Usury Jurisprudence (Part 7): Types of Usury (1)

Usury does not always come in the form of overt loan interest. He doesn’t always come with a big sign saying “THIS IS RIBA”. In fact, usury often sneaks in through transactions that appear normal, even seem fair, mutually agreeable, and are considered “just a small difference.” Therefore, understanding usury is not enough to know that “usury is haram.” Among the things that are highly emphasized is recognizing the types of usury, so that caution in muamalah does not stop at just good intentions, but is also appropriate according to the Shari’a.

Broadly speaking, usury is divided into two:

First: Usury mermaid (usury in the form of debt)

The scholars ijma’ regarding the prohibition of all types of usury mermaid. Usury is divided into two types:

– The first type requires additional debt. It’s like someone saying, “I’m lending you one hundred thousand with the condition that you return two hundred thousand to me.” So, this additional return on debt is called usury mermaid.

– The second type requires additional payments when the time for repayment arrives. For example, when someone says, “Pay off your debt now or the nominal (debt) will increase.” This is riba which is known as usury ignorance. (This has been discussed in the Debt and Receivable Jurisprudence article).

Second: Usury spell’ (usury in the form of buying and selling)

usury spell’ (buying and selling) is also divided into two types, namely usury just for fun and usury nasi’ah. From these two types of usury, we will be able to understand the forms of usury in buying and selling transactions.

Usury fadl

Definition usury fadl

Linguistically, just for fun is Az-Ziyadah (increase).

The term is usury just for fun is,

Selling usurious property in exchange for something in kind.

“Selling (or exchanging) one of the ribawi assets for one of its own kind is disproportionate (there are benefits).”

Example: exchanging 10 grams of gold for 12 grams of gold.

This is not permitted and is included in the category of usury, because gold is included in usurious assets. So it is not permissible to exchange 10 grams of gold for 12 grams of gold, and this addition is called usury just for fun.

Also read: Usury and its Meaning

Riba nasi’ah

Definition usury nasi’ah

Linguistically, nasi’ah is a delay.

The term means delaying the handover (catch) on one of two ribawi goods that have something in common ‘illat riba faḍl.

For example: Exchanging one kilogram of wheat for one kilogram of wheat by delaying the handover of one of them. Or exchange one hundred thousand notes for one hundred thousand denominations (for example, exchange for 5 twenty thousand notes) by delaying the handover of one of them. This is included in usury nasi’ah, namely when there is a delay in the delivery of one of the assets or usurious goods.

If usury fadl is more in nominal or quantity of goods, whereas usury nasi’ah due to time delays in handing over usurious goods.

Types of usurious assets

It is explained that there are six usurious assets, namely gold, silver, wheat, sy’ir (a type of wheat), dates, and salt.

From Abu Sa’id Al-Khudri radiyallahu ‘anhu, Prophet sallallaahu ‘alaihi wa sallam said,

Gold with gold, silver with silver, wheat with wheat, barley with barley, dates with dates, salt with salt, the like, go hand in hand. So whoever adds or increases, then the one who takes and the one who gives are both satisfied.

“If gold is sold for gold, silver is sold for silver, wheat is sold for wheat, sya’ir (a type of wheat) is sold for sya’ir, dates are sold for dates, and salt is sold for salt, then the amount (measure or weight) must be the same and paid in cash (cash). Whoever adds or asks for more, then he has committed usury. Both those who take excess and those who give, both sin.” (HR. Muslim no. 1584)

And in the hadith ‘Ubadah bin Syamits May god bless you, Prophet sallallaahu ‘alaihi wa sallam said,

Gold with gold, silver with silver, wheat with wheat, barley with barley, dates with dates, salt with salt, the like, the like. Likewise, hand to hand. If these items are different, then sell them as you wish if done in person.

“If gold is sold for gold, silver is sold for silver, wheat is sold for wheat, sya’ir (a type of wheat) is sold for sya’ir, dates are sold for dates, and salt is sold for salt, then the amount (measure or weight) must be the same and paid in cash (cash). If the types of goods are different, then you can exchange them as you like, but it must be done in cash (cash).” (HR. Muslim no. 1587)

Ibn Qudamah God bless said,

Usury is proven in these objects according to the text and consensus.

“Then the goods (treasures) that are explicitly mentioned, usury is determined on them based on texts (dalil) and consensus.”

From the hadith of ‘Ubadah bin Syamith May Allah bless him and grant him peaceIt can be concluded that there may be additional items if the type is different, but they still have to be in cash. So it is permissible to exchange gold and silver in different amounts, but still on cash terms (immediate handover).

It can be concluded from the ‘Ubadah hadith above that these types of goods can fall into the category of usury in three circumstances:

First: Selling one type of ribawi property of the same type, for example gold with gold or silver with silver, is not the same (there is a profit).

Second: Selling two different types of ribawi goods, such as gold and silver, dates and wheat, but one of them is handed over in cash and the other is postponed.

Like the hadith of the Prophet sallallaahu ‘alaihi wa sallam,

Gold on paper is usury, except Ha and Ha.

“Gold and silver are usury unless they are handed over in cash (direct delivery).” (Muttafaqun ‘alaih)

And also the prohibition from the Prophet sallallaahu ‘alaihi wa sallam selling one type of usurious object in cash with another in cash, with the words:

Don’t sell it as a gift.

“‘Do not sell from it what is cash for what is not cash.'”

Third: selling the same type in the same condition (measures or scales), but one of them is not present (not handed over in cash), such as selling gold with gold in the same and equivalent condition, but one of them is postponed. This also includes usury.

The rules of jurisprudence in this case are:

“If the two ribawi goods are of the same type, then it is haram for additional and non-cash transactions in the transaction. However, if they are of different types, then it is permissible to add additional items while still making cash transactions.”

God bless.

[Bersambung]

BACK TO PART 6

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Depok, 1 Sha’ban 1447/ 20 January 2026

Writer: Muhammad Zia Abdurrofi

Article Muslim.or.id

Footnote:

This discussion is summarized and extracted from several references, including: Fiqhul Mu’āmalāt al-Māliyah al-Muyassar, the work of Dr. ‘Abdurrahman bin Hamud (p. 137); Al-Mukhtashar fi al-Mu’āmalāt, the work of Prof. Dr. Khalid bin ‘Ali al-Musyayīqih (p. 63); as well as At-Tarhib min ar-Ribā, by Muhammad bin Sa’id Ruslan (ex. 53–55).

Reference:

Abdurrahman bin Hamud. Fiqhul Mu’āmalāt al-Māliyah al-Muyassar. Paint. 3rd. Kuwait: Maktabah Imam adz-Dzahabi, 2018/ 1440 H.

Al-Musyayīqih, Khalid bin ‘Ali. Al-Mukhtashar fi al-Mu’āmalāt. Cet. 2nd. Riyadh: Maktabah ar-Rusyd, 2013/ 1434 H.

Ruslan, Muhammad bin Sa’id. At-Tarhib min ar-Ribā. Cet. 2nd. Egypt: Dar Adhwa as-Salaf, 2010/ 1431 AH.


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