Taking Loans on Interest Is Not Ḥalāl – Refutation with Sharʿī Evidences
Source: Fatāwā ʿIlmiyyah (Tawḍīḥ al-Aḥkām), Vol. 2, p. 215
A questioner asked Mufti Muḥammad Rafīʿ:
“In our country, any business requires taking a loan from the bank on interest. Is paying interest also prohibited in Islam just like receiving interest?”
Mufti Muḥammad Rafīʿ replied (Māhnāmah Ishrāq, Lahore, April 2007):
“Taking a loan on interest from banks is permissible. There is no Sharʿī objection to it. Sharīʿah has prohibited consuming interest, i.e., receiving it, not paying it. In ḥadīth, the ‘one who feeds interest’ is declared a criminal like the one who takes it. Some scholars have said that the one who pays interest is the ‘feeder of interest,’ but this is incorrect. The feeder is actually the agent who brings clients to the interest-taker, represents him, and runs his interest system.”
It is surprising that:
✿ The one who brings clients for the interest-taker and helps run the system is considered sinful,
✿ But the one who directly takes a loan on interest (i.e., the interest-taker himself) is being declared “permissible” — which is incomprehensible.
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
Mufti Muḥammad Rafīʿ’s statement — “Sharīʿah has prohibited only taking interest, not paying it” — is Sharʿī incorrect.
The Prophet ﷺ said:
«لعن الله آكل الربا و موكله و شاهده و كاتبه»
“Allah has cursed the one who consumes interest, the one who gives it, its witnesses, and the one who records it.”
(Musnad Aḥmad, Vol. 1, p. 393, Ḥadīth 3725 – chain is ṣaḥīḥ)
This narration is authentic in both text and chain. The criticism on Samāk ibn Ḥarb in this chain is invalid.
“The Messenger of Allāh ﷺ cursed both the one who takes interest and the one who gives it.”
(Muslim: 1597, Dārussalām: 4092)
“The Messenger of Allāh ﷺ cursed the one who takes interest, the one who gives it, the one who writes the contract, and the witnesses — and said: They are all equal (in sin).”
(Muslim: 1598, Dārussalām: 4093)
“The Prophet ﷺ cursed the one who takes interest and the one who gives it.”
(Bukhārī: 5347)
Note:
In Ṣaḥīḥ al-Bukhārī and Ṣaḥīḥ Muslim, all muʿanʿan narrations of mudallis narrators are accepted on the basis of proof of hearing or corroborating chains; hence, any criticism based on tadlīs in these books is invalid.
From the above authentic evidences, it is clear that:
◈ The one who takes interest,
◈ The one who gives interest,
◈ The one who records the contract,
◈ And the witnesses —
All are equally cursed by Allah and equally sinful.
Thus:
➊ Taking loans on interest from banks is ḥarām and prohibited in Sharīʿah.
➋ It carries severe Sharʿī condemnation, as such actions have been explicitly declared forbidden.
➌ Therefore, Mufti Muḥammad Rafīʿ’s fatwā is incorrect and invalid.
ھذا ما عندي والله أعلم بالصواب
Source: Fatāwā ʿIlmiyyah (Tawḍīḥ al-Aḥkām), Vol. 2, p. 215
Question:
A questioner asked Mufti Muḥammad Rafīʿ:
“In our country, any business requires taking a loan from the bank on interest. Is paying interest also prohibited in Islam just like receiving interest?”
Mufti Muḥammad Rafīʿ replied (Māhnāmah Ishrāq, Lahore, April 2007):
“Taking a loan on interest from banks is permissible. There is no Sharʿī objection to it. Sharīʿah has prohibited consuming interest, i.e., receiving it, not paying it. In ḥadīth, the ‘one who feeds interest’ is declared a criminal like the one who takes it. Some scholars have said that the one who pays interest is the ‘feeder of interest,’ but this is incorrect. The feeder is actually the agent who brings clients to the interest-taker, represents him, and runs his interest system.”
Critical Commentary:
It is surprising that:
✿ The one who brings clients for the interest-taker and helps run the system is considered sinful,
✿ But the one who directly takes a loan on interest (i.e., the interest-taker himself) is being declared “permissible” — which is incomprehensible.
Refutation in Light of Evidences:
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
Mufti Muḥammad Rafīʿ’s statement — “Sharīʿah has prohibited only taking interest, not paying it” — is Sharʿī incorrect.
The Prophet ﷺ said:
«لعن الله آكل الربا و موكله و شاهده و كاتبه»
“Allah has cursed the one who consumes interest, the one who gives it, its witnesses, and the one who records it.”
(Musnad Aḥmad, Vol. 1, p. 393, Ḥadīth 3725 – chain is ṣaḥīḥ)
This narration is authentic in both text and chain. The criticism on Samāk ibn Ḥarb in this chain is invalid.
Other Authentic Aḥādīth:
- Ṣaḥīḥ Muslim – ʿAbdullāh ibn Masʿūd رضي الله عنه:
“The Messenger of Allāh ﷺ cursed both the one who takes interest and the one who gives it.”
(Muslim: 1597, Dārussalām: 4092)
- Ṣaḥīḥ Muslim – Jābir رضي الله عنه:
“The Messenger of Allāh ﷺ cursed the one who takes interest, the one who gives it, the one who writes the contract, and the witnesses — and said: They are all equal (in sin).”
(Muslim: 1598, Dārussalām: 4093)
- Ṣaḥīḥ al-Bukhārī – Abū Juḥayfah رضي الله عنه:
“The Prophet ﷺ cursed the one who takes interest and the one who gives it.”
(Bukhārī: 5347)
Note:
In Ṣaḥīḥ al-Bukhārī and Ṣaḥīḥ Muslim, all muʿanʿan narrations of mudallis narrators are accepted on the basis of proof of hearing or corroborating chains; hence, any criticism based on tadlīs in these books is invalid.
Sharʿī Ruling:
From the above authentic evidences, it is clear that:
◈ The one who takes interest,
◈ The one who gives interest,
◈ The one who records the contract,
◈ And the witnesses —
All are equally cursed by Allah and equally sinful.
Thus:
➊ Taking loans on interest from banks is ḥarām and prohibited in Sharīʿah.
➋ It carries severe Sharʿī condemnation, as such actions have been explicitly declared forbidden.
➌ Therefore, Mufti Muḥammad Rafīʿ’s fatwā is incorrect and invalid.
ھذا ما عندي والله أعلم بالصواب
