beyond riba reconstruction

Beyond Riba: Reconstruction of Just Financial Orde…

The preceding part of this series ended with a limit that productive finance cannot cross. Illness, unemployment, education, disability, orphanhood and temporary distress cannot always be converted into profitable investments. Human vulnerability itself cannot become another financial product. That is where a riba-free order must move beyond banking.

A society may successfully redesign murabaha, musharakah, salam or ijarah and still remain unjust if a family facing cancer treatment must borrow at any cost, a student must enter adult life under debt, or a widow depends upon a local patron for survival. Prohibition of riba becomes socially meaningful only when basic human need is protected from financial extraction.

Pakistan does not have to invent the institutional vocabulary from zero. It already has Pakistan Bait-ul-Mal, established under the Pakistan Bait-ul-Mal Act, 1991. Its official mandate includes assistance to the destitute, widows, orphans, persons with disabilities and other needy citizens, with support extending to medical treatment, education and rehabilitation. Its official position is that assistance is available to the poorest without differentiation of religion, creed, sect or region.

This is an important foundation. It is not yet the structure required for a just financial order. Bait-ul-Mal should cease to be understood primarily as an agency dispensing discretionary relief to the “poorest of the poor”. Its larger purpose should be to guarantee a legally defined social floor.

Food in destitution, essential healthcare, basic education, protection of children without support, disability assistance and temporary subsistence during involuntary unemployment should become matters of entitlement under transparent criteria, not favours obtained through political access. This distinction is fundamental.

Charity depends upon the generosity of the giver. Entitlement rests upon the responsibility of society. It is one of the most emphasised Quranic directive on this idea. The directions given in the holy Quran need not be accepted in totality. This principle is accepted in all the classical juristic traditions. The practical discussion on this is important.

In the transitional phase, all the scholarly works envisage gradual movement rather than an overnight abolition of existing economic arrangements. Individuals progressively devote more of their resources to collective purposes while organised society assumes responsibility for the basic necessities of life.

 

The transition, in any pragmatic scheme, is institutional rather than merely charitable. That insight deserves attention. An Islamic polity cannot measure success by the number of ration bags distributed after deprivation has occurred. Its test is whether institutions progressively remove the conditions that force citizens into dependence upon creditors, property owners, political patrons or charitable intermediaries. Bait-ul-Mal should therefore form the first pillar of social finance: the guarantee against destitution.

The second should be waqf. Waqf historically converted wealth into enduring social capital. Whatever the juristic differences concerning its precise legal character, its institutional genius lies in removing an asset from ordinary private consumption and dedicating its benefit to a continuing purpose.

Land, buildings and income-producing properties can support hospitals, schools, hostels, water systems, vocational institutions, research centres, shelters and community infrastructure across generations.

Pakistan already possesses statutory waqf institutions. Punjab’s Auqaf Department, for example, operates under the Punjab Waqf Properties Ordinance, 1979, for the administration and regulation of waqf properties. Income arising from properties under its control is credited to the Auqaf Fund under the statutory framework. The potential is much larger than administration of shrines and mosques.

Pakistan should develop professionally governed public waqf institutions—waqf lillah—at national, provincial and local levels. Public land lawfully dedicated for community benefit, voluntarily endowed private property and other permissible assets could constitute permanent pools of social capital. Their corpus should remain protected while their income finances clearly defined public purposes.

This cannot become another avenue for bureaucratic or political capture. Every waqf property should be digitally registered. Its title, purpose, valuation, income, expenditure and beneficiaries should be publicly accessible.

Independent audit, professional management and strict conflict-of-interest rules are indispensable. No minister, shrine manager, political family or local notable should be able to convert property dedicated for public benefit into an instrument of patronage.

The third pillar is zakat. It should remain distinct from both the ordinary budget and waqf. Its compulsory redistributive character and specified purposes give it an institutional identity of its own. Combining every form of social finance into one government account would destroy these distinctions.

The fourth pillar is qard hasan. Not every person requiring temporary liquidity is destitute. A worker may face a medical emergency. A small farmer may need funds after a flood. A graduate may require equipment to begin earning. A household may need a short bridge between unemployment and a new job. Such circumstances do not necessarily call for a grant. They require finance without extraction.

Revolving qard hasan funds administered through Bait-ul-Mal, public waqf institutions and local cooperatives could provide precisely that bridge. Principal would return when the recipient regains capacity, allowing the same pool to assist another household. The institution earns no commercial return from distress; society recycles solidarity.

This connects directly with the cooperative model discussed in Part IV. The ultimate objective cannot be to create permanent classes of beneficiaries. Social protection should lead towards economic agency.

A citizen receiving emergency assistance today should, wherever possible, become tomorrow’s producer, saver and member of a cooperative financial institution. Bait-ul-Mal prevents collapse. Waqf creates enduring social assets. Qard hasan provides a bridge back to economic activity. Cooperatives enable citizens to pool savings, own institutions and finance one another.

These mechanisms should operate together rather than as isolated schemes. The structure can be visualised as a ladder. At its base is an enforceable social floor below which no citizen is allowed to fall. Above it are education, healthcare and skills supported partly through public waqf. Temporary setbacks are met through qard hasan. Productive citizens then move towards cooperative and commercial risk-sharing finance of the kind discussed in Part IV.

The direction is from dependency to capability, not from one form of dependency to another. Governance will determine whether this succeeds. Pakistan has repeatedly created institutions in the name of disadvantaged citizens and then allowed access, appointments and resources to be mediated by power. A Quranic economic order cannot reproduce that arrangement with Islamic terminology.

Beneficiary selection must be rules-based and digitally verifiable. Accounts must be public. Assets must be mapped. Independent audits should be mandatory. Local citizen representation should accompany professional management. Federal, provincial and municipal responsibilities must be clearly divided.

The Islamic character of such an order would lie not in the names of institutions but in their consequences. A child should not remain uneducated because his father is poor. A patient should not sell the family home to obtain essential treatment. An orphan should not require a patron. A widow should not surrender dignity for subsistence. A farmer hit by an exceptional calamity should not enter a debt spiral from which his family cannot escape.

A society that prevents these outcomes attacks riba at its social source. This is the larger point often missed in debates about Islamic finance. Riba does not flourish merely because lenders seek returns. It flourishes also because borrowers are frequently compelled by need. Reforming the creditor while leaving the compulsion untouched addresses only half the problem.

The alternative requires both sides of the structure developed in this series: productive finance based upon ownership, service and genuine risk; and social finance that removes essential human needs from the market for guaranteed financial returns.

A truly Islamic polity is not one in which rulers become generous distributors of charity. It is one in which citizens do not require the ruler’s favour to eat, study, receive treatment, work or recover from misfortune.

Part VI will bring these strands together and ask the final question: how can Pakistan move from judicial declarations and Islamic-banking conversion to a phased, enforceable Prohibition of Riba law [Who will draft Riba Prohibition Law? Minute Mirror, April 7, 2026] covering banking, public debt, monetary operations, productive and social finance, and the transition itself?

[To be continued]

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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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  • Limited Resources, Infinite Flight: The Metaphor o…

    When studying the rise and fall of civilizations, an unyielding truth emerges: nations are shaped not by material wealth or vast geography, but by the intellectual vitality of their institutions. When an educational system loses its soul, and universities become mere factories for paper credentials, the collective vision of an entire society falls into a colonial illusion. Pakistan’s contemporary higher education landscape bears out this bitter reality. For decades, our public universities have remained bound to an archaic, bureaucratic framework forged under nineteenth-century colonial imperatives. Designed to cultivate compliance rather than critical thought, this apparatus has produced storehouses of financial distress, administrative stagnation, political interference, and repetitive, sterile theses generated solely for promotion. Where fearless intellectual discourse should thrive, there settles instead the suffocating dust of sycophancy. Research has ceased to be an endeavor to solve society’s pressing crises, reduced instead to filling journal pages to tick administrative boxes. Yet within the deep shadows of this stagnation—where despair threatens every horizon—the sudden appearance of an institution where the austere mountain winds shelter the burning torches of intellect, resolve, and scientific courage transforms from an institutional victory into an intellectual miracle. Cradled by the towering pines of Murree, Kohsar University, steered by the visionary and globally acclaimed leadership of its Vice Chancellor, Professor Dr. Rafia Mumtaz, stands as a brilliant embodiment of this living reality. The trajectory of any institution is invariably determined by the intellectual breadth and moral courage of its leadership. Professor Dr. Rafia Mumtaz’s academic journey serves as a luminous testament to the fact that when learning transcends rote recitation and is forged in the crucible of international standards, it possesses the power to alter a region’s destiny. From the advanced technological ecosystem of NUST to a rigorous Ph.D. and post-doctoral research tenure at the University of Surrey in the United Kingdom, her trajectory ensures that her framework remains untouched by the narrow confines of conventional university systems. Instead, it is thoroughly attuned to cutting-edge scientific paradigms and the demands of global academia. When a scholar steeped in artificial intelligence, the Internet of Things, data analytics, and modern digital architecture assumes the leadership of a nascent university, she shatters the slow, sclerotic barriers of red tape with a single stroke, transforming the institution from a sluggish office into a dynamic, antifragile intellectual unit. Kohsar University’s initial tragedy lay in its location within a complex terrain where tourism, mountain ecology, and severe winters impose heavy administrative demands. Yet through seasoned judgment, Dr. Rafia Mumtaz converted this geographical limitation into her greatest asset. She established the profound truth that sincerity of intent and granite-like resolve can shatter metropolitan monopolies, erecting towering beacons of learning in remote mountain tracts whose radiance illuminates the entire national academic sphere. The foundational flaw of Pakistan’s public universities has always been the disconnect between curricula and grassroots economic realities. Conventional institutions have rarely bothered to align their structures with shifting market demands. Kohsar University has initiated a quiet, resolute awakening against this obsolete tradition. Here, disciplines such as Tourism, Hospitality, Forestry, and Environmental Sciences are not treated as static textbook chapters; they are integrated directly into national policy formulation, rigorous fieldwork, and sustainable development models. As a newly established public university, the institution has confronted severe financial constraints, leading to unavoidable delays in expanding modern computer laboratories. Yet these structural hurdles never impeded its overarching resolve. In April 2026, leveraging its routine development planning and extremely limited resources, the university successfully procured advanced computer systems, upgraded its laboratories, and opened new frontiers for empirical scientific research. Within a remarkably brief span, Kohsar University’s Computer Science students delivered an exceptional performance at the prestigious PINTECH Expo, competing against more than 75 renowned universities across Punjab during the 2023 and 2025 exhibitions to secure the runner-up position. This is undeniable proof that a nascent, resource-deprived public university possesses the fierce capability to stand shoulder-to-shoulder with the country’s premier institutions. In the same vein of triumph, students excelled across competitive programs of the Prime Minister’s Youth Initiative, engaged with Stanford-associated online training frameworks, and claimed top honors in provincial academic competitions. Behind these crowning achievements lie no bloated budgets, but sheer grit, towering vision, and the unyielding talent of regional youth. Muree and its surrounding landscapes presently stand at a perilous crossroads regarding climate change. Faced with melting glaciers, unchecked tourism, and rapid deforestation, Kohsar University engineered an immediate, proactive response. It activated its research networks, shifting students and researchers away from the desolation of conventional job-hunting toward the creation of practical scientific projects aimed at steering the local economy toward digital and eco-friendly paths. This transformation signals that education has reclaimed its status as humanity’s primary instrument for survival. These triumphs give rise to an urgent question: if a brand-new university can achieve such rapid feats amidst profound scarcity, what heights could its research capacity reach with adequate governmental patronage? Emerging universities in Punjab should no longer be viewed as financial liabilities; rather, they must be recognized as vital engines driving regional development and digital economies. For thousands of brilliant, underprivileged young minds across Murree, Kohsar University represents their sole, robust gateway to quality higher education. Materially and financially strengthening this institution is synonymous with empowering an entire region. The pulsing heart of this intellectual flight is Kohsar University’s state-of-the-art Computer Science Department and its high-tech computer laboratories, outfitted to meet uncompromising international standards. In twenty-first-century global communications, digital infrastructure serves as the central nervous system of any academic enterprise. Dr. Rafia Mumtaz’s scientific background and technical mastery have successfully converted this department into a cutting-edge incubation hub. When students within these mist-veiled heights sit before screens to master complex algorithms, IoT systems, cloud computing, and software development, the sight heralds a new dawn: Pakistan’s bright digital future shines with equal brilliance from these majestic mountain peaks. These laboratories stand as indisputable evidence that when scarcity is met with transparent priorities and unwavering resolve, world-class institutions capable of competing globally can be born despite meager state

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