Kamis, 04 September 2008

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

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