Islamic Concept of Lending (Al-'Ariyah/العاریۃ)
Munir Ahmad Mughal
Punjab University Law College; Superior Law College; LIMIT Law College, Lahore
April 3, 2012
Lending in Arabic is called `Ariyat/ عار یَِۃ or `Ariyyat/ 1. عار ی ۃ The Holy Qur’an says: But (they) refuse (to supply even) neighbourly needs. `Ariyyat is a noun feminine. It signifies borrowing of a thing for a few days. The full text and translation of Surah al-Ma`un which is the 107th Chapter of the Holy Qur’an is given below for ready reference:
1. Seest Thou one who denies the Judgment (to come)?
2. Then such is the (man) who repulses the orphan (with harshness),
3. And encourages not the feeding of the indigent.
4. So woe to the worshippers
5. Who are neglectful of their prayers,
6. Those who (want but) to be seen (of men),
7. But refuse (to supply) (Even) neighbourly needs.
In the above seven verses the causes and effects of human behaviour in making and unmaking of human societies have been mentioned. How cultures and civilizations grow and develop and bring welfare in the society and how deterioration and down fall come to them. God has blessed man with many faculties which are all Divine favours unto him and it is the lawful, correct and proper use of such faculties which is their thanks giving. Vision and insight are given to see and judge oneself and the environment in all its forms to the best of one’s capacity. Man is born and he lives on this earth for a certain period of time. This lifespan shows that the death and life both are creations, Imam al-Quduri in his world famous book Mukhtasar al-Quduri says:
العاریۃ جائزة و ھی تملیک المنافع بغیر عوض و
تصح بقولہ اعرتک وا اطعمتک ھذه الارض و
created by a Being other than man in whose control is everything. There is a law which is applicable in all things everywhere. The more the science and technology is advancing the more this truth is lifting its veil. It shows man is responsible and accountable. Accountability speaks of the presence of the One to whom belongs the all and ultimate sovereignty over the whole creation. To accept, believe and obey His injunctions causes taking care of the dignity of mankind and to deny, disbelieve and disobey His injunctions causes disgrace to mankind. Life on this earth passes through multiple aspects which are all interconnected and thus cooperation and coordination in all such spheres brings harmony and comfort. The role in every aspect of life by every member of a society has its impact, positive or negative. Wants and needs are also creations and there is wisdom behind them. A balanced society cannot ignore or by pass the neighbourly needs. Borrowing and lending is thus educative in formation, development and growth of any economy. Regulation of this aspect is therefore equally significant to maintain balance of a healthy society. This paper is an attempt to cover all angles of Lending in legal perspective.
Note: Some of paper in Arabic
Number of Pages in PDF File: 25working papers series
Date posted: April 4, 2012 ; Last revised: June 14, 2012
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