Can I ask for repayment of service charges along with repayment of a loan?
The Qur'an emphasizes fairness and justice in financial dealings, particularly regarding loans. In Surah Al-Baqara, it states: And if ye repent, then ye have your principal (without interest). Wrong not, and ye shall not be wronged.
2:279. This indicates that when a loan is repaid, the borrower should return only the principal amount without any additional charges like interest.
Ibn Kathir explains that the original capital should be returned without any increase, emphasizing that one should not impose unfair charges on the debtor. This principle aligns with the idea of mercy towards debtors, as highlighted in the tafsir, where it is noted that the Prophet Muhammad ﷺ taught about forgiving debt if the debtor is in hardship.
Furthermore, the Shia tafsir from Majma al-Bayan explains that acknowledging the impermissibility of usury means keeping the capital without any increase, underscoring that neither party should be unjust.
Therefore, while service charges may be considered in business practices, they should not be applied to loans in a way that resembles interest, as that would contravene the guidance provided in these sources. It is crucial to ensure that any charges are fair and do not exploit the borrower, adhering to principles of equity and mercy in financial transactions.
Sources
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2:279 · Al-Baqara
2:279 · Muhammad Marmaduke Pickthall
فَإِن لَّمْ تَفْعَلُوا۟ فَأْذَنُوا۟ بِحَرْبٍۢ مِّنَ ٱللَّهِ وَرَسُولِهِۦ ۖ وَإِن تُبْتُمْ فَلَكُمْ رُءُوسُ أَمْوَٰلِكُمْ لَا تَظْلِمُونَ وَلَا تُظْلَمُونَ
And if ye do not, then be warned of war (against you) from Allah and His messenger. And if ye repent, then ye have your principal (without interest). Wrong not, and ye shall not be wronged.
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Tafsir Ibn Kathir on 2:279
Tafsir Ibn Kathir · 2:279
Allah commands His believing servants to fear Him and to avoid what brings His displeasure and distances them from His approval. In this verse, He says: "O you who have believed, fear Allah and give up what remains of interest, if you should be believers." This means to beware of Allah, be watchful over your deeds, and leave whatever outstanding usury (riba) remains—namely, any increments added on top of principal loan amounts—especially after this stern warning, if you truly believe in what Allah has legislated, including the allowance of trade and the prohibition of usury and similar matters. The context of revelation is noted by early scholars such as Zayd ibn Aslam, Ibn Jurayj, Muqatil ibn Hayyan, and Al-Suddi, who explained that this verse was revealed concerning a dispute between two groups: Banu Amr ibn Umayr of Thaqif and Banu Mughira from Banu Makhzum. They had engaged in usury practices during the pre-Islamic era. When Islam arrived and these groups embraced it, Thaqif demanded to collect usury owed from the Banu Mughira. After consultating, the Banu Mughira refused to pay usury since it was forbidden in Islam. Attab ibn Asid, the deputy governor of Mecca, wrote to the Prophet (peace be upon him) about this, prompting this verse to be revealed. The Prophet then instructed Attab to convey this command. When confronted with the verse's warning, they repented and abandoned the remaining usury entirely. The verse carries a severe threat to those who persist in dealing with usury after the warning. Ibn Abbas said, interpreting "then if you do not, be informed of war from Allah and His Messenger," that it means they will surely face war from Allah and His Messenger. Rabiah ibn Kulthum narrated from Ibn Abbas that on the Day of Resurrection, the usury earner will be told to equip his weapons for battle. Ali ibn Abi Talha transmitted from Ibn Abbas that it becomes obligatory on the Muslim leader to give a chance for repentance to one who remains engaged in usury, and if the person refuses, it is rightful to take strict action against them. Ibn Abi Hatim reported from Hasan and Ibn Sirin that those money changers (usurers) have the right of war declared upon them by Allah and the Prophet. If there were a just Muslim leader, he would demand their repentance, and if they refused, arms would be laid against them. Qatadah said that Allah has threatened them with killing and disgrace wherever they go. Suhelly narrated that 'Aisha told Umm Muḥibba (Zayd ibn Arqam's freedwoman) that the jihad of one who deals in 'ayn (a usury practice) with the Prophet's company has been nullified unless he repents, as derived from the verse's meaning. Although this report is weak in its chain to Aisha, it underlines the gravity of persistent usury. Then Allah says: "And if you repent, then you have your principal; you do no wrong, nor are you wronged." This clarifies that those who give up usury have the right to keep their original capital without injustice to either side—no addition and no loss—but they lose the usurious excess. Ibn Abi Hatim transmitted from Sulayman ibn Al-Ahwas that the Prophet explained during his Farewell Pilgrimage that all usury from the pre-Islamic era has been annulled, and people may keep their capital without wrong to themselves or others. The first usury abolished was that of Al-'Abbas ibn Abd al-Muttalib. Allah then commands to be patient with debtors in hardship and not to force immediate repayment. Rather, grant them respite until ease comes. Better still is to forgive the debt entirely, which is a virtue and reward if you understand. This is a command toward mercy and leniency toward those unable to repay on time. Numerous hadiths affirm this mercy toward debtors: the Prophet said, "Whoever facilitates ease for a debtor or forgives him, Allah will shade them on the Day when there is no shade but His shade." It is also reported that repenting or granting time to a debtor is rewarded by Allah, and one who does so will find mercy and forgiveness. Several reports describe instances where the Prophet or his companions encouraged easing the burden of debtors and delaying payment, promising great reward in the Hereafter. Even those who owed debts but were unable to pay were excused with this guidance. The passage ends with a strong reminder to fear the Day of Judgment, when all will return to Allah and every soul will be fully recompensed for what it earned without injustice. Some narrations report that this verse was among the last revealed to the Prophet and came near the time of his passing. In sum, this tafsir explains the divine command forbidding usury, the serious warning of war against its commissioners, the mercy due to debtors in difficulty, and the final admonition to prepare for the inevitable Day of Reckoning.
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