Although Hadhrat Mufti Taqi Saheb disagrees with the view of these “contemporary scholars”, in the final analysis he concludes the per- missibility of the riba penalty
on the basis of his own arguments. Thus, while the “some contemporary scholars” on
the one side, and Hadhrat Mufti Saheb on the other, argue in different avenues,
they reach the same conclusion, viz., the permissibility of the riba penalty.
Distancing himself from the argument of the “contemporary schol- ars”,
Hadhrat Mufti Taqi Saheb says: “The concept of compensation, however, is
not acceptable by the majority of the present day scholars (including the author).
It is the considered opinion of such scholars that this suggestion neither con-
forms to the principles of Shariah nor is it able to solve the problem of default.”



The view of “some contemporary scholars” has been rejected by Hadhrat
Mufti Saheb since it is in conflict with the principles of the Shariah. In the
same way we say that the view of Hadhrat Mufti Sa- heb also does not conform
with the principles of the Shariah. In fact, it is in diametric conflict with
the categorical prohibition of riba — a prohibition based on the Qur’aan
and the highest category of Ahaadith.

The “contemporary scholars” referred to by Hadhrat Mufti Saheb
have not even bothered to obtain some Shar’i basis — a principle
or a particular mas’alah on which to base their view. They resorted to
pure opinion which they attempt to pass off as a valid verdict of the Shariah.
On the other hand, Hadhrat Mufti Taqi Saheb has endeav- oured to extract a
basis in the Shariah for his view. But his basis too has no validity and cannot
constitute a valid basis for the justification of the riba penalty as we shall
soon show, Insha’Allah.