Shaykh-ul-Islam Dr. Muhammad Tahir-ul-Qadri
Shaykh-ul-Islam Dr. Muhammad Tahir-ul-Qadri is a former Professor of Law and Head of Department of Islamic Jurisprudence and Legislation at the University of Punjab. He is also the Founder of Minhaj-ul-Quran International, which has branches and centres in more than 100 countries. He studied classical Islamic sciences under eminent scholars around the world, including Makkah and Medina in Saudi Arabia, Syria, Baghdad, Lebanon, Morocco, India and Pakistan, and has received around 500 authorities and chains of transmission in the various branches of Islamic knowledge. He has authored about 1,000 books, including a more than 600 pages book to explain his decree against suicide bombing, (over 551 of which are published in Arabic, English and Urdu), and delivered over 7,000 lectures around the world.
Shaykh-ul-Islam is also the Founder and Chairman of the Board of Governors of the Minhaj University Lahore. Besides that, he is also the Founder of Minhaj Welfare Foundation and Minhaj Education Society. Minhaj Education Society is running more than 650 schools all over Pakistan where 150,000 students are being educated at present.
ISFIRE interviewed the great scholar for the benefit of our global readership who are interested in knowing about Dr. Tahir-ul-Qadri’s views on Islamic banking and finance.
WE SHALL START WITH YOUR MOST RECENT AND SEMINAL CONTRIBUTION TO ISLAMIC BANKING AND FINANCE, WHICH YOU TERMED AS TAQLID AL-MADHAHIB. ALTHOUGH IT WAS PUBLISHED IN THE GLOBAL ISLAMIC FINANCE REPORT 2018, IT WOULD CERTAINLY EDUCATE OUR READERSHIP IF YOU COULD SUMMARISE THE APPROACH.
Let me explain the problem statement first then I will come to the summary of the solution. As we know, the Islamic banking and finance industry is growing and expanding to all parts of the world, and its market share is increasing gradually. This success has not appeared without challenges. Especially since last three to four years the challenges are emerging more apparently hence causing the stagnation in the growth of Islamic banking and finance industry around the globe. One of the significant and concerning challenges the Islamic finance industry is facing today is lack of standardisation and global non-uniformity in terms of Shari’a interpretations of Islamic financial matters and products. Islamic banks are operating in different jurisdictions where different schools of Fiqh (Islamic Law) are being followed.
Different jurisdictions require conformity to particular school of Fiqh in legality and regulations of financial matters. This also applies to Islamic banking products and services that lead to different Shari’a interpretations and explanations of Islamic banking products and legal matters in different jurisdictions. The conformity to only one particular school of Fiqh in banking matters is the root cause of the problem of non-standardisation in Islamic banking. This problem is also highlighted and enumerated in various research studies.
“I must say that the proposed approach of Taqlid Al-Madhahib is the best solution to the problem.”
I tried to address this issue and proposed a solution to this problem in the 1st World Islamic Economics and Finance Conference organised by Minhaj University Lahore. I have the view that the answer to this problem lies in adopting a “neo-juristic approach of inclusive accommodation and flexibility.” This approach is based on the Qur’anic principle of facilitation and the juristic principle of expansion. This approach should be known as conformity with all schools of law (Taqlid-al-Madhahib).
The intent of the wholesome of Shari’a is to create ease and facilitation for humankind. Keeping in view this principle, the jurists have promoted ease, expansion, and facilitation for humans in making inferences from the sources. While describing various disputations, they have reported different verdicts and opinions that contain greater flexibility and facilitation.
“Especially since last three to four years the challenges are emerging more apparently hence causing the stagnation in the growth of Islamic banking and finance industry around the globe.”
Let us come to the approach of Taqlid Al- Madhahib; what does it mean? One of the critical points, which is needed to be considered is that banking and finance is not a jurisdiction-limited or region-specific issue. It is a global issue, and Muslims in all parts of the world need to access financial services. So, a solution having a global scope is the real need of the time. This approach is a theory of expansion and inclusion of all schools of Fiqh on Islamic banking products and other matters. This provides flexibility, and it is based on liberality (Tawasuu) instead of tenacious adherence to a single school of law or the path of narrowness and rigidity. As the basis of the problems grows wider and expands in span and novelty, the rules to resolve the problems also demand the adoption of an open-minded and a holistic approach. If the issue is related to personal matters, adherence to a particular school of law will be preferred. However, if the problem happens to be a broad-spectrum one and involves a broader span of activity and great international repercussions, the methodology to deal with it would also be all-inclusive, liberal and wide-ranging.
In the end, I must say that the proposed approach of Taqlid Al-Madhahib is the best solution to the problem. If governance and regulatory mechanisms are established based on this approach, the Islamic banking industry will perform much better than today.
YOUR MULTI-FACETED PERSONALITY HAS CONTRIBUTED TO ALMOST ALL FIELDS. HOWEVER, WE HAVEN’T SEEN ANY SIGNIFICANT PROJECT IN THE FINANCIAL SECTOR. HAS THIS BEEN DELIBERATE?
I have written many books on Islamic banking and finance and tried to open new doors of innovation and research on this subject. My books entitled, “Islamic Banking and Finance”, Interest-Free Banking in Islam” and “Iqtasadiat- e-Islam (The Islamic Economic System)” are particularly written on this subject and highlight vis-a-vis suggesting the practical solutions of the economic problems of humanity. My efforts are not confined to literary work but the major part of them is spent to find the practical ways to implement the theory of Islamic financial system. The establishment of a great progressive learning institution in the form of Minhaj University Lahore is one of the concrete steps taken in this connection. This progressive approach is adopted to produce Islamic economists or to say specially trained manpower that could implement the theory of Islamic finance in the field of finance and economy world over in a professional style.
As per your question which is about commercial projects such as establishing a bank or a corporate entity, you may not find any such project. Let’s flip the coin and take this question from another angle, and I will shed light on some realities and our projects and what we are doing in financial sectors: our motto and our vision is to serve the global Muslim community and whole of humanity as well. Our services are designed in the same way as our vision is. We have a Minhaj Welfare Foundation, (MWF). Obviously this is not our financial arm, but it is serving humanity at large with the focus on empowering the neglected and deprived strata of the community. The core objectives of MWF are to alleviate poverty in the undeveloped regions of the world by developing long-term and sustainable projects, to advance and promote human rights, equality and diversity irrespective of race, colour and creed in the world and to advance in humanitarian programs. In other words, our aim of establishing this entity is to achieve Maqasid al-Shari’a which is the essence of developing Islamic economic vis- a-vis Islamic financial system.
To tap more opportunities in the financial sector, we have taken another initiative of establishing an Islamic microfinance entity named “Al-Mawakhat Islamic Microfinance” with the slogan of “Serving Humanity with Dignity.” This project is aiming at serving the needy and low-income individuals as well as those who do not have access to typical banking services. The aim is to enable these types of consumers so that they can empower themselves and get rid of poverty if given access to financial services.
Last but not least, we are heading towards entering into the formal financial sector, and in the future, you will see more initiatives and projects in this regard.
PAKISTAN HAS OFFICIALLY ADOPTED WHAT IS KNOWN AS A DUAL BANKING SYSTEM, WHICH ALLOWS CONVENTIONAL AND ISLAMIC BANKS TO OPERATE SIDE-BY-SIDE. IS IT A SUFFICIENTLY ISLAMIC APPROACH TO ISLAMISATION OF THE FINANCIAL SECTOR AND ECONOMY OF PAKISTAN?
In Pakistan, Islamic banks are operating side by side with conventional banks. However, still the percentage of Islamic banks compared with a conventional one is too small but the share is increasing with a higher speed. Islamic banking system is spreading its wings in Pakistan. The assets recorded in the Islamic banking industry are Rs2,458 billion and the deposits held by Islamic banking institutions are Rs2,005 billion by the end of September 2018. In overall banking industry, the market share of Islamic banking was recorded 13.6 and 14.7 percent, respectively by end of September 2018.
There are different factors due to which the financial system of Pakistan has not wholly become Islamized. One of them is the attention and willingness of the government, which is of great importance to Islamize the country’s financial system. It can be demonstrated that the government itself deals in interest-based mechanism while doing financial agreements internationally and as well as domestically. The government has to eliminate interest in terms of providing and taking loans from and to the provincial governments and other government agencies. These loans constitute a large part of the national economy, and they are based on interest. At the same time, they have to stop receiving from and paying interest payment to State Bank of Pakistan. The government has to use Islamic finance modes in their deals and national schemes, such as youth development scheme, laptop scheme, Clean and Green Pakistan, empowerment of the poor, etc. Moreover, though the government can’t stop paying interest at an international level at once it can stop paying interest on every domestic loan at least.
I also appreciate the initiatives taken by State Bank of Pakistan for the development of Islamic banking sector in Pakistan, but to Islamize the financial system demands strong willpower from the government as well as the banking sector.
IN YOUR VIEW, IS THE PRACTICE OF ISLAMIC BANKING AND FINANCE SUFFICIENTLY AUTHENTIC? WHAT ARE YOUR MAJOR CONCERNS, IF ANY?
Islamic banking and finance system or you may say the Islamic economic system has appeared as a suitable alternative to capitalism and socialism, which is evidenced by the exponential growth of the Islamic finance industry around the globe. There is no issue of authenticity; now this has been already resolved and proved the matter.
Now, come to the second part of the question. One of the significant concerns is that some products of Islamic banking and finance are very limited and becoming less attractive to consumers and investors as well. But since these products are catering to the needs of the people at large, so the Islamic banking industry has to work harder and come up with more innovative and solution-based products.
The second concern is human capital or human resources in the Islamic finance industry. The challenge of capacity building has become a significant concern that needs to be resolved with immediate effect. For this, the industry, academia, regulators and governments have to join hands with each other and build an ecosystem for the young generation to attract them, to teach them, to train them and then bring them into the Islamic finance industry. More and more initiatives, projects and programmes have to be started in all regions, especially in Muslim countries.
Islamic banking and finance system or you may say the Islamic economic system has appeared as a suitable alternative to capitalism and socialism.
The third one is governmental support, and it is especially crucial for Muslim countries. The Muslim countries have to sit together and come up with a robust and standardised Islamic economic system. For this, academia from all Muslim countries has to sit together and make a global academic Islamic finance forum or a platform to discuss Islamic financial issues and resolutions. The Islamic banking industry should also move forward for the globalised solutions and Islamic financial products and business models.
The Islamic banking industry has to keep a thin line difference from conventional banking industry. This thin line exists between profit maximisation and achieving Maqasid al-Shari’a. Islamic banking and finance industry has to work hard for the empowerment of the people.
Last but not least, if these concerns are addressed with strong will and determination, Islamic banking growth would be unstoppable.
CAN YOU PLEASE SHARE WITH OUR READERSHIP SOME OF THE ACTIVITIES OF MINHAJ-UL-QURAN INTERNATIONAL AND ITS AFFILIATED BODIES?
Minhaj-ul-Quran International is a religious, reformist, modernising and welfare movement that is working for inter-religious harmony, sectarian tolerance and promote peace and love in the world. Minhaj-ul-Quran International, during its journey of 38 years, has established its organisational structure in 100 countries of the world according to the local legal bindings and under the name of Islamic Centers. These Islamic Centers are imparting religious, social, educational and welfare services.
Minhaj-ul-Quran has established a well-knitted educational network. One of the remarkable achievements in this regard is the establishment of Minhaj University Lahore (Charted) that was given an international award for imparting social services in the private sector at the Global Good Governance Awards 2018.
Hundreds of school and colleges have been established by Minhaj Education Society with the main focus on women’s education. The welfare projects of Minhaj-ul-Quran are realised by Minhaj-ul-Quran Welfare Foundation, which holds relief and medical camps at calamity-stricken areas off and on. Besides, it established an institution for imparting cheap and state-of-the-art education in developing countries and provides financial assistance for their needy citizens. Minhaj Welfare Foundation gives scholarships to poor students as well. It also runs Orphan Care Homes where orphan and abandoned children are provided homely shelter and care.
When the 9/11 incident shook the world, and Muslim Ummah was subjected to a unique prejudice among the comity of nation. I took the initiative and beside issuing a decree against the suicide bombing established Al-Hidaya camps around the world under the aegis of the Minhaj- ul-Quran International to brief the Muslim youth about the counter-terrorism measures needed to be taken theoretically as well as practically. These camps were addressed and conducted by myself where I got an opportunity to interact with Muslim youth. Moreover, a peace syllabus was prepared and is being taught in peace classes taken at Islamic Centres of Minhaj-ul- Quran International across the world.
Minhaj-ul-Quran has a legally registered central secretariat that includes various wings of the organisation namely Minhaj Women League, Minhaj Youth League, Minhaj Ulema Council, Minhaj Welfare Foundation and Minhaj Orphan Care Homes.
Minhaj-ul-Quran International also provides guidance on various international issues to be discussed at International Forums. Farid-e- Millat Research Institute is another feather in the crown of Minhaj-ul-Quran International, which is a state-of-the-art research institute facilitating research on contemporary issues relating to the implementation and understanding of Islamic ideology concerning Muslim Ummah and the world community. This institute also works for producing quality books based on modern methods of scientific expression like every statement should be accompanied with reference, bibliography and index, etc.
ON A LIGHTER NOTE, WHAT IS A TYPICAL DAY OF SHAYKH-UL-ISLAM PROFESSOR DR TAHIR UL QADRI? HOW DOES IT START AND WITH WHAT IT ENDS?
My daily routine, besides my ongoing work of reading and writing, comprises making a few telephone calls. My daughter Khadija Qurat-ul- Ain lives in New York, I phone her to inquire about her and her children’s well-being. Make a phone call to my elder daughter Aysha Qurat-ul-Ain and my granddaughters and grandsons to exchange news and views. I prefer to make video-calls so that we may watch each other also. Then I phone my son Dr. Hussain Mohi-ud- Din Qadri, daughter-in-law Fiza Hussain Qadri and granddaughters Sukayna and Marwa in Lahore to inquire about their activities and well-being. It includes a discussion with Dr Hussain on matters related to the ongoing educational as well as welfare projects of Minhaj-ul-Quran International and its local chapter and affairs and progress of Minhaj University Lahore. Then I talk to my eldest son Dr Hassan Mohi-ud-Din Qadri and get apprised about the affairs of the secretariat and movement. Likewise, I converse with the Secretary-General of Pakistan Awami Tehrik, Khurram Nawaz Gandapur, and its Secretary Information, Noorullah Siddiquee, to get information about the political situation of the country and activities of our party. Model Town case is also being heard in the court nowadays, so I remain in contact with our lawyers to know about the developments in proceedings of the case and be a part of consultation about it.
WE ARE FORTUNATE TO LIVE DURING THE LIFE OF SHAYKH-UL-ISLAM AND TO BENEFIT FROM HIS SCHOLARSHIP DIRECTLY. OUR READERS WOULD LIKE TO KNOW WHO AMONGST THE CONTEMPORARY SCHOLARS AND YOUR TEACHERS HAVE INFLUENCED AND IMPRESSED YOU?
Being an anti-status quo and pro-revolution by nature my first inspiration was my learned father Dr Farid-ud-Din Qadri. He was a medical doctor by profession and had travelled through many countries of the world in quest of acquiring knowledge from the renowned scholars of those countries like India, Syria, Palestine, Iraq, Egypt, Saudi Arabia and many other Arab countries. His academic stature was not confined to India and Pakistan but international one due to his frequent visits to foreign countries to quench his thirst for knowledge. My personality has deep imprints of the qualities of my father.
I spent almost 25 years, i.e., from 1966 to 1990 in the spiritual company of my Shaykh Sayedna Tahir Allauddin Al Gilani who was the successor of Skaykh Abdul Qadir Jilani of Baghdad and a renowned person among the Arab Mashaykh and Sadat. I learned Tasawaf, Salook and Maarfat and manners from him. Spiritual learning and training have a great impact on my personality. The personality that inspired me a lot during my studentship was that of Allama Syed Ahmad Saeed Kazmi Shah. He was known as “Ghazali-e-Zaman” means the Imam Ghazali of his time. Then from 1970 to 1974, I studied Islamic Philosophy from Dr. Burhan Ahmed Farooqi and acquired the Quranic thought of revolution from him. Besides that, I had also been a pupil of the Islamic scholars of Syria, Lebanon, Yemen, Makkah, Madina Munawara and Baghdad; including Shaykh Muhammad bin Alwi Maliki Makki, Maulana Abd-ush-Shakoor Muhajar Madni, Maulana Zia-ud-Din Ahmed Madni and Badar Aalam Merathi. All of them have a significant role in my character building. Imam Jalal-ud-Din Sayuti tops the list of the teachers that were my spiritual inspiration and put a great influence on my educational upbringing including Shah Wali Ullah Muhaddas Dehlavi, Imam Ghazali, Imam Hajar Asqalani, Imam Qistalani, Imam-e-Azam Abu Hanifa, Imam Muhammad bin Idrees Shafi, Imam Malik, Imam Ahmed Bin Hanbal, Imam Bukhari, Imam Muslim, Imam Tirmazi, and Imam Yusaf Bin Ismail Nabhani (may Allah bless them with His mercy).
“I spent almost 25 years, i.e., from 1966 to 1990 in the spiritual company of my Shaykh Sayedna Allauddin Gillani who was the successor of Skaykh Abdul Qadir Jilani of Baghdad and a renowned person among the Arab Mashaykh and Sadat.”
UNQUALIFIED QUESTION SO WE WOULD LIKE TO QUALIFY BY ASKING YOU WHERE DO YOU FEEL HAPPIEST, IF NOT AT THE MOSQUE OF THE PROPHET (SALL ALLAH ALAIHI WA SALLAM).
You ask where I would like to live second to Harmain Shariain to feel great peace and spiritual tranquillity, isn’t it so?
Well! The next to Harmain Sharifain place where I wish to go for a long time and yet in waiting is the city of al-Quds in Jerusalem. Picture of that city always rolls before my eyes, and I feel present there. Next to it is the city of Baghdad, I had been a frequent visitor of Iraq, and I always felt an unexplainable spiritual content while there. The third is Damascus where I want to go immediately after receiving the news of favourable conditions of law and order there. It’s the land of prophets and saints. The land of Najaf where the Shrine of Hadhrat Ali A.S. is situated is spiritually dear to me as well. After that the Turkish cities of Istanbul and Konia are very much liked by me. I used to go there frequently as one of the companions of Allah’s Prophet PBUH Hadhrat Abu Ayub Ansari R.A. is buried in Istanbul, and the shrine of Maulana Rum is in Konia. These cities are nearer to my heart. I always use Turkish Airlines while coming from or going to Canada and feel great tranquillity while flying over the city of Istanbul.
LET US COME BACK TO ISLAMIC BANKING AND FINANCE. WHAT DO YOU FORESEE THE FUTURE OF ISLAMIC BANKING AND FINANCE? IN PAKISTAN AND WORLD-WIDE?
I am very hopeful about the future of Islamic banking and finance in Pakistan and as well as worldwide. Islamic banking is expanding and growing in all regions of the world with each passing year. Islamic banking has emerged as a better alternative to conventional finance. The future of the Islamic banking industry is also based on the performance and goals of the industry itself. Islamic banks have gained the attention of consumers at large. Now is the time to keep those consumers and also remove barriers for un-served consumers to ensure the sustainability of the industry. The steps should be taken to increase the trust level of investors; innovation and standardisation in the products of Islamic banking are indispensable for future growth.
The Islamic banking industry has to move forward to achieve the goal of empowerment of Muslim Ummah and the whole of humanity. They have to address the global problems and challenges the Muslim Ummah is facing such as the challenge of unemployment, poverty, and social, economic and environmental sustainability. The future of Islamic banking will be bright if Maqasid al-Shari’a are achieved successfully.
SHAYKH, A LOT OF INDUSTRY OBSERVERS, ARGUE THAT THE WORD “ISLAMIC” SHOULDN’T BE USED WHILE REFERRING TO ISLAMIC BANKING AND FINANCE. RATHER THEY PREFER TO CALL IT BY A NAME THAT MUST BE NEUTRAL AND HENCE ACCEPTABLE TO NON-MUSLIMS AS WELL. WHAT IS YOUR VIEW ON THIS RESPECT?
The use of words ‘Islamic Banking’ is not required by Shari’a compliance by any means. Islamic products can be sold by any name because Islam does not demand that the products of Islamic banking should be sold using the name of Islam. If we go into the Islamic history the classical literature of Islamic Fiqh does not use the suffix Islamic with any of Islamic financial products, like Mudaraba wouldn’t be written as Islamic Mudaraba or the economy wouldn’t be taught as Islamic economy, so on and so forth. The popular terms like ‘interest-free’ and other similar terms may be converted in popular terminology. So, if we introduce these products using Islamic terminology, they may hardly be acceptable to the Western world; particularly in the present wave of terrorism. Hence, it may make the sale of Islamic products unacceptable.
YOU HAVE LIVED IN CANADA FOR A NUMBER OF YEARS, AND HAVE FIRST-HAND KNOWLEDGE OF WESTERN SOCIETIES. HOW WOULD YOU COMPARE THE MORALITY OF ISLAM AND THE CONTEMPORARY WEST? DOES IT HAVE IMPLICATIONS FOR ISLAMIC BANKING AND FINANCE?
Aside from the Shari’a commandments and matters, the issues concerning human rights, freedom of an individual, security and ethics are such values which are being practised in the Western world for a pretty long time. For instance, in the Western world anger, deception, backbiting, bickering, shouting and making noise are only rarely witnessed; also, you don’t see the habit of lying. A child cannot tell a lie even if he tries. In fact, all these values belong to Islam, which was adopted by Europe. Then Europe expanded these values. If we turn towards history, the period ranging from six to seven hundred years takes you to the Muslim era. This was the period, when the Muslim world made progress in science, education, medicine, biology, philosophy and technology. Every city had hundred of law colleges. That was the era of knowledge, progress and research, whereas the same era was known as Dark Ages in Europe. Then, gradually, the Muslim decline started, and Europe began to develop in fields such as knowledge, research and departments of ethics. And then all such things travelled to Europe from Spain, Baghdad, Damascus, Istanbul, Balkh and Bukhara. This is a historical fact that the whole of Europe was illuminated by Islamic values and education culture. Then this light was spread across Australia, America and New Zeeland. Anyway, the West now stands at a better position as far as human rights and ethical etiquettes and manners are concerned.
NOW A QUESTION THAT HAS CONFUSED A LOT OF PEOPLE. THE SCHOLARS LIKE MR. JAVED AHMAD GHAMDI HAVE ARGUED THAT WHILE CHARGING INTEREST IS NOT ALLOWED, THERE ARE NO ISLAMIC RESTRICTIONS ON WILLFULLY PAYING INTEREST. PLEASE CLARIFY THIS ISSUE OF IMMENSE IMPORTANCE.
There should be no confusion in this matter. The prohibition of interest is unequivocal in the Holy Quran and the teachings of Holy Prophet (peace be upon him). More you discuss this issue more you bring complexities and misconceptions about it. Let’s come to the point, the matter of interest while you are saying it conditional, non-conditional, commercial, non-commercial, hence wilfully paying or un-willfully paying, in all cases, it is prohibited and haram (illegal) in Islamic law. The interest in any shape or kind or type is considered haram and prohibited without any condition and specification. There are many myths, and misconceptions emerged and propagated in this matter in the last four to five decades since the commencement of Islamic banking. It was trying to make segregation between commercial interest and general type of interest, conditional and non-conditional loan hence willfully paying and un-willfully paying. Our point in this issue is always that interest is completely prohibited with its all forms and shapes and all schools of Islamic jurisprudence such as Hanafi, Maliki, Shafi and Hanbali are of the same view that interest is prohibited in all shapes and forms. As per your question which is pertaining that there is a misconception found either willfully paying of interest is allowed or not. Our answer is categorical No; it’s unjustifiable and prohibited. Paying interest means promoting interest, and it leads to more problems. If you are paying interest to someone, then the question will arise either he can use the paid amount of interest or not, and so on.
It is pertinent to mention only one hadith here as evidence of our viewpoint. Jabir bin Abdullah narrates the hadith, the Holy Prophet (peace be upon him) cursed the receiver and the payer of interest, the one who records it and the two witnesses to the transaction and said: “They are all alike [in guilt].” You may read my book “Interest-Free Banking System” for more details. This hadith provides the answer to the question that the paying of interest either wilfully or un-willfully is not permitted.
AT THE END, SHAYKH, WOULD YOU LIKE TO GIVE A MESSAGE TO THE YOUNGER GENERATIONS CONCERNING PURSUING A SUCCESSFUL CAREER IN ISLAMIC BANKING AND FINANCE.
The single message to the younger generation is that they have to work hard, build their study habit, think and create innovative Islamic financial products and business models. Moreover, they have to keep in mind the essence and objective of Islamic financial system which is empowering the people, take themselves out of the poverty circle and uplift the level of deprived people hence achieving Maqasid al-Shari’a.