beyond riba reconstruction

Beyond Riba: Reconstruction of Just Financial Orde…

The preceding five parts of this series have argued that elimination of riba cannot be achieved by changing the vocabulary of finance. We began with definition, moved to creation of money, separated transaction deposits from investment capital, examined productive finance based on ownership and genuine risk, and then placed Bait-ul-Mal, waqf, zakat and qard hasan within a wider system of social protection.

The final question is no longer conceptual. It is legislative. Pakistan now has a date. The Constitution (Twenty-sixth Amendment) Act, 2024 substituted Article 38(f) with the direction to “eliminate riba completely before the first day of January, two thousand twenty-eight”. The constitutional deadline reinforces the Federal Shariat Court’s 2022 judgment in the Riba cases, reported as PLD 2023 FSC 47. The problem is that a deadline does not itself create a new financial order.

The Finance Division’s Post-2027 Financial System in Pakistan contains useful work on Sukuk, liquidity facilities, legislation, safety nets, technology and capacity building. It nevertheless remains a strategy, not a Prohibition of Riba law.

More importantly, some of its transitional assumptions sit uneasily with the word “completely”. Majority foreign-owned institutions may decide voluntarily whether to convert; conventional obligations contracted before the deadline may continue according to their terms until maturity; and fresh foreign financing is contemplated through Shariah-compliant modes subject to availability of reasonable options.

These concerns are understandable from the perspective of financial stability. They cannot become permanent legal exceptions. Pakistan therefore needs an umbrella Prohibition of Riba Act, enacted well before the constitutional cut-off, accompanied by consequential federal and provincial amendments [Who will draft Riba Prohibition Law? Minute Mirror, April 7, 2026]. Its first task must be the one identified in Part I: define what is prohibited.

The law should distinguish a loan or debt carrying a stipulated increase because of time from lawful consideration arising from genuine sale, lease, service, partnership or productive risk. Courts and regulators should be empowered to examine connected contracts as one economic arrangement. A murabaha, ijarah, musharakah or Sukuk should not become immune from scrutiny merely because recognised Islamic terminology appears in its documents.

The second requirement is a clear cut-off rule. No bank, financial institution, government agency or other regulated person should be permitted to originate a new interest-bearing financial contract in Pakistan after December 31, 2027. The prohibition must be activity-based, not ownership-based.

A transaction cannot change its constitutional character because shareholders of the institution happen to be foreign. This is also the weakness we identified earlier in examining the Government’s strategy paper.

Existing liabilities require different treatment. Pakistan cannot simply repudiate sovereign bonds, multilateral obligations or private contracts. That would replace one problem with default, litigation and financial isolation.

The law should instead require a complete register of every conventional obligation extending beyond the cut-off: principal, return, maturity, governing law, creditor, refinancing possibility and proposed conversion date. Contracts capable of consensual refinancing should be converted. Those that cannot immediately be altered should continue only under a transparent transitional schedule with definite sunset dates, rather than receiving an indefinite exemption merely because they were signed before 2028.

The third issue concerns money itself. Part II argued that commercial-bank money creation is not automatically riba. The power to create purchasing power through credit is nevertheless too important to remain outside reform.

Parliament should require a time-bound examination of sovereign transaction money, reserve arrangements and separation of monetary creation from productive financial intermediation. This question should be decided upon economic evidence and institutional consequences, not theological assertion.

Part III then demonstrated why payment accounts and investment accounts require legal separation. Money held for immediate payment and nominal safety should not be treated as risk capital. Funds deliberately invested for commercial return should carry transparent exposure to the enterprises and assets from which that return arises. Deposit protection against institutional failure must similarly be distinguished from a State guarantee against every commercial investment loss.

The fourth area is productive finance. The law should protect genuine murabaha, ijarah, salam, istisna, musharakah, mudarabah and other permissible arrangements while prescribing minimum standards of ownership, possession, disclosure and risk. Shariah audit should examine economic substance rather than merely documentation.

Taxation must also become neutral. Equity participation, leasing and genuine asset transactions should not suffer additional fiscal costs merely because legislation was historically designed around conventional debt. Public finance cannot remain outside this discipline.

Government should not treat Sukuk merely as a technique for reproducing conventional borrowing against whatever public assets can be placed in a registry. The official strategy itself proposes an Assets Registry Company and expanded hybrid Sukuk issuance. Sovereign instruments must confer genuine economic rights and corresponding responsibilities rather than provide documentary assets solely to support a predetermined financial return.

Fiscal reform is inseparable from elimination of riba. No monetary arrangement can remain sound where governments continuously borrow merely to finance structural deficits.

Monetary policy requires the same intellectual honesty. The Government’s strategy envisages Shariah-compliant open-market operations, standing facilities and liquidity arrangements. These are necessary developments, but changing contractual forms will not be enough if their sole objective becomes mechanical reproduction of the existing interest-rate corridor.

SBP ultimately needs a transparent post-riba monetary framework explaining liquidity creation and absorption, lender-of-last-resort assistance, foreign-exchange operations and monetary transmission. The fifth element takes us beyond banking altogether.

Part V argued that riba flourishes not only because creditors seek gain but also because human beings are compelled by need. A successful transition must therefore strengthen Bait-ul-Mal, professionally governed public waqf lillah, independently administered zakat and revolving qard hasan funds. Essential healthcare, education, disability support and subsistence during genuine incapacity should never become markets for financial extraction.

Local cooperative institutions should provide the bridge from protection to participation. The lesson drawn from Rabobank was not that Pakistan should import a Dutch banking model. It was that communities can mobilise their resources and build productive institutions from below.

Properly regulated cooperatives can gradually shift economic power away from patrons and concentrated financial interests towards citizens themselves.

Governance is consequently as important as Shariah nomenclature. Pakistan requires consistency across banking, securities, takaful, pensions and public finance. A national Shariah authority may provide that consistency, but its standards and decisions must be published, reasoned and subject to independent audit and legal scrutiny. No closed clerical, governmental or banking group should possess unaccountable authority to declare its own financial products compliant.

The Finance Division says the amendments so far identified in banking laws are “minor in nature”. That description understates the task. Pakistan is attempting to transform the legal foundations of banking, public debt, monetary operations, investment, insurance, pensions and social finance while preserving financial stability. This requires coordinated primary legislation, not scattered amendments drafted independently by regulators. The transition should therefore be phased, but the prohibition cannot be optional.

Gradualism concerns the method. January 1, 2028 concerns the destination. This series began by asking what riba means. It ends by asking what kind of society its elimination should produce.

 

If Pakistan reaches 2028 with the same concentration of economic power, the same dependence upon sovereign debt, the same citizens forced to borrow for survival and the same guaranteed returns merely wrapped in new contracts, the constitutional promise will have been honoured in form and defeated in substance.

A just financial order requires something larger: money accountable to society, investment connected with productive activity and genuine risk, communities capable of financing themselves, and public institutions ensuring that basic human need never becomes an opportunity for exploitation. That would be reconstruction, not relabelling.

[Concluded]

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Dr. Ikramul Haq, Advocate Supreme Court, Adjunct Faculty at Lahore University of Management Sciences (LUMS), member Advisory Board and Visiting Senior Fellow of Pakistan Institute of Development Economics (PIDE), holds an LLD in tax laws. He was full-time journalist from 1979 to 1984 with Viewpoint and Dawn. He also served Civil Services of Pakistan from 1984 to 1996.

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    Shah Abdul Latif Bhittai was one of the most multifaceted poets of the subcontinent. The scope of his poetry covers various areas such as peace, humanity, humility, spirituality, patriotism, patience, struggle, and many other important aspects of human life. The light of his poetry reaches the minds and souls of people belonging to different walks of life. Latif was born in a period when Persian was the official language and was also the language of poetry and other means of expression. However, he broke the chains of tradition, put aside the fear of social conventions, and used Sindhi instead of Persian as the medium of his poetry. His narrative reinforces the idea that one should prefer native and indigenous languages to foreign ones, because one’s identity and cultural association are linked with indigenous languages. He does not mean to disrespect Persian; rather, he intends to reinforce the significance of native languages. Patriotism was one of the important themes of Latif’s poetry. Sur Marvi is a testament to his inner feelings about the homeland and the deep love attached to it. According to the story, when Marvi was allegedly kidnapped by Umar, the ruler of the time, and brought to his grand palace, she rejected the luxuries and comforts of the palace. Instead, she requested Umar to return her to Malir, her homeland. Marvi tells Umar that if she dies in imprisonment, her dead body should be sent back to her beloved parents, ancestors, and the land of Malir. Even after her demise, reaching her homeland would bring comfort and peace to her soul. She wishes to be buried among the fragrant herbs and plants of her beloved land. This symbolises love, simplicity, and attachment to the homeland and its people. It shows that despite achieving all worldly luxuries and privileges, a person with a true conscience desires to return to their native land. For Latif, love for the homeland is more than a feeling or a sense of belonging. It is an attachment to one’s identity, culture, and indigenous roots. Therefore, Marvi does not care about worldly luxuries but desires to return to Malir, which may be simple but possesses natural beauty, pure love, and the affection of relatives and fellow beings. For Marvi, her homeland Malir is superior and matchless. In Sur Sarang, Latif discusses rain and the prosperity that follows rainfall through agriculture, irrigation, and the grazing of domestic animals and livestock. Latif describes Thar as a thirsty land that has always longed for rain and showers because the sustainability of Thar depends upon rainfall. The dark clouds over Thar bring excitement and happiness, not only to the poor people but also to their livestock. For the rain-thirsty region of Thar, rain indicates the hope of prosperity. After rainfall, lands are cultivated, animals are kept in homes, and people experience prosperity. This reflects the deep association between humans and nature and shows how people keep high hopes from natural blessings such as rain. Latif’s poetry does not only confine itself to love, peace, and patriotism; patience, humanity, self-surrender, and contentment with minimum means are also significant themes of his poetry. He emphasises the purity and piousness of the inner soul and encourages people to sacrifice worldly desires to elevate their inner selves. During the British era, many British officers posted in Sindh recognised the greatness of Shah Abdul Latif’s poetry and paid tribute to him. Writers and scholars such as H.T. Sorley considered him one of the great poets of the world. Through their contributions, they tried to promote and spread Latif’s message of love, peace, humanity, brotherhood, and tolerance. They observed that although Latif’s poetry apparently covers regional issues and feelings, its thoughts and expressions are universal and comparable with the works of internationally recognised poets. While talking about the concept of the Lord, Latif explains that apparently there seems to be one palace having hundreds of thousands of doors and countless windows. Wherever one looks, one can see the presence of the Lord. This indicates that God is omnipresent and can be seen through different forms of His creation and symbols. One of the fundamental aspects of Latif’s poetry is real love and the approach towards the Creator. According to Latif, the initial step to achieve this elevated spiritual status is to become humble, submissive, caring, and kind towards people living on earth. He believes that in order to have access to God, one has to brush aside worldly desires and become humble and devoted. His poetry also contains messages of hope, patience, courage, and adventure. Latif says that those who have the courage and determination to cross rivers of difficulties and hardships will ultimately reach their destination. In his poetry, the river symbolises obstacles and difficult situations that a person faces while struggling to achieve success. Those who are brave enough to face the horrifying waves of difficulties can ultimately cross the river and achieve their goals. Latif also emphasises avoiding excessive desires of the material world. According to him, the way to spiritual elevation is to remain humble, kind, and caring towards the creatures of the Lord. His poetry teaches people that life is temporary and that one must play one’s role positively in this world to achieve success in the spiritual world. Sur Samundi is another important chapter of Latif’s poetry. In this Sur, Latif depicts the life of marine traders, their economic struggles, social issues, and the feelings of their loved ones when these sailors travel through deep seas and remain away from their homes for many months. In this chapter of his poetry, Latif observes that people of the olden days were involved in trade and commerce and lived prosperous lives. These mariners travelled to far off areas and traded various valuable items, including diamonds, pearls, and jewels. They left the comforts and luxuries of their homes because they preferred trade and adventure to a comfortable life. Latif not only highlights the success and struggles of these traders but also

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