Senate Passes 26th Constitutional Amendment to Eliminate Riba (Interest) by 2028
In a significant move toward establishing a fully interest-free financial system in Pakistan, the Senate has passed the 26th Constitutional Amendment Bill, 2024, setting January 1, 2028, as the deadline for the elimination of Riba (interest-based banking). This landmark decision follows years of debate over the role of Islamic banking in the country’s economic framework.
The amendment, particularly the revision of clause (f) in Article 38 of the Constitution, marks a decisive step in promoting social and economic well-being in line with Islamic principles. Previously, the clause stated that Riba should be eliminated “as early as possible.” The newly amended text now reads, “as far as practicable, by the 1st of January, 2028.”
This development comes at the behest of Jamiat Ulema-e-Islam-Fazl (JUI-F), the influential religio-political party led by Maulana Fazl-ur-Rehman, which had strongly pushed for the inclusion of this deadline in the draft amendment. The government faced significant pressure from JUI-F in finalizing the bill, ultimately leading to the adoption of their suggestion.
A Legal and Economic Milestone
The amendment aligns with the 2022 verdict of the Federal Shariat Court (FSC), which ruled that the country’s economic system must be free of interest. In its ruling, a three-member bench, led by Justice Dr. Syed Muhammad Anwer, emphasized that the elimination of Riba is fundamental to an Islamic economic system, calling any transaction involving interest “wrong” and forbidden under Islamic law.
The FSC ruling instructed the government to transition to an Islamic, interest-free banking system within five years. It further mandated that all domestic and international loans, including those from institutions like the IMF and the World Bank, be made interest-free.
“The abolition of Riba and its prevention is in accordance with Islam. The interest taken in any case, including debt, falls into Riba, which is completely forbidden in Islam,” read the court’s verdict.
SBP and the Transition to Islamic Banking
In line with the FSC’s directives, the State Bank of Pakistan (SBP) has already begun implementing measures to support this transition. The central bank has granted in-principle approval for the establishment of a digital retail Islamic bank and for Shariah-compliant digital banking through Islamic window operations.
According to the SBP’s Governor’s Report for 2023-24, released on October 18, 2024, the bank is actively collaborating with the government and other stakeholders to ensure the smooth implementation of the Federal Shariat Court’s ruling. A high-level ‘Committee for the Transformation of Conventional Banking into Islamic’ has been formed to guide this process.
The SBP has adopted a multi-pronged approach to this transformation, which includes reviewing existing domestic laws and comparing them with international best practices, reassessing the regulatory framework, and conducting awareness sessions on Islamic banking and finance. Capacity building for stakeholders is also a critical part of this strategy.
The Path Forward
With the passage of the 26th Constitutional Amendment Bill, Pakistan is now on a firm trajectory toward eliminating Riba by 2028. The coming years will be crucial as the government, financial institutions, and other stakeholders work to meet this ambitious deadline and fully align the country’s banking system with Islamic principles. The move is expected to have wide-reaching implications for both domestic financial practices and Pakistan’s engagements with international financial bodies.