Question:

Is every usury in any form absolutely forbidden from both parties (the receivable / loan shark and the debtor)? Or is it only forbidden for loan sharks, while those who are indebted are free? And if those who are in debt are innocent, is this only if they are in need of accounts receivable, squeezed and poverty, or does the need not become a requirement for the debts to be paid by usury? If it is permissible for people who need / are stuck, whether for people whose needs are not too urgent it is possible to owe money from the bank that deals with 15% interest every year - for example -. Thus, he can strive with the capital of debt money, and generate profits that are greater than the interest / usury set, for example, the profit is 50% every year. In this way, it means that he succeeded in obtaining the results of the receivables in the amount of 35%, which is the remaining profit minus the interest set, as in the case exemplified, or is usury still not allowed in any way?

Answer:

First: Riba is prohibited under any circumstances and in any form. Forbidden from the giver of the receivable and also for the person who owes it by giving interest, both the debtor are the poor or the rich. Each of them bears sin, even both are condemned (cursed). And everyone who helped both of them, from the author, the witness was also condemned. Based on the generality of verses and authentic hadiths that forbid usury. Allah Ta'ala said,

الذين يأكلون الربا لا يقومون إلا كما يقوم الذي يتخبطه الشيطان من المس ذلك بأنهم قالوا إنما البيع مثل الربا وأحل الله البيع وحرم الربا فمن جاءه موعظة من ربه فانتهى فله ما سلف وأمره إلى الله ومن عاد فأولئك أصحاب النار هم فيها خالدون. يَمْحَقُ اللّهُ الْرِّبَا وَيُرْبِي الصَّدَقَاتِ وَاللّهُ لاَ يُحِبُّ كُلَّ كَفَّارٍ أَثِيمٍ البقرة: 275-276

"People who eat (take) usury cannot stand but like the establishment of people who are possessed by satan due to (pressure) insanity. Their situation is because they say (arguing), actually buying and selling is the same as usury. Those who have received the prohibition from the Rabb, then continue to stop (from taking usury), then for him what he has taken before (before the prohibition comes); and his business (up to God). The person who repeats (takes usury), then that person is the inhabitants of hell; they abide therein. Allah destroys usury and multiplies alms. And Allah does not like every person who always acts in disbelief / rebellion, and always sins. "(Surat al-Baqarah: 275-276).

Friends of Ubadah bin Shamit radhiallahu ‘anhu narrated from the Prophet sallallaahu‘ alaihi wa sallam said,

الذهب بالذهب والفضة بالفضة والبر بالشعير والتمر بالتمر والملح بالملح مثلا بمثل ، سواء بسواء ، يدا بيد ، فمن زاد أو استزاد فقد أربى. رواه مسلم

"Gold is sold with gold, silver is sold with silver, wheat is sold with wheat, sya'ir (one type of wheat) is sold with sya'ir, dates are sold with dates, and salt is sold with salt, (the dose) must be the same and cash. Whoever adds or requests extra, he has done usury. "(Narrated by Muslims in his book as-Shahih).

Friends of Abu Sa'id al-Khudri radhiallahu ‘anhu said that the Prophet sallallaahu‘ alaihi wa sallam said,

لا تبيعوا الذهب بالذهب إلا مثلا بمثل, ولا تشفوا بعضها على بعض, ولا تبيعوا الورق بالورق إلا مثلا بمثل, ولا تشفوا بعضها على بعض, ولا تبيعوا منها غائبا بناجز. رواه البخاري ومسلم

"Thou shalt not sell gold in exchange for gold but with the same, and do not exaggerate some of it above others. Thou shalt not sell silver in exchange for silver but it is the same, and thou shalt not exaggerate some of it above the others. And thou shalt not sell some of it which is delivered with cash exchanged with others which are not delivered in cash. ”(Narrated by al-Bukhary and Muslim).

Imam Ahmad and al-Bukhary narrated, that the Prophet sallallaahu ‘alaihi wa sallam said,

الذهب بالذهب والفضة بالفضة والبر بالبر والشعير بالشعير والتمر بالتمر والملح بالملح مثلا بمثل, سواء بسواء, يدا بيد, فمن زاد أو استزاد فقد أربى, الآخذ والمعطي فيه سواء. رواه مسلم

"Gold is sold with gold, silver is sold with silver, wheat is sold with wheat, sya'ir (one type of wheat) is sold with sya'ir, dates are sold with dates, and salt sold with salt, must be the same and equal and cash. "Whoever adds or asks for additions, then he has done usury, the collector and the one who gave it in this case is the same." (Narrated by Muslim).

And still from Jabir ibn Abdillah's best friend radhiallahu ‘anhu that he said,

لعن رسول الله صلّى الله عليه وسلّم آكل الربا وموكله وكاهبيه ، وقال: (هم سواء). رواه مسلم

"The Prophet sallallaahu‘ alaihi wa sallam has cured usury eaters (loan sharks), people who give / pay usury (customers), their writers (secretaries), and also two witnesses. And he also said, "They are the same in terms of sins." (Narrated by Muslim).

And the banknotes that are valid in this day and age are the same as gold and silver which function as a means of buying and selling, therefore the law is the same as the law of gold and silver. For this reason, every Muslim should be able to fulfill himself with things that are lawful and keep him away from everything that is forbidden by Allah za Almighty Allah. And God really has given spaciousness to Muslims in terms of work in this world to earn money. Thus, it is possible for people who are indigent to work as laborers or business people by using other people's capital with a mudaraba system with an agreement for profit sharing, for example fifty-fifty or for example profit, and not from capital, nor with the amount / certain nominal money from profit. And whoever is unable to try even though he is destitute, it is lawful for him to beg, receive zakat, and also social security.

Second: It is not permissible for a Muslim, whether rich or destitute to owe money to a bank or other interest of 5% or 15% or more or less. Because it is usury, and includes a big sin. And Allah has provided for him by walking to earn a halal fortune as mentioned above, either becoming a laborer in the place of a person who has a job or registering as a civil servant in a legal position, or trading with other people's capital with a mudharabah system. results in a certain percentage, as explained above.

Wabillahit taufiq, and hopefully the prayer and salutation will always be bestowed on the Prophet Muhammad, his family and friends. "Source: Majmu 'Fatawa al-Lajnah ad-Da'imah 13 / 268-271, fatwa no. 3630