Surah 2. Al-Baqara

323This verse was revealed after the conquest of Makkah, but was inserted here because it also deals with interest. Even before its revelation, interest was regarded as a hateful thing though it had not yet been legally forbidden. But after its revelation, money-lending on interest became a criminal offence in the Islamic State. Those clans who carried on this business in Arabia, were duly warned to give it up for otherwise a war would be declared against them. When the Christians of Najran were granted autonomy within the Islamic State, it was specified in the treaty that if they continued their money-lending business, the treaty would come to an end and there would be a state of war between the parties.

From the concluding portion of this verse, Ibn `Abbas, Hasan Basri, Ibn Sirin and Rubai'-bin-Anas have concluded that the one who takes interest in the Islamic State should be warned to repent of it, and if he does not give it up, he should be put to death. But the other jurists are of the opinion that he should be put in prison and kept there until he undertakes to give up this business.

324This verse empowers an Islamic court of law to compel the creditors to give more time to the debtors for the payment of debts, if they are in such straitened circumstances that they cannot pay back their debts. Under certain circumstances, the court is entitled to write off the debt altogether or a part of it. A Tradition says that a man suffered loss in his business and came heavily under debt. When his case was taken to the Holy Prophet, he made an appeal to the people to help him out of it. Accordingly, the people made monetary contributions, but even then he could not clear all his debts. Then the Holy Prophet addressed the creditors and told them that they would have to be satisfied with whatever was collected for the payment of their debts. The jurists have explained that the house in which a tnan lives, his utensils, clothes and tools of trade can in no case be confiscated.