The law of the Trade Transaction in a manner Kredit

One of the business activities that happened in this modern time was the trade in the thing in a manner credit with the price that labih high than usually. His practice sometimes the lender installs two prices, if bought in a manner his price credit so many and if his price cash so many.

But sometimes indeed the lender only sold the thing in a manner credit then. Certainly the selling price of the thing in a manner credit was more expensive than sold cash. How the status of the law from the transaction like this?

The Muslim scholars formulated the rules about the transaction law (mu’amalah) that in principle the law bertransaksi able to (neutral) except if inside was gotten the element of the deception (gharar), sepekulasi (maysir), usury and goods were sold twice.

There was the term that was general namely the transaction “dijual dua” that is selling a thing to two people or more, or mentransaksikan a thing with the price of credit and the price of cash but the buyer at once carried him without explained whether bought with in cash or with in a manner credit.

Here, for this transaction of the credit model, the Muslim scholars disagreed: (1) Jumhur the expert fiqih, like mazhab Hanafi, Syafi'i, Zaid bin Ali and Muayyid Billahi believed, that the trade that his payment was postponed and had the increase in the price for the seller's side because this postponement was legal. According to them the postponement was the price. They saw to the public's proposition that allowed.

(2) .Jumhur the Muslim scholar appointed, that a trader might increase the price according to that was appropriate, because in his origin might and nash that forbade him to be not available. On the other hand if until to his limit of legal tyranny changed became forbidden.

(3). The other opinion said that efforts raised the price above that sebenamya the reason for credit (the postponement of payment) closer to usury nasiah (in addition of the price because of the limit to time) that was clear was banned by nash Al-Qur’anul Karim.

So, in my opinion, the trade transaction in a manner his legal credit was legal and lawful provided that the contract (his transaction) between the seller and the buyer was done clearly (aqd sharih). Meaning that, between the seller and the buyer together knew and was gotten by the price agreement of the thing and the deadline at the time of the contract.

The trade transaction in a manner credit with the price that was more expensive compared to bought in a manner his legal cash was legal and lawful. With the condition, the transaction between the seller and the buyer was done and aqd sharih ’adam Al jahalah (was carried out honestly and mensepakati the deadline and the price of the thing).

Lest the contract has been finished and the thing already in brought came home now between the seller and the buyer did not yet have the agreement, bought in cash or cash. So as the buyer broke personally in his contract after some time from transaction time. Lack of clarity like this his law was forbidden because his contract was unclear (sharih).

HM Cholil Nafis, Lc., MA, Vice Chairman of Lembaga Bahtsul Masa’il PBNU

The birth certificate and the Right of Waris

the Government gave the appeal to the community to immediately equip the identity by having the birth certificate, and being explained that they who did not have the birth certificate, then did not have inheritance rights opposite the court.

Could the birth certificate be put into the category of مانع الإرث or the case that obstructed the heir to get the inheritance? How the existence of this regulation in a syara manner when being enacted oeleh the government?

Actually, the government regulation in the policy of having the certificate was maslahah (contained the good intention) and could be justified. Only the existence of the certificate in the perspective fiqh not be classed as one of the four of مانع الإرث (sperm Al-irts, the obstacle to inheritance rights) in the study fikih

But the certificate continued to be acknowledged as one of the space of the determination law of the inheritance, while being not made the only proof. Saw in Bughyah al-Mustarsyidin hlm. 155 and 276-277

Like the dispute between the heir who carried him to the court, happened and result in fell him inheritance rights from the heir who did not have the birth certificate, then was permitted by him to seize his right with had while not causing slander. And if causing slander, then the method was wiser that must be followed was to carry out the equal to the taller court. Bughyah al-Mustarsyidin the matter 286-287 and 276

(was proofread from produced by Bahtsul Masa’il Kubro Ii 2007 committees of Bahtsul Masa’il Pondok Pesantren Lirboyo Kediri)

The birth certificate and the Right of Waris

the Government gave the appeal to the community to immediately equip the identity by having the birth certificate, and being explained that they who did not have the birth certificate, then did not have inheritance rights opposite the court.
Could the birth certificate be put into the category of مانع الإرث or the case that obstructed the heir to get the inheritance? How the existence of this regulation in a syara manner when being enacted oeleh the government? Actually, the government regulation in the policy of having the certificate was maslahah (contained the good intention) and could be justified. Only the existence of the certificate in the perspective fiqh not be classed as one of the four of مانع الإرث (sperm Al-irts, the obstacle to inheritance rights) in the study fikih.

The Kabah of Old era

The Ramadhan SMS quiz has a prize

In Recent Times was increasingly bright of the quiz with SMS facilities (short message service or the service the short message) or the telephone. Moreover around and in Ramadhan month moments, the SMS quiz was not increasingly counted by the amount.
How this quiz law?
The quiz law had a prize with SMS facilities or the telephone was forbidden and including the category maisir (gambling/the bet alias gambling) as being named in Al-Qur'an, if being fulfilled one of the several matters as follows:
A. The guessers paid several funds in the form of the pulse as the condition for the possibility of succeeding in obtaining the profit with the risk of the loss of the fund loss that was paid.
B. The organising side obtained the profit that originated in payment of several funds by the guessers.
C. The profit for the organising side and the gift for some guessers berkibat in the loss for the other guessers with the fund loss that was paid.
The explanation above was the abstract from the explanation of Syeikh Manshur ibn Yunus ibn Idris Al-Bahutiy in Kasysyaf al-Qina (the VI Volume, H.424), Syeikh Sulaiman ibn 'Umar ibn Muhammad al-Bujairimi in Hasyiyah al-Bujairimi' Ala 'al-Iqna' (the Volume 3, H. 348), Syeikh Muhammad 'Ali Ash-Shabuniy inside Rawai' Al-Parakeet Tafsir of the Article of Al-Qur'an (the I Volume, H. 279), and Wahbah Az-Zuhailiy Sheikh in Al-Fiqh al-Islamiy Wa Adillatuh (the VII Volume, H.4981-4982).
The explanation of the answer and the explanation of the Muslim scholars as above was the conclusion from explication of the Muslim scholar fiqh against nash Al-Qur'an and the USA-Sunnah. Allah decreed:

يَسْأَلُونَكَ عَنِ الْخَمْرِ وَالْمَيْسِرِ قُلْ فِيهِمَا إِثْمٌ كَبِيرٌ وَمَنَافِعُ لِلنَّاسِ وَإِثْمُهُمَا أَكْبَرُ مِنْ نَفْعِهِمَا .البقرة : ٢١٩

They asked you about khamr and gambling. For instance: to both of them that was gotten by the big sin and several manfa`at for humankind, whereas the sin both of them bigger than manfa`at him. (QS Al-Baqarah: 219)

يَاأَيُّهَا الَّذِينَ آمَنُوا إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالْأَنْصَابُ وَالْأَزْلاَمُ رِجْسٌ مِنْ عَمَلِ الشَّيْطَانِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ .المائدة : ٩٠

Hi faithful people, actually khamr, gambling, (made a sacrifice to) the idol, and drew lots fate with the bow was the mean action that including the devil's action. Then avoided the actions so that you receive luck. (QS Al-Maidah: 90)

إِنَّمَا يُرِيدُ الشَّيْطَانُ أَنْ يُوقِعَ بَيْنَكُمُ الْعَدَاوَةَ وَالْبَغْضَاءَ فِي الْخَمْرِ وَالْمَيْسِرِ وَيَصُـدَّكُمْ عَنْ ذِكْرِ اللَّهِ وَعَنِ الصَّلاَةِ فَهَلْ أَنْتُمْ ْتَـهُونَ. المائدة : ٩١

Sesungguhnya syaitan itu bermaksud hendak menimbulkan permusuhan dan kebencian di antara kamu lantaran (meminum) khamar dan berjudi itu, dan menghalangi kamu dari mengingat Allah dan sembahyang; maka berhentilah kamu (dari mengerjakan pekerjaan itu). (QS Al-Maidah: 91)

SMS / Email

Translation:

Actually the devil meant will cause the enmity and hatred between you the reason (drank) khamar and gambled that, and obstructed you from remembering Allah and the prayer; then stopped you (from doing the work). (QS Al-Maidah: 91)

Rasulullah SAW said:

عَنْ عَبْدِ اللَّهِ بْنِ عَمْرٍو: (أَنَّ نَبِيَّ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نَهَى عَنْ الْخَمْرِ وَالْمَيْسِرِ وَالْكُوبَةِ وَالْغُبَيْرَاءِ وَقَالَ كُلُّ مُسْكِرٍ حَرَامٌ. رواه أبو داود

From Abdullah ibn Amr: "Actually Nabi SAW. banned khamar and gambling, as well as the drum and ketipung." And spoke he: every time that was intoxicating was forbidden. (HR Abu Daud) So. We suggested all of us to look for the production with natural efforts and in accordance with the provisions Allah SWT. Jangan Sampai we were tempted with tantalised-tantalised the gift that on one hand trapped us whereas that was forbidden, and on the other side to throw our dream by Islam islamic canon law to get the production with without make every effort and working.

KH Arwani Faishal, Vice Chairman of Lembaga Bahtsul Masail PBNU

Might give Salam in A Group of Women?

The questioner: Mayasari, Surabaya

How the law of a man greeting (salam) in a band of the woman?

Answered;

A man said greetings in the female collection not the problem. Because according to islamic canon law was not worried emerged slander. For a group of woman, one of them must there are those that answered him. Because in the law answered greetings, if that listened to the greetings of a group of person, then his law fardu kifayah (if being one that answered, has fallen the other obligation; was the reverse if being not that answered, the sin all of them). And if that heard the greetings alone, then the law replied greetings were fardu ain. Whereas for the woman (that dihasrati) that was alone, answered male greetings that also were alone, his law was forbidden. And for the man sedirian, forbidden said greetings to the woman who also was alone. Because of being worried had slander.

See: Dalîlul-Fâlihîn/3/247; Mughni al-Muhtâj/4/213; I’ânatuth-Thâlibîn/4/185. This question was contained in the Sidogiri Bulletin and it was replied by the Murajaah that was coordinated by Ust Baihaqi Juri.

Having capital of Rp 1 billion, Bankrupt, Obligatory alms?

The questioner: Muhsin Ad

If having the person of the trade business by capital of Rp 1 billion, afterwards the loss until Rp 1 billion that remained at Rp 100 thousand, what the person continue to have an trading obligation alms? Thank you.

Answered:

In An Effort To the trade, if reaching one nisab (minimal limit of obligation alms), then obligatory was spent his alms, good that reached one nisab that his capital or capital and the profit. For the case that was asked about by you, Rp money 1 billion that was made capital of trade efforts to have reached one nisab. Therefore, trade alms must be spent after achieving the period one year.

See: Hâsyiyah al-Bâjûrî/1/286; Nihâyatuz-Zain/165; Busyrâ al-Karîm/2/51. This question in there ised enough room in the Sidogiri Edisi Bulletin 29 and was answered by the Murajaah Fiqhiyah Team (LMF) Kuliyah Syariah Pondok Pesantren Sidogiri that is coordinated by Ust Baihaqi Juri.

Might ate the Bee?

The questioner: Suli

In my area had the person that likes eating the bee or the bee, that was permitted or not? Thanks so much.

Answered:

the Bee including the animal that might not be eaten his meat, the forbidden to be eaten. So, the person's action was not justified. And should, for the person that knew must reprimand or advise him, so that he is not protracted with his action.

See: Tahqîqul-Hayawân/60; Hayâtul-Hayawân/1/19. This question in there was enough room in the Sidogiri Edisi Bulletin 29 and was answered by the Murajaah Fiqhiyah Team (LMF) Kuliyah Syariah Pondok Pesantren Sidogiri that is coordinated by Ust Baihaqi Juri.

The highway for the Campaign

The questioner: Abqori

Each one of my campaign seasons often encountered incidents that often made me irritated when in a crowd him the campaign. When I went to school, evidently the blocked running by the stage for the campaign. We through the other road, and of course, the road was more far. As a result I and friends late. My question:

1. What might use the public's facilities like the highway for the campaign?

2. If must the contract shuluh, latas who that including the category could be asked shuluh by the party's side?

3. If the use of this road with the permission of the guardian of the city, how is it the management of the guardian of this city in connection with the existence qaidah تصرف الأمام منوط بالمصلحة

The answer:

1. Closing the highway without having the recommendation from the authorised side his law might not.

2. It could not be transacted the torch if the highway that would be transacted that including the impasse. 3.If the guardian of the city indeed had the authority permission then might be only. But in giving permission , he must gaze at the aspect of the advantage and mafsadah that will emerge. Afterwards took thing that is advantage and ignored thing that is bermafsadah.

The highway for the Campaign

The Mosq Nabawi

The questioner: Abqori

Each one of my campaign seasons often encountered incidents that often made me irritated when in a crowd him the campaign. When I went to school, evidently the blocked running by the stage for the campaign. We through the other road, and of course, the road was more far. As a result I and friends late. My question:

1. What might use the public's facilities like the highway for the campaign?

2. If must the contract shuluh, latas who that including the category could be asked shuluh by the party's side?

3. If the use of this road with the permission of the guardian of the city, how is it the management of the guardian of this city in connection with the existence qaidah تصرف الأمام منوط بالمصلحة

The answer:

1. Closing the highway without having the recommendation from the authorised side his law might not.

2. It could not be transacted the torch if the highway that would be transacted that including the impasse. 3.If the guardian of the city indeed had the authority permission then might be only. But in giving permission , he must gaze at the aspect of the advantage and mafsadah that will emerge. Afterwards took thing that is advantage and ignored thing that is bermafsadah.

The Legal Limitation in the Business of MLM

Multi the Marketing Level (MLM) was the marketing model that used the link down line, where the producer's side could reduce the cost marketing so as some fees marketing was used for the bonus for the person who received the big network. Indeed many of the person's reasons that were gathered in this MLM business, among them because tantalised-tantalised the bonus but there also are those that indeed because of the motivation wanted to have his product.

How according to the Islam law about this MLM business?

Multi Level Marketing (MLM) was sold/marketed directly a good product took the form of the thing or the service to the consumer. So as the distribution cost of the thing was very minimal or until to the point zero. MLM also eliminated the promotion cost because the distribution and the promotion were handled directly by the distributor with the system supported (leveling).

In MLM had the element of the service, meaning that a distributor sold the thing that not belonging to him and he got the pay from the percentage of the price of the thing and if could sell in accordance with the target he received the bonus that was determined by the company.

MLM plenty of his sorts and each company had the special specification. Now has had approximately 200 companies that use a name of himself used the MLM system.

We will give the answer that was shaped like a limitation the public as the escort for Moslems that will be involved in the MLM field.

Indeed basically all the forms mu’amalah or his legal transaction might (neutral) so as to have the argumentation that prohibited him.

Allah berfirman Allah:

وَأَحَلَّ اللّهُ الْبَيْعَ وَحَرَّمَ الرِّبَ

And Allah permitted the trade and prohibited usury. (QS Al Baqarah: 275)

وَتَعَاوَنُواْ عَلَى الْبرِّ وَالتَّقْوَى وَلاَ تَعَاوَنُواْ عَلَى الإِثْمِ وَالْعُدْوَانِ

Please helped on goodness and taqwa and please helped on the sin and the enmity. (QS Al Maidah: 2)

Rasulullah SAW spoke:

إنَّمَا الْبَيْعُ عَنْ تَرَاضٍ

The trade on the basis of together was willing. (HR al-Baihaqi and Ibnu Majah)

المُسْلِمُوْنَ عَلي شُرُوْطِهِمْ

Moslems were tied with their condition. (HR Ahmad, Abu Dawud and Al-Justice) Was based on this explanation could be concluded as follows :

1.Pada his foundation the MLM system was a contract or buyu that the principle of his foundation might (neutral) while not having the element: - Usury - Ghoror (the deception) - Dhoror (damaging or mendhalimi the other side) - Jahalah (not transparent).

2.Ciri typical the MLM system was received in his network, so as to have to be paid attention to everything was related to this network: - the Transparency of the determination of the cost to become the member and his allocation could be accounted for. The costing of the registration of the member who was tall without receiving compensation that was received by the member just was appropriate or that approached this cost was the gap where the MLM company took something without the right dam his law was forbidden.

- the Transparency of the increase in the member in each level (the level) and the opportunity to be successful to anyone. The increase in the position for anyone in the profession indeed was received disetiap efforts. So as the increase in the level in the MLM system was something that was permitted while being done transparently, not menzhalimi the available side below, was on the same level and above.

- the Right and the opportunity that were received in accordance with the achievement of the work of the member. A member or the distributor usually gets the profit from the sale that was carried out by himself and was carried out down line him. The receipt of the profit from the direct sale that was carried out by himself was something that normally in the trade, as for the receipt of the percentage of the profit is received by him as a result of efforts down line him was something that was permitted in accordance with the agreement that was agreed to together and did not happen kedholiman.

3. MLM was means of selling the product (the thing or the service), not means of getting money without having the product or the product of only camouflage. So as that happened was money game or the social gathering in sequence that was the same as gambling and his law was forbidden.

4. The product that was offered his clear permission , because of the member not only the consumer of this thing but also marketed to that was other. So as he must know the status of this thing and was responsible to the other consumer.

These limitations could perhaps be useful, especially and for Indonesian Muslims in order to be able to become one of ways out from the economic crisis. Wallahua’lam bishshawab.

HM Cholil Nafis Lc MA, Vice Chairman of Lembaga Bahtsul Masa’il PBNU