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Saturday, 13 March 2021

Murabaha (to sell at a profit)




MURABAHA (TO SELL AT A PROFIT)

Islamic banks around the world are attempting to by-pass riba through a process of devilish financial engineering. Most of the alternatives to riba which they offer the gullible Muslim public are nothing more than scarcely disguised forms of riba. For example, they utilize 4 financial mechanism which they erroneously define as murabaha. The bank would purchase an article for cash and then sell it for credit at a higher price than that for which it was bought. The bank argues that since there is agreement on the new price between buyer and seller the transaction is halal.

If the bank were to purchase a car for $15.000 cash, and then proceed to sell that very ear for $25,000 cash in the same market in which it was purchased, the transaction would be of doubtful validity since the market price would be manifestly violated. Indeed, why would anyone pay $25,000 cash for a car when the market price is $15,000? If the buyer was unaware that the market price was $15,000, and the seller exploited the buyer's ignorance, the transaction would constitute riba since it would be a form of deception.

Anas ibn Malik said that the Messenger of Allah said: Deceiving a mustarsal (someone who is unaware of market prices) is riba.
(Bayhaqi)

If the buyer purchased the car for $25,000 despite the fact that he was aware of the market price, it would indicate the presence of some improper hidden element to the transaction. He could, for example, be mentally unbalanced. That would invalidate the transaction!

If on the other hand, the bank were to buy the car for $15,000 cash in one market, and then proceed to sell it, in the same market, for $25,000 on credit, there would be no other justification for the increase in price other than the factor of time (i.e. credit). Such a transaction would be one in which money would increase in consideration of time, - or money breeds money over time! It would be no different front riba al-nasi'ah in the time of the Prophet (s). In fact, it would be pure riba!

Those misguided Muslims who obstinately cling to this false murabaha should fear Allah the Most High, and stop misguiding Muslims. They should fear the double punishment which awaits those who misguide others:

These, Lord, are the men who led us astray. Let their punishment be doubled in the Fire.
(Qur’an. -7:38)

The argument that such a transaction does not constitute riba because there is an element of risk in it is entirely spurious and without any substance whatsoever. The party which is selling on the basis of credit usually endeavors to eliminate risk as much as is possible. And so such a transaction usually requires a mortgage through which the seller would recover the money owed to him in the event that the buyer defaults in fulfilling his obligations under the credit contract.

When the Islamic Movement assumes power in Pakistan, for example, it will not only immediately prohibit the lending of money on interest, but will block all avenues through which money is invested in risk-free investments and in investments in which the increase in capital is derived without any effort on the part of the owner of the capital.

3 - Having someone artificially bid up the price in an auction, thus corrupting the free and fair market; this is a form of riba known as gharar;

From Abdullah ibn Abi Awfa: The Prophet said: A najish (one who serves as an agent to bid up the price in an auction) is a cursed taker of riba.
(Bukhari)

4 - Employing deception (gharar) as a marketing technique, thus compromising the free market;

Abdullah bin Abu Aufa said: A man displayed some goods in the market and look a false oath that he had been offered so much for them though he was not offered that amount. Then the following divine verse was revealed: Verily! Those who purchase a little gain at the cost of Allah’s covenant and their oaths... will get painful punishment. (3:77) Ibn Abu Aufa added: Such a person (as described above) is a treacherous consumer of riba.
(Bukhari)

Anas ibn Malik said that the Messenger of Allah said: Deceiving a mustarsal (someone who is unaware of market prices) is riba.
(Bayhaqi)

Abu Hurairah reported that the Messenger of Allah once came upon a heap of grain, and when he put his hand into it his fingers felt some dampness, so he asked the owner of the grain how that came about. On being told that rain had fallen on it he said: Why did you not put the damp part on the top of the grain so that people might see it? He who deceives has nothing to do with me.
(Muslim)

Wathila b. al-Asqa said that he heard Allah's Messenger say: If anyone sells a defective article without drying attention to it, he will remain under Allah’s anger or, the angels would continue to curse him.
(Ibn Majah)

The reader would easily recognize deception and theft in the replacement of real money by artificial money all over the world today. In real money the value of the money is intrinsic in the money itself. Such would be the case of gold coins, for example, when real money is replaced by artificial paper money then the value of the paper money (even when it is the US dollar) keeps on being diminished. And so people are deprived of their wealth by deception. That is riba! (See Qur'an:- 7:85 11:85 26:183)

The cancer of deception in trade did not exist in Dar al-Islam. The markets of the Ottoman Islamic Empire, for example, were policed by specially appointed market police officers said magistrates who were constantly on hand to adjudicate cases of deception or fraud in business transactions arid to deliver appropriate on-the-spot punishment. That free and fair market will be restored to the world of Islam Insha Allah, if and when the Islamic movement succeeds in the revolutionary struggle to restore dar al-Islam.

5 - Hoarding in order to capitalize on the resultant artificially created scarcity in the market and thus compromising the free market;

Ma’mar reported Allah's Messenger as saying: If anyone keeps goods till the price rises, he is a sinner.
(Muslim)

Umar reported the Prophet as spying: He who brings goods for sale is blessed with good fortune, but he who keeps them till the prices rise is accursed.
(ibn Majah, Darimi)

Ibn Umar reported Allah's Messenger as saying: If anyone withholds grain for forty days thereby desiring a higher price, he has renounced Allah and Allah has renounced him.
(Razin)
Hoarding results in profit which is unjust. That is riba.

6 - A monopoly is usually understood as control over the market in such ways as would result in freedom to fix prices. Such a situation would result in prices being fixed in accordance with the plan of the monopolists rather than the free market. As such. it is similar so hoarding. Wealth is sucked from the masses by deception. That is riba. If the plan of the arch-enemy was simply to rip us off of our wealth that would have been bad enough. His plan is worse than that. The plan of the enemy is to derive power from monopoly of the market. That power is then used to institutionalize such oppression as amounts to the enslavement of all mankind and in particular, the ummah of the Prophet Muhammad (s).

7 - A sale on the condition of deferred payment but with an increase in price. The debt is then sold to a third party for cash at a price which allows both parties to share in the increase realized through deferred payment;

8 - Speculative transactions. These are transactions in which one buys goods or stocks etc., anticipating that the price would rise. When it does, one then sells and makes a killing. Alternatively one may sell goods, stocks etc., anticipating that the price would fall.

When it does, one then buys back and makes a killing! Such profit is unjust. There is no effort or labor involved. It is, in effect, gambling.
 
But the predatory elite of financial crooks, who become masters of the market of speculative transactions, effect their transactions on the basis of insider information. i.e. one gets secret information that there will soon be a rise or a fall in price and one then takes advantage of that information to buy or sell and reap a wind-fall profit. This would now be more than a speculative transaction. It would also be such a deception in trade as would be easily recognized to be fraudulent. Speculative transactions are haram because they are just a sophisticated form of gambling. There is no productive effort involved in a speculative transaction. It is amazing that today’s capitalist world economy is currently witnessing a phenomenon in which some sixty percent of all financial transfers are for speculative transactions. In other words the majority of the capital in the world economy is being gambled in a mad frenzy in search of profits. Even Muslims are also in the gambling disease.

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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