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Report No. 63

2A.19. Tyabji's view.-

Tyabji1 quotes a "tradition" in this behalf.2 "Abu Hurairat said: The Apostle of God, said, "really a time is coming to man when all will eat interest; if he will not eat the interest, its impression will reach him, such as the giving interest, the witness of it, or the writer of interest".

But Tyabji adds3 that the prohibition has become obsolete. In one of the earliest cases decided by Peacock C.J.4, calculation of interest on dower was justified as representing the profits that might have accrued.

1. Tyabji Muslim Law, (1968), p. 29, para. 4, and footnotes 17, 18.

2. Miscat-ul Masbih, Traditions as to Interest, Book 12, Ch. 4, Part 2.

3. Tyabji Muslim Law, (1968), p. 29, para. 4.

4. Woomatul Fatima v. Meerun Munuissa, (1968) 9 UR 318 (324, 325).

Interest Act, 1839 Back

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