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Fiqh al-Riba al-Nasiah — Riba of Delay: The Foundational Prohibition, Why Charging Extra for Deferring a Loan Repayment Is the Original Riba, and How 2:275-279 Defines the Transaction That Must Be Avoided

فِقهُ الرِّبَا النَّسِيئَة — رِبَا النَّسِيئَة: التَّحرِيمُ الأَصلِيُّ وَلِمَاذَا أَخذُ الزِّيَادَةِ مُقَابِلَ تَأجِيلِ سَدَادِ القَرضِ هُوَ الرِّبَا الأَصلِيُّ وَكَيفَ يُحَدِّدُ 2:275-279 المُعَامَلَةَ الوَاجِبُ اجتِنَابُهَا
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Fiqh al-Riba al-Nasiah (فِقهُ الرِّبَا النَّسِيئَة — Jurisprudence of Riba of Delay/Deferral; *nasiah* = deferral, delay, postponement [from *n-s-a': to delay]; the pre-Islamic Arabian practice: a creditor would say to a debtor at the due date: 'Pay now or double' [*imma an tuqdi, wa imma an turbi*]; the debtor unable to pay would agree to pay double at a further date — compounding; the Quran's prohibition: 'Those who devour riba will not stand except as one beaten by Satan' [2:275]; 'God permits trade [bay'] and prohibits riba' [2:275]; the distinction between trade and riba: in trade, price is fixed at contract and payment is exchanged for goods — risk is taken; in riba al-nasiah, money is exchanged for more money at a future date — the creditor takes no commercial risk, only time-risk; 2:279: 'If you repent, then you shall have your principal [ra's al-mal] — neither wronging nor being wronged'; the Prophet's Farewell Sermon: 'Every riba of the Jahiliyya is abolished — the first riba I abolish is the riba of al-Abbas ibn Abd al-Muttalib'; two types: [1] riba al-fadl [riba of excess, in ribawi commodity spot exchanges]; [2] riba al-nasiah [riba of delay, in loan and deferred contracts] — riba al-nasiah is the more fundamental prohibition; the Hanbali/Hanafi position: all conventional banking interest on loans is riba al-nasiah; the modernist challenge to this position was largely rejected by the OIC Fiqh Academy in 1985-1986) remains the foundational transaction that Islamic finance exists to replace.

The Original Transaction

Pre-Islamic Arabia’s credit market operated on a simple principle: if you cannot pay at the due date, you can extend — but the debt doubles. This spiral of doubling was the original target of the Quranic prohibition. The Quran called it “devouring riba” — absorbing wealth that was not earned by genuine economic activity.

The verse “God permits bay’ and prohibits riba” (2:275) draws the precise distinction: bay’ (trade) involves a real exchange — goods change hands, economic activity occurs, risk is taken. Riba al-nasiah involves no real exchange — money changes hands at one date, more money comes back at a later date, and the creditor has borne only time-risk without taking commercial risk.


The Farewell Sermon

At his final pilgrimage, the Prophet explicitly abolished multiple riba obligations that were outstanding: “Every riba of the Jahiliyya is abolished. The first riba I abolish today is the riba of my uncle al-Abbas ibn Abd al-Muttalib.”

Al-Abbas, the Prophet’s uncle, was a creditor with outstanding riba-based debts. The Prophet abolished the excess (the interest), not the principal. This is the practical implementation of 2:279: “You shall have your capital — neither wronging nor being wronged.”


ra’s al-mal: The Principal Is Protected

The Quranic position is not the abolition of credit — it is the return of the system to principal-only. A creditor is entitled to their ra’s al-mal (capital/principal). They are not entitled to any guaranteed increase for the passage of time. This distinction — earned return through risk vs. guaranteed return through time — is the line Islamic finance attempts to maintain.

See also: Fiqh Al Gharar, Fiqh Al Murabaha Al Amr Bil Shira, Fiqh Al Musharaka Al Mutanaqisa, Fiqh Al Mudarabah Al Mutlaqa, Fiqh Al Sarf

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