Search

This article examines the Shāfiʿī school’s position on ribā in contemporary fiat currencies. It analyzes the definition of ribā, the underlying legal rationale for its prohibition (ʿillah), and engages with historical debates on the valuation of currencies and the applicability of ribā laws to non-gold-and-silver currencies (fulūs). By tracing the evolution of currency within Shāfiʿī jurisprudence from the 9th to the 20th century, the article identifies key trends among Shāfiʿī jurists regarding the legal characterization of bonds and paper money in the late 19th and early 20th centuries. The paper argues that the traditional Shāfiʿī exemption of fulūs from ribā laws is not absolute and does not solely depend on the physical attributes of the currency. Historically, Shāfiʿī jurists have emphasized the subjective value of gold and silver, owing to their longstanding roles as primary mediums of exchange. Furthermore, the potential for future currencies to share a similar legal basis for the prohibition of ribā—akin to that of gold and silver—is acknowledged, reflecting the adaptability of Shāfiʿī jurisprudence to evolving economic conditions.

North American Muslims seeking to resolve their private disputes confront multifaceted access to justice issues. Since Islamic marriage and divorce laws do not always align with North American family legislative schemes, Muslims are burdened with trying to simultaneously meet their obligations toward both legal systems. Unlike secular law, Islamic divorce proceedings require either the husband's eventual consent or the availability of a Muslim judge. They also prescribe substantive obligations and rights for divorcees that are comparable to corollary relief provided by family law statutes. The absence of religious quasi-judicial dispute resolutions poses barriers to Muslims obtaining a religious divorce or annulment, and to acquiring subsequent relief, such as financial settlements and custody, in accordance with their religious beliefs. To respond to these overlapping barriers, this paper analyzes forms of Islamic legal authority to grant religious divorce or annulment, and to mediate or arbitrate corollary relief using religious law. The paper concludes with recommendations for a holistic framework to settle family disputes in compliance with Islamic law and in a legally enforceable manner. [ABSTRACT FROM AUTHOR]