Saturday, 30 January 2021

The second stage of the Qur'anic prohibition of riba - Merchant of Venice




THE SECOND STAGE OF THE QUR’ANIC PROHIBITION OF RIBA

The second stage in the process of revelation dealing with riba was promulgated in a verse of the Qur’an located in Surah Aal 'Imran (Ch. 3) and revealed shortly after the battle of uhud (3 H). It continued the process of education by expanding the treatment of the subject through directing attention to one of the glaring injustices which occurs in riba;

Oh you who believe, do not gorge yourselves on riba, doubling and redoubling (the sum lent), but fear Allah that you may be successful. Fear the fire which is prepared for those who reject faith. And obey Allah and the Messenger that you may obtain mercy.
(Qur’an: Aal 'Imran: - 3:130)

It is manifestly immoral and a grave act of economic injustice indeed a form of extortion that a debtor should have to pay in interest two, three and more times the sum borrowed, in order to liquidate a debt. The Qur’an therefore pointed to the grave injustice which as inflicted on the borrower through the usurious loan or riba.

But the second stage of the process of dealing with riba was also achieved in this revelation since it promulgated legislation. The law now prohibited riba transactions. If anyone were to control a riba transaction after this verse had been revealed, it would have no legal validity.

It is of crucial importance for us to note that, while legislation was promulgated prohibiting riba, there was no retroactive enforcement of the prohibition. Thus all riba loans which were contracted before the legislation prohibiting riba was revealed, still remained legally valid. The debtor still had to pay the interest. It was only that loan which was contracted after the prohibition of riba was revealed and which required the debtor to repay the loan with interest which was now invalid.

The reason for this reluctance to enforce the legislation retroactively appears to be located in the tremendous disruption in the economic life of the society which such a policy would produce. The forces of oppression would greedily exploit such a situation to advantage to seek to turn public opinion against the prohibition. Secondly, it appears that the elimination of riba from an economy cannot be effected solely on the basis of legislation. There must also be a concomitant spiritual revolution which would bring public opinion to bear in support of the goal.

It was for this reason perhaps, that the second stage of the Qur’anic process of eliminating riba lasted for some six years. During this period as we just noted, old riba loans were still legally valid. It was new loans which would be invalid. The strategy at this stage was to put moral and spiritual pressure to bear on those who still demanded their riba. The objective was to penetrate their hearts and conscience, arouse their humanity and persuade them to voluntarily give up their demand of riba.

It is truly an amazing thing to behold that William Shakespeare, in his famous play Merchant of Venice, accurately penetrated the very substance of this, the second stage of the divine method of attacking and eradicating Shylock, the Jewish money-lender, had become quite wealthy in Venice while practicing his profession of lending money on interest. The borrower usually had to pledge a bond (i.e. some item of his which was of greater value than the sum being borrowed) and Shylock would often get wind-falls in profits from forfeiting bonds for loans which had gone into default.

His nemesis was a Christian merchant named Antonio who would rail against him publicly in the market denouncing him for practicing a profession which God had prohibited namely, lending money on interest.

Antonio was one day forced to approach Shylock for a loan so that he could help a friend who was in desperate need. Shylock saw his chance to get even with his tormentor, Antonio. He entered into a contract to lend a sum of money on the condition that it be repaid within a specific period of time. He waived the requirement of interest on the loan. The loan however, was unsecured. All of Antonio's wealth was on trading ships at sea. The borrower therefore had no property which could be secured as collateral. Shylock saw his chance and suggested that the loan be secured with a pound of the borrower's flesh which was nearest to the heart. Antonio thought that it was a joke and agreed. The contract therefore stipulated that in the event the loan went into default Shylock was entitled to take that pound of Antonio's flesh.

Antonio received news sometime later, that his ships were all lost at sea. When the loan went into default, Shylock went to court and demanded his pound of flesh. The Jewish money-lender could not allow such a loan to go into default and not seize the opportunity of exacting some retributive as well as deterrent punishment on a borrower who had persistently obstructed him in his chosen profession. Antonio now realized to his great surprise and dismay that the Jewish money-lender was not joking. He really wanted his pound of flesh.

Shakespeare appointed a defense attorney Portia, who pleaded with Shylock with the greatest ethical eloquence, attempting to invoke his humanity and urging him to show kindness, compassion and sympathy. Shylock was of course, legally entitled to the riba which Shakespeare, in a magnificent demonstration of his understanding of the subject, symbolized with a pound of human flesh. But Portia argued that the pursuit of that legal demand was creating a moral and spiritual stench.

Portia’s eloquent appeal to higher values was quite similar in nature to the second stage in the process through which the Qur’anic revelation addressed the subject of riba. It was as though Shakespeare himself (or whoever may have been the true author of the play) studied the subject in the Qur’an and had grasped the essential guidance.

Portia first established that the loan was in default and that the contract now permitted Shylock to take a pound of flesh. She then pleaded with Shylock to show mercy. She drew his attention to the fact that friends of Antonio were prepared to pay him up to twenty times the principal sum lent. Despite Portia’s eloquent pleas Shylock did not yield from his demand for the pound of flesh. Shylock's heart was as hard as stone. The Qur’an described precisely that condition in the hearts of Jewish people;

Thenceforth your hearts hardened: they became like a rock and even worse in hardness. For among rocks there are some from which rivers gush forth; others there are which when split asunder send forth water; and others which sink for fear of Allah. And Allah is not unmindful of what you do.
(Qur’an; al-Baqarah:- 2:74)

Shylock had lost his humanity; lost consciousness of his true nature. It was as though Satan had driven him to a kind of madness by his touch! The Qur’an speaks of precisely such a state:

Those who consume riba will not stand (i.e. behave) except as stands (or behaves) he who has been driven to madness by the touch of Satan.
(Qur’an: al-Baqarah 2:275)

Portia, the judges delivered her judgement in the case and declared that Shylock was entitled to his pound of flesh. She invited Shylock to take his pound of flesh nearest to the heart of the debtor as stipulated in the contract. As the greedy heartless Shylock moved foreword to cut with his sharp knife, Portia suddenly warned him that while the contract did entitle him to a pound of fleshy it said nothing about spilling blood. If Shylock were to spill a single drop of Christian blood then, as a Jew, all his property would be forfeited by the State of Venice. Portia also drew to his attention that he was entitled to just one pound of flesh, - not an ounce more nor less. If Shylock failed to take that exact amount in weight then the law would require his execution with half of his property confiscated by the State and half given to the defendant in the case.

Shylock beat a hasty retreat and decided to accept the repayment of the loan on the terms which had been offered. Portia would have none of that. That opportunity had been offered and refused. It was no longer possible to accept that offer.

Shakespeare then placed the Christian Antonio in the position of one who shows mercy, thus sending a message to the Jewish world that they should emulate Christian mercy. Antonio pleaded for Shylock’s life to be spared. He also waived his right to half of Shylock’s property. But all of this would be on the condition that Shylock become a Christian (and thus renounce riba) and that his daughter (who had eloped with a Christian and had converted to Christianity) would inherit from him. Shylock accepted the conditions.

While Shakespeare could write such a happy ending for the debtor in Merchant of Venice, life itself is quite different today. Shylock and the world of Shylocks, in real life today are in control of the world economy and are constantly carving out their pound of flesh from the dying carcass of gentile humanity. The supreme Shylocks of today are the bankers, of whom Jewish bankers take pride of place, the international Monetary Fund and the World Bank, in which Jewish influence is significant and the governments of the western world which today control the global economy and in which Jews wield significant influence.

Now to return to our subject, the Second stage of the Qur‘anic revelation thus witnessed legislation prohibiting riba. Allah, the Most High, in His wisdom then chose to allow a period of seven years to elapse before He directed the Prophet (s) to promulgate the third and final stage in the process of the eradication of riba. And during those seven years an effort was made, through moral and spiritual persuasion, to get creditors to voluntarily give up ‘interest’ due to them and to thus renounce riba.

Finally, it was during this stage of the process that the Prophet spoke most extensively about the evil of riba and about the many different forms of riba. This subject is dealt within the chapter on the prohibition of riba in the Sunnah

to be continued . . . . 

The Prohibition of Riba (Interest) by Imran Hosein



The Prohibition of Riba (Interest) (Q&A) by Imran Hosein



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