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