THE CONCEPT OF AL-QARD UL-HASAN
Name : Ghazana Binti Said Atan 1.0 Introduction
The word “qard” is derived from Arabic “qirad” which means to cut. It is called qard
as it cuts certain part of the lender’s property by giving loan to the borrower. Hasan is
also an Arabic word which originates from “ihsan”, which means kindness. Hasan is
an act which benefits persons other than those from whom the act proceeds without
any obligation. Perhaps the word hasan, understood in the context of ihsan, is meant
to imply that the transaction is possible only when a person is fully aware that he or
she is making a loan to someone in need without expecting anything in return from
him, but only in order to please Allah s.w.t.
Therefore, the term “al-qard ul-hasan” means beneficial loan or benevolent loan or
gratuitous loan. Chapra has defined al-qard ul-hasan as a loan which is returned at the
end of the agreed period without any interest or share in the profit or loss of the
business.
The difference between al-qard ul-hasan and sadaqah (charity), is that al-qard ul-
hasan has to be repaid, although the borrower specifies the time of repayment, while
sadaqah is pure charity. It is reported from the Prophet s.a.w. that the reward by Allah
s.w.t. for sadaqah is ten times and that of al-qard ul-hasan is eighteen times, thus
underlining the importance of al-qard ul-hasan.
2.0 Objectives of Al-Qard Ul-Hasan
Prepared by Ghazana Said Atan Page 2 of 13 Islam emphasizes on brotherhood among the Muslims and since al-qard ul-hasan
being a gratuitous loan can help the fellow Muslims who need money, we can deduce
the objectives of al-qard ul-hasan as the following :
• To help the needy fellow people
• To establish better relationship among the poor and the rich people
• To mobilize wealth among people in the society
• To perform a good deed that is encouraged and appreciated by Allah s.w.t.
and Prophet Muhammad s.a.w.
• To strengthen the national economy
• To facilitate the poor to create new job market and business ventures by using
their merits, skills and expertise
• To establish a caring society
• To eradicate unemployment problem from the society
• To remove social and economical discrimination in the society
3.0 Rules regarding Al-Qard Ul-Hasan
Al-qard ul-hasan, being a contract (aqd) between two parties requires the same
principles that apply for other Islamic transactions, which are as follows :
• Both parties should be legally capable to enter into the qard contract
Prepared by Ghazana Said Atan Page 3 of 13 To enter into a contract, parties must be baligh, aqil and rashid (major with
sound mind). The Quran (Surah Al Nisa 4:6) states :
ُ ْ َ ْ و َٱ ۡ بتَلوا ٱ ۡ ل يَت َٰ ـ َم ٰ ى َحت ّٰ ٓى إِ َذا بَل ُغوا ٱ لنّ َكا َح فَإ ِۡ ن َءان َۡس ُتم َ ّمۡن ُ ۡہ ۡ م ُر ۡ ش۬ ً دا ف َٱ ۡ دفَعُوٓاْ إِ َلۡي ِ ۡہ ۡ م أ ۡ موَٲ لَه ُۡۖ م وَ َل ت َۡ أكُ ُلوهَآ إ ِۡ س َرا۬ ًفا َ وَبِ َدا ًرا أن ي َ ۡ كبَ ُرو ۚ ْاۡ وَ َمن َكا َن غَنِ۬ ّيا ف َۡ لي َۡ ست َۡ ع ِف ۡۖف وَ َمن َكا َن َ َ َ َ ْ فَ ِقي ۬ ًرا ف َۡ لي َۡ أك ُۡ ل ب ِٱ ۡ ل َم ۡ ع ُرو ۚ ِۡف فَإِ َذا دَف َۡ عت ُۡ مإِلۡي ِ ۡہ ۡ م أ ۡ موَٲ له ُۡ مفَأۡش ِۡہ ُدوا
عَ َلۡي ِ ۡہ ۡۚ م وَ َكَف ٰ ى ب ِٱ للّهِ َح ِسي۬ ًبا
“Prove orphans till they reach the marriageable age; then, if ye find them of
sound judgment, deliver over unto them their fortune; and devour it not by
squandering and in haste lest they should grow up Whoso (of the guardians)
is rich, let him abstain generously (from taking of the property of orphans); and
whoso is poor let him take thereof in reason (for his guardianship). And when
ye deliver up their fortune unto orphans, have (the transaction) witnessed in t
heir presence. Allah sufficeth as a Reckoner.”
This verse specifies that the age of marriage and the sound judgement is the
age of majority, which means that a major person is capable to enter into any
transaction validly.
In a hadith, the Prophet (s.a.w) said, “The pen is raised for three groups (of
people) that is, they will not be responsible for their actions : the insane until
they become sane, those who are sleeping until they are awaken, and the
youth until they reach puberty.” [Ahmad, Abu Daud and al-Tirmidhi].
Prepared by Ghazana Said Atan Page 4 of 13 The above hadith makes it clear that a person, who has not attained the age of
puberty, may not be a responsible party to a qard transaction.
• Ijab (offer) and qabul (acceptance) of the qard must be clearly made before
entering into the loan contract
In the loan agreement, there should be clear expression, collation and
conjunction of the ijab and qabul between the parties so as to prevent dispute
in future.
• The date of payment must be specified
The date of payment of the loan should be mentioned in the loan agreement. If
no such date is specified, the transaction may lead to ambiguity and dispute
among the lender and the borrower.
When Prophet (s.a.w) migrated to Madinah, he was informed that contracts of
salam were made without specifying the amount or date, in which he says,
“ Whoever enters into a contract of salam should specify the date of delivery
and the amount of the subject matter.”
• The contract should be in writing
Allah s.w.t says in Surah Al Baqarah (2:282) :
َ ّ ْ َ َ ي َ ٰ ٓـأيّ َها ٱ ل ِذي َن َءا َمنُوٓا إِ َذا تَ َدا َين ُتم بِد َۡ يٍن إِل ٰ ٓى أ َج۬ ٍل ّم َس۬ ّمى َ فَٱ ۡڪ تُ ُبو ۚ ُهۡ و َۡ لي َۡ ك ُتب ب ّۡ ينَك ُۡ م َ ڪ اتِۢ ُب ب ِٱ ۡ لع َۡ د ِۚ ۡل وَ َل ي َۡأ َب َكاتِ ٌب أن ۡ ي َ ۡ كتُ َب َڪ َما عَلّ َم ُه ٱ لل ّۚ ُهۡ ف َۡليَڪ ت ُۡ ب و َۡ لي ُۡ ملِ ِل ٱ لّ ِذى عَل َۡيهِ
Prepared by Ghazana Said Atan Page 5 of 13 ّ َ ً ٱ ۡ ل َحقّ و َۡ ليَتّ ِق ٱلۥ ل وََه ل َر بي َّۡ ُهب َخ ۡ س ِم ۡ ن ُه َش ۡ ي ۬ ـ ٔۚا فَ ِإن َكا َن َ َ َ ٱ لّ ِذى عَل َۡ يهِ ٱ ۡ ل َحقّ َس ِفي ًها أ ۡ و َض ِعيًفا أ ۡ و َل ي َۡستَ ِطيعُ أن ْ يُ ِم ّل هُوَ ف َ ۡ لي ُۡ مل ِ ۥ ۡ ب ِٱ لۡ لوَع َلِيّۡ ُهد ۚ ِۡل و َٱ ۡ سَتۡش ِۡہ ُدوا َش ِ ہ يد َۡي ِن ِمن ّ َ َ ّر َجال ُِ ڪ ۡۖ م فَ ِإن ل ۡ م يَ ُكو َنا َر ُجل ۡ ي ِن فَ َر ُج۬ ٌل و َٱ ۡم َرأ َتا ِن ِم ّمن َ ت َ ۡ ر َض ۡ و َن ِم َن لٱ ّش َہ َداِء أن تَ ِض ّل إ ِۡ حد َٰ ٮهُ َما فَتُذ َّڪ َر إ ِۡ حد َٰٮهُ َما ُ َ ٱ ۡ لأ ۡ خ َر ٰۚ ى وَ َل ي َۡ أ َب لٱ ّش َہ َداُء إِ َذا َما دُ ُعو ۚ ْاۡ وَ َل ت َۡسٔـ ُموٓاْ أن َ َ َ ت َ ۡ كتُ ُبوهُ َص ِغي ًرا أ ۡ و َ ِبيڪ ًرا إِل َٰ ٓى أ َجل ِ ِۦۚ ه ۡذَٲ لِك ُۡ م أ ۡق َس ُط ِعندَ َ َ َ َ ٱ للّهِ وَأ ۡ قوَ ُم ِلل ّش َ ہ ٰ ـدَةِ وَأ ۡ ن َدٰ ٓى أ ّل ت َۡ ر َتابُو ْٓۖاۡ إِ ّل ٓ أن تَ ُكو َن َ تِ َج ٰ ـ َرةً َ حا ِض َر۬ ةً تُ ِدي ُرونَ َها ب َۡ ين َُ ڪ ۡ م فَل َۡ ي َس عَل َۡ يك ُۡم ُج َنا ٌح أ ّل َ ْ َ ٓ َ ت َ ۡ كتُ ُبوه َۗ ا وَأ ۡ شهِدُوٓا إِ َذا تَ َباي َۡ عت ُۡۚ م وَل يُ َضا ّر َكاتِ۬ ٌب وَل َش ِهي ٌ۬ۚدۡ ُ ْ ْ ّ ّ وَ ِإن ت َ ۡفعَۥ لوفُا ُفَإِسونّ ُهۢ قُ ب ُِ ڪ ۡۗ م وَٱ ّتُقوا ٱ لل َۖ هۡ وَيُعَل ُم ُڪ ُم
ٱ لل ّ ُۗ هۡ و َٱ للّ ُه ب ُِڪ ّل َش ۡ ىٍء عَ ِلي۬ ٌم
“O ye who believe! When ye contract a debt for a fixed term, record it in
writing. Let a scribe record it in writing between you in (terms of) equity. No
scribe should refuse to write as Allah hath taught him, so let him write, and let
him who incurreth the debt dictate, and let him observe his duty to Allah his
Lord, and diminish naught thereof. But if he who oweth the debt is of low
understanding, or weak, or unable himself to dictate, then let the guardian of
his interests dictate in (terms of) equity. And call to witness, from among your
Prepared by Ghazana Said Atan Page 6 of 13 men, two witnesses. And if two men be not (at hand) then a man and two
women, of such as ye approve as witnesses, so that if one of the two erreth
(through forgetfulness) the one of them will remind. And the witnesses must
not refuse when they are summoned. Be not averse to writing down (the
contract) whether it be small or great, with (record of) the term thereof. That
is more equitable in the sight of Allah and more sure for testimony, and the
best way of avoiding doubt between you; save only in the case when it is
actual merchandise which ye transfer among yourselves from hand to hand.
In that case it is no sin for you if ye write it not. And have witnesses when ye
sell one to another, and let no harm be done to scribe or witness. If ye do
(harm to them) lo! it is a sin in you. Observe your duty to Allah. Allah is
teaching you. And Allah is knower of all things.”
Here, the Muslim jurists have differing opinions. The majority of the jurists
opined that it is not obligatory but strongly recommended to put the contract in
writing. This is because they feel that if the parties decided not to put the
contract on paper, there is no longer an obligation upon them to write it down.
However, minority jurists are of the opinion that it is obligatory upon the
parties to put the contract in writing, in accordance with the verse above.
• Existence of two witnesses
The Quran verse above (Al Baqarah 2:282) also stresses on the need to have
two male witnesses, and if two men are not available, then one man and two
women must stand as witness. It is essential that the loan agreement comply
with the Quranic injunction to avoid future dispute.
Prepared by Ghazana Said Atan Page 7 of 13 4.0 Characteristics of Al-Qard Ul-Hasan fund
An al-qard ul-hasan fund has the following characteristics :
• It is flexible with respect to collateral.
• Documentary procedures are usually very simple
• Loans are usually small in size, approval procedures rapid and disbursement
quick
• There are no interest charges involved
• The fund has easy access to capital contributors and borrowers because of its
local base
• The fund managers, who are drawn from capital contributors, are fully
accountable
5.0 Examples of usage of Al-Qard Ul-Hasan in the world
5.1 United Arab Emirates
Dubai Islamic Bank offers al-qard ul-hasan (an interest free loan) to assist
customers overcomes their financial problems so as to save them from
undesirable circumstances and exploitation.
The fund aims at promoting a healthy Islamic social structure by facilitating
social needs like marriage, education and situations beyond the control of the
applicant like prolonged delay in salaries or wages. The facility promotes the
concept of takaful (mutual benevolence) amongst Muslims.
Prepared by Ghazana Said Atan Page 8 of 13 This facility is made available through varied financial assistance (through
donations or interest free loan) from the bank or other benefactors including
individuals, financial corporations, business organizations and even the
government.
The facility granted shall be repaid in one calendar year with repayment
starting within one month from the date of receiving the al-qard ul-hasan.
5.2 Islamic Republic of Iran
The al-qard ul-hasan funds provides small consumer and producer loans and,
in some cases, engage in profit sharing activities with small producers and
firms, thus supplementing the fund’s capital. These funds are usually
associated with local mosques or other religious organizations and sometimes
with guilds or professional associations. The capital is contributed by the more
well-to-do who are at liberty to withdraw their funds at any time. These funds
operate with reasonably low administrative costs since most are managed on a
voluntary basis by the people within the group.
6.0 Critical issues in Al-Qard Ul-Hasan
6.1 Misinterpretation of the al-qard ul-hasan concept
Al-qard ul-hasan is a benevolent loan, therefore, it is interpreted to mean that
the borrower cannot be forced to make repayment under this principle. In the
event the borrower is unable to repay the capital amount, the lender must
accept this transaction as a charitable act. The borrower can however decide to
Prepared by Ghazana Said Atan Page 9 of 13 reward the lender for his timely assistance, and can decide (at his sole
discretion) on the quantum of the reward as well.
Therefore, in view of its non-commercial nature, Islamic banks seldom
participate in this form of venture. Although banks are seen as social
institutions in Islam, they nevertheless need to maintain their business sense
for they too have their shareholders and depositors who must be kept satisfied
in terms of returns and economic feasibilities.
6.2 Administrative cost/management fee for loan granted
Many parties have introduced Islamic financing products in the name of al-
qard ul-hasan, however, their implementation seem to contravene its
benevolent objective, which is meant for welfare service. It now has profit
taking purpose behind the label of administrative cost/management fee so as to
make it lawful in the eyes of the public.
According to Shariah standard of AAOIFI (Accounting and Auditing
Organization for Islamic Financial Institutions), all kinds of benefit or
additions (from the borrowed amount) agreed to by both borrower and lender,
or it is made conditional in the contract upfront, or it is charged upon the late
payment, in the type of money, things or any benefit, are strictly prohibited
which is considered as riba. It is further stated that the charging of service cost
is allowable, provided that it is the actual cost.
The Resolution of International Fiqh (3rd assembly in year 1986) has stipulated
that the charge in excess of the actual cost is strictly prohibited and the
formula used to calculate the cost must be appropriate, exact and accurate.
Prepared by Ghazana Said Atan Page 10 of 13 Indirect costs such as employment expenditure, office rental and expenses, and
other liabilities, are not inclusive in the actual cost of financing.
Therefore, the service and administrative cost in the amount of percentages of
1 percent or 2 percent from the principal amount in not acceptable, as the
International Shariah Advisors of AAOIFI has clearly decided that it is not
permitted to link the charge to the amount given. The rational for this view is
to avoid the percentage from being tied up to the cost amount according to
financing amount and leads to the service charge becoming a changeable
amount. By right, the charge should be the same amount irrespective of the
amounts disbursed to borrower. It is concluded that the service charge based
on percentage is actually riba hiding behind the label of service/administrative
cost under al-qard ul-hasan.
6.3 Inflation
Although Islam urges justice to the borrower, it does not approve of injustice to the
lender. Inflation undoubtedly does injustice to the interest-free lender by
eroding the real value of al-qard ul-hasan.
Socio-economic justice requires the indexation of income and monetary assets by the
use of not one universal index but of several indices based on different
expenditure patterns. Indexation of al-qard ul-hasan has so far been rejected
by the fuqaha because they generally consider it similar to riba in its essence.
Their opposition to indexation of interest-free loans is also defensible on
economic grounds because even though it is proposed with the innocent
objective of doing justice to the interest-free lender, it has the potential of
initiating gross injustice to the borrower.
Prepared by Ghazana Said Atan Page 11 of 13 7.0 Conclusion
Al-qard ul-hasan is for the benefit of the individuals and the society at large. To
safeguard the interest of depositors/investors, these types of loans, as a matter of policy,
do not constitute a significant source of financing by Islamic banks. Mirakhor observes,
“perhaps the most challenging issue facing the implementation of an Islamic financial
system is the development of risk-bearing instruments that can provide the investors
with a sufficient degree of liquidity, security and profitability to encourage their
holding.’
It is important to appreciate that the requisites for total implementation and success of
Islamic banking in a country, include reshaping he society, restructuring of the
economic system and reframing of the laws according to the dictates of Islam.
As highlighted in part 6 above, the issues surrounding al-qard ul-hasan need to be
addressed and acted on before a pure al-qard ul-hasan principle can be adopted and
used for new product development and innovation.
Lastly, everyone especially the Muslims, need to change their priorities and at least as
much emphasis should be laid on improving the ethics, honesty and values of the
society as is being done for expansion of interest-free banking.
Prepared by Ghazana Said Atan Page 12 of 13 Bibliography
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Chapra, M. U. Money and Banking in an Islamic Economy. Retrieved on November 13, 2008 from http://www.iiibf.org/elibrary/muchapra
Mohammad Delwar, H. Al Qard al-Hasan : A Practical Approach. Retrieved on November 13, 2008 from http://www.wponline.org
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