A DIFFERENT APPROACH TO CAUSE (ʿILLA)´ʿARĀYĀ INTEREST (RIBĀ)

This article consists of introduction and three parts. In the introduction, the definition, types, ways of recognition and conditions of the concept of illa, the concept of illa is emphasized after examining the concept of interest. Illa has a lot of meanings, but as a term: partner that ensures equalization of judgment between asl and fer, inclusive meaning or qualification definition that provides equalization between asl and fer is most preferred. Scholars have many conditions with illa. The interest means, that something increases or thrives. As a term it has a special and a general meaning. The specific meaning is in selling and taking debts. Debt interests could be called qur’anic interests. The most common use is in taking credit in every kind of interest or excess. In selling interests there is two categories in six kind of goods which is also meant in a hadith (gold, silver, wheat, barley, dates and salt). In generally interests is in every kind of fāsid (fulfilling the necessary conditions for its formation, a legal act does not observe the conditions of validity) and bāṭil (denotes the act which lacks one of the elements essential for the existence of any legal activity) contracts. There are ijma where interest rate is prohibited in six kinds of goods mentioned in hadith. Surplus interest is also forbidden by the majority. According to the majority, the interest prohibition applies to goods other than these six types with both types. Scholars also adopted different views on the issue of illa, which is the reason for the ban on interest in the goods mentioned in the hadith. In our view, semeniyet constitutes the illa of the interest. Arāyā is the pluralform of ariyya. There is a lot of different definitions but the most valuable one is to change between mourning date and dry dates. Even it is forbidden to change between the mourning and dry dates it is because of the allowed need (arab.ʿarāyā). In the hadith related to six types of goods, the point that causes the date to be included in the interest is that it has the quality of money. The reason for being subject to permit (ruhsat) in the example of Araya is that it is also food.