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Fiqh al-Qard — Islamic Loan Law: The Pure Loan, the Prohibition on Benefit, and the Virtue of the Lender

فِقهُ القَرض — قَانُونُ القَرضِ الإِسلَامِيّ: القَرضُ الخَالِص وَتَحرِيمُ الفَائِدَة وَفَضِيلَةُ المُقرِض
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Fiqh al-Qard (فِقهُ القَرض — Jurisprudence of the Loan; *qard* — a cut-off portion of wealth given temporarily to another) is the Islamic law of gratuitous loans. A qard is a contract where ownership of fungible goods (money, grain, etc.) transfers temporarily to the borrower, who returns an equivalent — not the same physical items — at a later date. The defining rule: *kull qard jarra manfa'atan fa-huwa riba* — 'every loan that draws a benefit is riba.' The lender may not receive more than the equivalent back. Conditional return of more violates this rule; voluntary gifts after repayment, by convention, are permitted. *Qard hasan* (goodly loan) is called so because it is pure benevolence — the lender sacrifices the use of their capital for a stated term with no return.

The Defining Rule

The key rule of qard: the lender may not stipulate any benefit as a condition. Benefits covered by this prohibition:

What is permitted: voluntary gifts after repayment, not as a condition, not mentioned at the time of the loan. The Prophet repaid debts with something extra and said: “The best of you are those who are best in repayment.”


The Virtue of Lending

The hadith tradition ranks qard highly:


Conditions for Valid Qard

  1. Fungible goods (mithliyyat): money, grain, oil — things repaid in kind, not the same items
  2. Certain amount: must be specified
  3. Transfer of ownership: the borrower becomes owner and may use the goods freely; the lender cannot reclaim the same physical items
  4. No stipulated benefit to the lender
  5. Term: may be specified (though Hanafi school says the borrower may repay early)

Qard Hasan in Islamic Finance

Contemporary Islamic banking uses qard hasan for:

The Dawoodi Bohra community historically operated informal qard hasan networks through the Dawat institution.

See also: Fiqh Al Mudarabah, Fiqh Al Musharakah, Fiqh Al Dayn, Fiqh Al Rahn, Fiqh Al Hibah, Waqf

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