The comparison which Hadhrat Mufti Saheb draws between the capi- talist riba system and the system of the Shariah in his attempt to pro- vide grounds for the legalization of the riba penalty implies a vote of no confidence for the system of the Shariah, hence his argument seeks to highlight a perceived disadvantage of the muraabahah sys- tem. The capitalist system in this regard operates freely to increase the “price” in case of late payment of instalments. The whole exer- cise of Hadhrat Mufti Saheb is to bring the muraabaha system on par with the capitalist system so that what the capitalist entrepreneur gains by the riba penalty on late payments, the Muslim creditor too will gain in exactly the same manner, albeit with some cosmetic changes effected to the riba penalty to make it appear not to be riba when in actual fact it is nothing but pure riba for which the Qur’aan sounds the War Drum of Allah and His Rasool (sallallahu alayhi wa- sallam).

It is manifest beyond the slightest vestige of doubt that Islam does not allow such a riba penalty. Islam is averse to it. It is a charge ex- clusive with the capitalist system. It may not be incorporated into Is- lam by fanciful and fallacious argumentation. Insha’Allah, the fal- lacy of the arguments in favour of this riba penalty will be discussed and neutralized further on in this treatise.

While Hadhrat Mufti Saheb has asserted that the amount of the loan keeps on increasing in proportion to the period of default or late payment, i.e. interest plied on interest, he has forgotten that Allah Ta’ala says in the Qur’aan Majeed: “Allah destroys (not increases)riba, and He increases Sadaqaat.”

The act of granting extension for payment is a meritorious deed of Sadqah. According to the Qur’aan, Sadqah increases, not the product of riba. The product of riba, decreases like a burning candle while Sadqah is like the Wholesome Tree (Shajrah Tayyibah) spoken of in the Qur’aan. Thus the conclusion of ‘increase’ in relation to riba and the implication of deprivation for the Muslim creditor in view of the Shariah’s fixation of the price and prohibition of riba, are unfounded and bereft of any Shar’i basis.