Buy and Sell in Islam: Understanding, Proof, Terms and Contemporary

Humans are basically social creatures which means they can not be separated from the lives of others. Humans will not be able to solve their life problems alone. When hungry, need to eat. When bored, need to leave.

When thirsty, need to drink. Can they do it themselves? Is not to be able to get food they need people who make food or at least who make ingredients for food. However humans can not be separated from other human roles.

One of the most important roles in human life is when they meet their needs by making a sale and purchase transaction. This buying and selling activity has generally been carried out since time immemorial with various systems ranging from barter, commodity money to paper money as is commonly used now although in the end the community has entered the era of cashless society.

This is an era where paper money that is normally held in the palm of a hand or in a pocket is no longer felt because they have changed to digital form. So the payment instrument is now an e-payment such as GoPro, ovo, funds, just a link and so on.

Apart from the dynamics that occur in the sale and purchase transaction both in terms of the method and in terms of the media, what deserves attention is whether the sale and purchase are now in accordance with Islamic law. In this article, we will discuss more about buying and selling in Islam.

Also Read: The Philosophy of the Islamic Economy .

Understanding Buying and Selling in Islam

Discussion related to buying and selling in Islam is divided into 2 parts, namely in language and in terms. In language, buying and selling comes from the word al-bay’u which means to take and give something. There are also those who interpret it as the activity of exchanging assets for assets.

The word al-bay’u is a derivative of the word al-bara which means fathom. Why Fathom? Because at that time the Arabs held out their fathoms when buying and selling transactions which were then accompanied by clapping their hands as a sign that all transactions / contracts had been running smoothly and there had been a transfer of ownership (taqabudh ).

As for the term, buying and selling in Islam is an exchange transaction that has an impact that is the exchange of ownership (taqabbudh ) which will not be valid if it is not carried out along with the correct contract both carried out by verbal / verbal or deed. This understanding is referred to in the Taudhihul Ahkam book .

In addition, when referring to the book of fiqhus sunnah written by the scholar Sayyid Sabiq, the notion of buying and selling in Islam becomes a transaction of exchanging assets carried out like or likewise it can also be called the process of transferring ownership rights to another party with certain compensation that must be in accordance with sharia corridors.

What is included in the sharia corridor? There are at least two things that must be considered so that buying and selling is included in the sharia corridor, namely the substance of the goods is not illegal goods and how to obtain them is also not by illegal means.

The opinion of the Imam of the Mazhab regarding the Sale of Islam

The priest of the Mazhab including Malikiyah and Hanafiyah also defined the sale and sale of Islam. The Hanafiyah scholars define the sale of Islam in exchange for property (property) with property in a special (permitted) way. As for the Malikiyah scholars define the sale of Islam in 2 definitions.

These are general definitions and special definitions. In general, selling in Islam is an alliance of exchange for something that is not profitable and enjoyable. Later on in the specification, the exchange exchanges something that is not profitable and also opens up the deliciousness that has its appeal, the exchange is not gold and not the silver it can be realized and in place. Nor is it a loan item and the nature of the item is obvious.

Also Read: The Types of Deals in P2P Lending.

The Law of Buy and Sell in Islam

Transactions or trading activities certainly have a clear basis in the Qur’an and Sunnah. Among them QS. Al-Baqarah [2]: 275 which means, ” Allah justifies buying and selling and forbids usury “.

In another verse related to the sale, Allah spoke in QS. An-Nisa [4]: ​​29 means,

” O ye who believe, do not eat of your neighbor’s goods in unprofitable ways, except in the manner of business that is pleasing to you. and don’t kill yourself. Verily, Allah is Most Merciful to you. ”

The Prophet was once asked, ” What is the best profession? “He replied, that the best profession of man is all the work done by his hands and that of his sale and purchase transactions without breaking the boundaries of the Shari’ah.” (Hadith of shahih with a lot of history, narrated by Al Bazzzar 2/83, Judge 2/10; cited from  Taudhihul Ahkam  4 / 218-219).

In Nabawiyah sirah many have explained that the Prophet Muhammad was a trader. Even good traders. In history it is stated that the Prophet Muhammad SAW during trading never lost or returned capital. All that is sold will eventually bring profit.

Especially since he was about 8 years old, he helped his uncle Abu Talib to trade and shepherd sheep. Interestingly, the request did not come from Abu Talib but was spoken directly by the Prophet Muhammad.

The Pillar of Islamic Buy and Sell

Buy-out will be valid and valid when it is carried out in harmony. If there is one rule that is not fulfilled then the sale is considered invalid. In connection with these principles there are at least two opinions of scholars.

According to the Hanafiyah scholars, the only rule of sale and purchase was the only Kabul ( shighat ). As for the Jumhur Scholars who state that the principle of buy-in is made up of at least 4 things, including:

  1. Aqidain(2 people who are good buyers and sellers),
  2. Buy-Sell Objects,
  3. Ijab Kabul ( shighat),
  4. Exchange rates.
Also Read: Is P2P Lending Halal?

Terms of Sale in Islam

The terms of sale in Islam are in accordance with the rules included in the sale. The precepts mentioned earlier will be perfect with the following conditions.

In relation to the aqidain (2 people with the intention ) it is worth noting that there are wise and two different people. The sale made by an insane person is not valid.

For buying and selling objects there are 4 things that need to be considered including,

  1. The existence of the item must be visible,
  2. Can be used and useful,
  3. Owned by the seller, not allowed to sell goods that are not owned by the seller.
  4. Submitted immediately when the contract.

It should also be noted that the conditions described are general trading conditions. The current buying and selling that takes place in the online world will be discussed in the next sub-chapter.

In terms of shighat that needs attention is the willingness of both parties. This is because there is a muamalah rule, namely an taradin minkum (likes and likes / has a willingness to each other).

Finally, related to the value of money / the exchange value of goods sold, there are five things that must be considered, including:

  1. Holy (No unclean thing),
  2. Can be handed over / moved,
  3. There are benefits,
  4. Owned or represented,
  5. Known to sellers and buyers.

Forbidden Sale

Prohibited buying and selling is generally caused by two factors, namely because it does not meet the harmony and conditions of sale and purchase and because there are other adverse factors.

Non-compliance and conditions include selling illegal substances such as pigs and khamr , unclear items such as selling unseen fruits or calves that are still in their mother’s possession, and conditional selling.

Buy-offs caused by adverse factors include buying and selling of people still bargaining, selling with barriers to trading outside the city / market ( talaqqi rukban ), and buying items by wholesale to then hoard and resell when the price goes up ( say ).

Also Read: Unsecured Shariah Loans?

Types of Buy and Sell in Islam

Buying and selling in Islam has several types which are divided into 3 categories, namely based on the comparison of selling and buying prices, based on the object being traded and based on the time of delivery of goods / funds.

Related to the comparison of selling and buying prices, buying and selling is divided into 3 types, namely murabahah (buying and selling profit), tauliyah (buying and selling at capital price), and Muwadha’ah (buying and selling at a loss)

Based on the object being traded, the types of buying and selling are divided into 3 types, namely muqayadah (barter), Mutlaq , Sharf (currency).

Finally, based on the time of delivery of goods / funds, buying and selling is divided into 4 types, namely Ba’I bi thaman ajil ( installments ), Salam (messages), istishna (messages), istijrar.

Buy and Sell Online

In today’s digital era, buying and selling activities are no longer held as usual where a physical seller meets a physical buyer. The presence of the internet makes it easy for all forms of transactions including buying and selling transactions which are then known as buying and selling online.

Who does not know the marketplace or e-commerce such as Bukalapak, Tokopedia, Shopee, Lazada and Matahari Mall. Maybe you are the one who used it.

However, the basic question is whether buying and selling online is allowed in Islam? Because in buying and selling online there is no face to face between sellers and buyers. The goods being traded are also still in the form of images and cannot be seen directly.

Dr. Oni Sahroni in his book Fikih Muamalah Contemporary: Discussing the Economy of the Present mentions that online trading is permissible as long as the provisions relating to the item are halal and clearly the specifications are met.

In addition, the seller must give the buyer’s rights (option to continue / cancel) to the buyer if the goods received do not match what has been explained by the seller.

The ability to buy and sell online law is based on AAOIFI’s international syariah standards, and the MUOI DSN fatwa is related to the sale of ijarah and muamalah fiqh principles.

Islam makes it easy for everything that is done by its people, especially in terms of muamalah. Concerns about the obscurity of the items to be bought at the online sale and purchase must be addressed by clarifying the picture of the product displayed and the specification explanation as detailed as possible by the seller. If there is a defect in the product being sold, the seller must convey this.

 

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