Amin Al - Astewani, Ahmed Sallam

Student Finance and the Islamic Prohibition on Interest-Based Loans

Introduction

Student finance and the islamic prohibition on interest-based loans. UK student finance excludes Muslim students due to interest. This study examines the legal obligation for Sharia-compliant alternatives, ensuring equitable higher education access and human rights.

Abstract

Access to higher education in the United Kingdom is governed by a comprehensive legal framework that upholds equality and prohibits discrimination under domestic and international law. Nevertheless, the current student finance system poses significant challenges for adherents of Islam due to the Islamic prohibition on usury, which is inherent in the interest charged on conventional student loans. This financial exclusion extends beyond matters of religious accommodation, as it directly implicates the fundamental right to education and the principle of equality. This study explores whether the UK government has a legal obligation to provide adequate alternative student loan schemes aligned with Islamic principles to ensure equitable access to higher education. It critically examines the UK’s obligations under international human rights law and domestic legislation, focusing on the right to education and the principles of equality and non-discrimination.

Review

This timely study addresses a critical intersection of public policy, religious freedom, and human rights within the context of higher education finance in the United Kingdom. The abstract clearly articulates a significant challenge faced by Muslim students, where the interest-based structure of conventional student loans conflicts directly with Islamic prohibitions on usury. By framing this issue not merely as one of religious accommodation but as a fundamental breach of the right to education and the principle of equality, the authors position their inquiry at the heart of contemporary debates on inclusivity and non-discrimination. The article promises to be highly relevant to policymakers, legal scholars, and educational institutions grappling with equitable access. The core strength of this research lies in its commitment to a rigorous legal analysis. The abstract indicates a critical examination of the UK's obligations under both international human rights law and domestic legislation. This focus on "legal obligation" to provide alternative, Sharia-compliant student loan schemes is particularly compelling, moving beyond an appeal for good practice to a robust argument for legal necessity. Such an approach suggests a comprehensive review of relevant statutes, conventions, and case law, which could significantly advance understanding of state responsibilities in accommodating religious practice within secular financial systems. The exploration of "adequate alternative schemes" also hints at a practical, solution-oriented dimension, moving beyond problem identification to potential policy recommendations. Given the scope outlined, this study has the potential to make a substantial contribution to academic discourse and policy formulation. While the abstract effectively establishes the problem and the analytical framework, a full paper would likely benefit from detailing specific examples of alternative finance models (e.g., *murabaha*, *ijara*, *takaful*) and their feasibility within the UK legal and financial landscape. Furthermore, a comparative perspective drawing on approaches from other nations facing similar challenges could enrich the analysis. Overall, this research promises to be an essential read for anyone interested in the complex interplay between financial regulation, religious freedom, and the right to education, offering a robust legal framework for advocating for more inclusive student finance systems.

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