The Usury of Constructive Foodstuff in the Maliki School: An Analytical and Applied Study

Abstract

The core problem of this study lies in the frequent, yet dispersed, usage of the term "constructive foodstuff" (al-ṭaʿām al-ḥukmī) by Maliki jurists across classical jurisprudence literature concerning usury (ribā). This warrants an in-depth analytical examination of the term—not merely to define its semantic scope, but to elucidate its legal ramifications regarding ribā, a matter heavily emphasized and prohibited by Allah and His Messenger. This research aims to investigate the jurisprudential issues related to the usurious nature (ribawiyyah) of constructive foodstuff by conducting an inductive survey of available Maliki literature, tracing the occurrences of this term, and analyzing the legal rulings derived from it. To achieve this objective, the researcher adopted a descriptive-analytical approach, critically deliberating on the legal parameters that determine both the constructive foodstuff status and its usurious implication. The study has yielded several key findings, most notably that the Maliki understanding of Islamic law (Sharīʿah) extends beyond literal appearances and avoids tying legal rulings strictly to superficial forms. Instead, it scrutinizes underlying realities and subtle distinctions. A prime example is the treatment of items that are not directly edible foodstuffs in their present state; recognizing their imminent transformation into food, the Maliki school accords them the legal status of actual foodstuff. This reflects a profound application of the school’s foundational principle regarding the consideration of outcomes (muraʿāt al-ma'āl) and the legal subsumption of the constructive (al-ḥukmī) under the actual (al-ḥissī). Finally, the study recommends the necessity of examining underserved jurisprudential terminology that has not yet received adequate research attention. It further highlights that vast treasures within the classical Islamic legal heritage remain awaiting scholars to uncover their precious insights and disseminate them.