He added: (Amr ibn
Ahwas said: I heard the Messenger of Allah ﷺ says:
«مْوَالِكُمْ لََ تَظْلِمُونَ وَلََ تُظْلَمُونَ
َ
لََ إِنَّ كُلَّ رِباً مِنْ رِبَا الْجَاهِلِيَّةِ مَوْضُوعٌ، لَكُمْ رُءُوسُ أ
َ
أ»

“All the usuries of the Ignorance days are abolished, but you will
have your capital. Do not wrong others and you will not be
wronged”) ... This indicated that Riba was taking place in Makkah
when it was Dar ul -Harb until it was conquered, because the
disappearance of Jahiliyah is by it being conquered, thus the saying of
the Messenger of Allah ﷺ that the first Riba I abolish is our Riba; the
Riba of al-Abbas bin Abd al-Muttalib. This indicates that the usury of al-
Abbas was in place until the Messenger of Allah ﷺabolished it,
because he only abolished what was existing, not what was lost before
he abolished it...
In this there is evidence that al -Abbas had Riba until the conquest of
Makkah and he was a Muslim before that, and in this is evidence that
Riba was permissible between Muslims and the Mushrikeen in Makkah
when it was Dar ul -Harb, and at that time it is forbidden among
Muslims in Dar ul -Islam... As Abu Hanifa and Al -Thawri say...) End
quote.
The most likely answer is:
A- This is not correct to infer that Al -Abbas used to deal with the
people of Makkah with Riba because it was Dar ul -Harb, because
Makkah became Dar ul -Islam from the time of the conquest, and the
conquest was before this hadith was received: If the Messenger ﷺ had
said this saying at the time of the conquest of Makkah, it would have
had a valid point. However, since the Hadith was uttered two years
later, then the point of inference is invalid.
B- Moreover, the connection between riba and jahiliyyah in this hadith
«لََ إِنَّ كُلَّ رِباً مِنْ رِبَا الْجَاهِلِيَّةِ مَوْضُوعٌ
َ
أ» “The riba of the Jaahiliyyah is
abolished” may be understood as referring to the type of riba that al -
Abbas dealt in before he became Muslim, because jahiliyyah is what
comes before Islam. Based on that, what is meant in this hadith is that
al-Abbas used to deal in riba before he became Muslim, and he had

some riba -based returns that were owed to him by the debtors, but
the Prophet ﷺ forbade him to take those returns,
(مْوَالِكُمْ
َ
وَإِنْ تُبْتُمْ فَلَكُمْ رُءُوسُ أ ) But if you repent, you may have your
principal [capital]” [al-Baqarah 2:279]. And he announced that this
kind of riba was abolished.
2- As for their inference for what they said: “And because Abu Bakr as -
Siddiq, may Allah be pleased with him, wagered with the mushrikeen
of Quraysh before the Hijrah [migration to Madinah], when Allah, may
He be exalted, revealed the words: (الم * غُلِبَتِ الرُّومُ ...)Alif, Lam,
Meem. The Byzantines have been defeated in the nearest land...”
[Ar-Rum 30:1]. Quraysh said to him: Do you think that the Byzantines
will prevail? He said: Yes. They said: Will you make a wager with us? He
said: Yes. So, he made a wager with them, and he told the Prophet ﷺ
about that. The Prophet ﷺ said: «اذْهَبْ إِلَيْهِمْ فَزِدْ ف ِي الْخَطَرِ » “Go to them
and increase your wager.” So he did that, and the Byzantines defeated
the Persians. Abu Bakr collected his winnings, and the Prophet ﷺ
allowed that, even though it was essentially gambling between Abu
Bakr and the mushrikeen of Makkah, and Makkah was the land of shirk
at that time...) And Khatara means gambled or use gambling.
The answer to this is twofold: the first is that majority of scholars think
that this has been abrogated, because it took place before the
prohibition on gambling was revealed... The second is that of the
scholars think that this kind of wager is permissible and is not
abrogated, because the aim behind it was to support Islam. This is the
view favoured by Sheikh al -Islam Ibn Taymiyah and Ibn al -Qayyim. In
both cases, the inference of the permissibility of usury in Dar al -Harb is
a likely matter.
3- Accordingly, the most likely in this issue is that usury is forbidden
between a Muslim and another Muslim, and between a Muslim and
Kafir in the lands of Islam, or the lands of Kufr, or the lands of Harb
(war)... This is the view of most of the jurists from the Malikis, Shafi’is

and Hanbalis, and for information, here are the sayings of some jurists
in this matter:
a- Ibn Qudaamah al-Maqdisi (may Allah have mercy on him) said in al -
Mughni: “Riba is haraam in “dar al -harb” just as it is haraam in “dar al -
Islam” [Muslim lands]. This is the view of Malik, al -Awzaa‘i, Abu Yusuf,
ash-Shafa‘i and Ishaaq. That is because Allah, may He be exalted, says:
(وَحَرَّمَ الرربا ) [Allah] has forbidden interest” [al-Baqarah 2:275] and
(كُلُونَ الرربا لا يَقُومُونَ إِلََّ كَمَا يَقُومُ الهذِي يَتَخَبَّطُهُ الشَّيْطَانُ مِنَ الْمَسر
ْ
الهذِينَ يَأ )
Those who consume interest cannot stand [on the Day of
Resurrection] except as one stands who is being beaten by Satan into
insanity” [al-Baqarah 2:275]. And Allah, may He be exalted, says:
(يُّهَا الهذِينَ آَمَنُوا اتَّقُوا اللَّهَ وَذَرُوا مَا بَق ِيَ مِنَ الرربَا
َ
يَا أ )
O you who have believed, fear Allah and give up what remains [due
to you] of interest” [al-Baqarah 2:278]. The general meaning of the
reports confirms that it is haram to pay more than one took. The
hadith
«فمَن زادَ أوِ اسْي َ ادَ فقَدْ أرْبَْ » “Whoever gives more or asks for more has
engaged in riba” is general in meaning, as are all the hadiths [on this
topic]; moreover, what is haram in “dar al -Islam” is also haram in
“dar al -harb”, such as Riba between Muslims”. He also said:
“Whoever enters enemy land legally, after being granted safety,
should not act treacherously towards them with regard to their
wealth, and should not deal with them on the basis of Riba”. And he
said: “With regard to the prohibition on Riba in “dar al -harb”, we have
discussed it in the chapter on Riba, in addition to the fact that the
verse (وَحَرَّمَ الرربا ) [Allah] has forbidden interest” and all the verses and
reports that indicate that riba is forbidden are general in meaning and
apply to Riba in all places and at all times”. End quote.
b- Al-Nawawi, may Allah have mercy on him, said in Al -Majmoo’, Sharh
Al-Muhaddhab: (“The ruling on riba in “dar al -harb” is the same as the

ruling thereon in “dar al -Islam”. This was stated by Malik, Ahmad and
Abu Yusuf. Our evidence for that is the general meaning of the
evidence which indicates that riba is forbidden, and because
everything that is forbidden in “dar al -Islam” is also forbidden in “dar
ash-shirk” [lands where polytheism prevails], like all other shameful
deeds and sins. Moreover, it is an invalid transaction, so it is not
permissible for the one contracted to do so, like marriage.”...
c- Imam al -Shafi’i, may Allah have mercy on him, said: “If some
Muslims enter bilaad al -harb [a land that is at war with the Muslims]
with a guarantee of safety, then the enemy should be safe from them
until they leave, or until the period of safety comes to an end. They
have no right to transgress against them or act treacherously towards
them.” End quote from al -Umm (263/4). He also said in al -Umm
(4/284): “If a man enters “dar al -harb” with a guarantee of safety, and
is able to capture some of their weal th, it is not permissible for him to
take anything of that, whether in small or large amounts, because if he
is safe from them, then by the same token they should be safe from
him, and it is not permissible for him – after they have granted him
security – to take of their wealth anything except that which would be
permissible for him to take of the wealth of Muslims or people living
under Muslim rule, because taking wealth is disallowed in the
following scenarios: firstly, if it belongs to a Muslim; secondl y, if it
belongs to someone who is living under Muslim rule; and thirdly, if it
belongs to someone who has been granted security for a certain
period”. End quote.
Finally, I ask Allah, Subhanahu, to expand you a pure and lawful
sustenance, and to bless you with a good life that you spend in
obedience to Allah, so that you will win in both worlds, and that is the
great victory.
Your brother,
Abu Yasin

08th Muharram 1443 AH
16/08/2021 CE