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Difference between Riba and Sale

1.    A person sells a motor vehicle, fairly valued at R 100 000 for a price of R 200 000. The vehicle itself ( as the object of the sale) is exchanged as consideration for the price of R 200 000 based on the mutual consent of the contracting parties. In this situation, the sale is halal because it is in exchange of the asset per se, and is therefore not without reciprocal consideration فلم يكن أخذ من صاحبه شيئا بغير عوض
 

2.    On the other hand, if a person sells R 100 000 in exchange for R200 000, payable over an agreed future period, the seller takes the additional R 100 000 without the exchange of any reciprocal consideration. We cannot say that the consideration for the additional R 100 000 is the granting of credit over the deferred period, because the pure time period deferment is not regarded as property in the Shariah.

لان الإمهال فى مدة الأجل ليس مالا

3.    The Holy Quran accordingly states: “ Allah has permitted sale and prohibited Riba “ : Surah Al- Baqarah: Verse 275)
See Tafseer Al- Kabir ( Razi) and Tafseer Al- Khazen: commentary to verse 275 of Surah Al- Baqarah


MS Omar


27 October 2024

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I personally know the honourable Shaykh Mahomed Shoaib Omar for over thirty years. I found him to be an ardent seeker of knowledge, quick of mind &  constantly devoted to the study of the books of fiqh &  has written himself a number of papers. He has been amongst the foremost participants in drafting the Muslim Personal Law for S.Africa, so that it may be enforced there; and the majority of local Ulama have endorsed this.

~ Mufti Taqi Uthmani

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