To: Zardoz who wrote (58518 ) 10/3/2000 4:06:26 PM From: long-gone Read Replies (1) | Respond to of 116801 Business Recorder Riba case adjourned for Monday: Supreme Court judges question scholar on various aspects of lending RECORDER REPORT ..........ISLAMABAD (February 27) : After two hours' hearing, the five-member Shariah Appellate Bench of the Supreme Court adjourned the hearing of government appeal about Riba (usury) to Monday when a religious scholar and economist will resume his arguments against interest-based banking and economic system. ..........Dr Syed Tahir Shah, Head of the Economics Department of the International Islamic University, was through his submissions and questioning by the judges on the second day when the court rose for the day early because of the Friday. ..........When it re-assembles on Monday, Dr Tahir will clarify the points raised by some members of the Bench regarding difference between usury and interest and also whether it was a certain amount or quantity that was advanced as loan at one time or its equivalent for purchasing, and which of the two was to be returned at the expiry of agreed period. ..........The Bench, headed by Justice Khalil-ur-Rahman Khan, has on it Justices Muneer A. Sheikh, Wajihuddin Ahmed, Maulana Dr Taqi Usmani and Maulana Dr Mahmood A. Ghazi. ..........Dr Tahir, who is assisted by a team of researchers, also placed on the record of the Court an eight-page summary of a report on 'Islamisation of the Financial System' prepared by a special workshop of the International Institute of Islamic Economics. ..........While almost all banks are represented at the hearing, individual requests to join the issue have also started pouring in. One such petition was formally moved by a Lahore advocate, Abdul Hafeez Khokar, who wants association with the case as it has "a great bearing on the life order of the Muslims not only in Pakistan but throughout the world". ..........He has also said that for Islamisation of the banking system no separate legislation would be required after the passage of the 15th Amendment empowering the government to legislate for Shariah by a simple majority. ..........Earlier, during the hearing Dr Tahir Shah was intensively questioned by Justices Muneer A. Sheikh and Wajihuddin Ahmed on various aspects of Riba asking him to explain how to compensate the lenders for the depreciation in the value of the money. ..........Justice Wajihuddin Ahmed asked him that in the times of the Prophet (PBUH) there was no paper currency and gold or silver sovereigns were traded for commodities or there was a barter system. This was a check against inflation which had become rapid after the introduction of paper currency. How he proposed to compensate the lenders in such a situation, he was asked. ..........Justice Muneer asked him to explain how to compensate a lender when his capital amount was not paid in time or recovered after litigation costing him enormous amounts. ..........When Tahir expressed the opinion that whatever the expenses are made are guaranteeing a loan or its recovery, in his view under the Shariah, a lender was only entitled to the exact amount he had advanced, Justice Usmani disagreed with him, saying that at least the debtor was responsible for the money spent on the stamp duty etc and registration of the loan agreement. In the other case, the Judge who represents religious scholars on the Bench, said a lender would not advance the money. ..........Dr Tahir agreed with the bench that most of the rulings of the Prophet on Riba (usury) were about barter deals, saying that the same amount of grain or cloth or any other material involved in the deal concerned had to be returned at the expiry of the loan period. ..........Justice Khalil-ur-Rahman Khan said he also thought that expenses incurred for procuring and securing the loans became part of the capital. He said if someone asks a bank to arrange a certain amount for his industrial or commercial project, the bank should be entitled to add the administrative, advertising and legal costs incurred for arranging the loan, otherwise no one would ever undertake such efforts. ..........Dr Tahir will resume his formulations when the hearing is resumed on Monday. ..........In a general observation, Justice Wajihuddin Ahmed has asked Muslim scholars to examine the practices, during the life-time of the Prophet, with a broader view and not to confine the issues to a "narrow-lane". He said tanks and missiles were not available to the Prophet and his companions during their life time but those are used by the Muslim countries. ..........Similarly, one has to be innovative and apply Prophet's practices and instructions in these times of intense changes. ..........He also gave an example to Dr Tahir that the in time of Hazrat Ali (RA), some one had advanced a Dirham when it was worth a hundred fils (cents) but when it was returned the Dirham had depreciated and its value had risen to 120 fils. The borrower was, therefore, asked to return the new value to the lender. ..........Raja Muhammad Akram appeared for Allied Bank and Muslim Commercial Bank while Hafiz S. A. Rahman represented the Agricultural Development Bank. Deputy Attorney General Anwarul Haq was present as 'an Officer of the Court'. ..........Copyright 1999 Business Recorder (www.brecorder.com) brecorder.com