Selasa, 31 Januari 2012

Prohibition of sale and purchase which contain elements of fraud.


                                                                     INTRODUCTION
A. Background
Islam is perfect because everything is already set in the Al-Quran and Al-Hadits.Penipuan is a form of human work to produce a profit for themselves, no doubt more people live in this world with diverse abilities and habits different, each would like to have each other, they interact with each other, from the beginning of understanding, science, education, business, and buying and selling, only to sustain life. Any way they do any obstacles to find the treasure (money) and one of them is jualbeli.
Said sale may already be familiar to hear, but it should be noted that the sale was not as easy as what we imagine. In the law there is in buying and selling and allow others are prohibited. As fraud is often the case.

B. formulation of the problem
In this paper I try to examine the hadiths about fraud in the distribution of goods, penulisakan explain the formulation of the problem is the reference in the discussion. The formulation of the problem in the discussion paper are:
What's in the Hadith, a brief biography of the narrators of hadith, hadith How to position, Analyze hadith, what lessons can be taken in the Hadith.

C. Destination
1. Assessing the economic hadith berkaitandengan fraud in the sale and purchase.
2. Knowing the content of the hadith about the fraud in the sale and purchase.
3. Determines who biografiperawihadits.
4. Knowing what position hadeeth saheeh or not.
5. Knowing the meaning of the hadith about the fraud in the sale and purchase.
6. Knowing what dapatdiambil lessons of hadith.

                                                                  DISCUSSION
A. MatanHadits
 Prohibition of sale and purchase which contain elements of fraud.
عن أبي هريرةرضي الله قال: أن النبي صلى الله على وسلم نهى عن بيع الحصاة وعن بيع الغرر. (رواه الجماعة إلا البخاري)

            
Hadiths to 2788.
Meaning: From Abu Hurairah RA, iamengatakan,''Prophet forbade sale and purchase by using gravel and sale of goods menggandung fraud (vague ).''( HR.Jama 'ah except Al bukhari) [1]

B. Biography Hadith narrator
Abdur-Rahman bin Abu Hurairah is Shakhr Ad-Dawsi (one of the tribes in Yemen), the name of Islam that the Prophet gave, as a substitute for the name of the ignorance that is Abdussysyams Shakhr bin. Later in the call by Abu Hurayrah that the Prophet also means his father when he saw a cat carrying a small cat. Indeed he was very menyanyangi cat, in every day he always took it to where it goes and at night at a place in the trees. Pet name that is given the nickname Prophet then became known that his real name is rarely heard. [2]
Abu Hurayrah to Islam in year 7 AH in the battle of Khaibar and died on 57 H in Al-Aqiq strong opinion. He is a resident commander shuffah, who spent his time to worship. Suffah is a haven of the Companions who zahit dimasjid nabawi. Abu Hurairah one of his best friend who got a prayer of the prophet in order to memorize what he hears.
In one hadith in riwayatkan by Al-Bukhari, Muslim, and al-Tirmidhi, he said:''I said yes Apostle of Allah! I heard from you for some things (hadith), but I have not memorized. ". Prophet said: "spread selendangmu,''I spread it. After that, he preached many traditions to me and I never forget a thing.''
Abu Hurairah has admirable traits among wara ', piety, and ascetic. He is also a useful candais and humorous. And at night he always praying all night in khusyu tahajud '.
And Abu Huraira was among the friends of the largest in the transmission of hadith. According to Baqi 'bin Mukhallad tradition as much as 5374 pieces. He took this tradition from about 800 friends and tabi'in. Then narrated by the narrators in the books of hadith and the parent 6 in Al-imam malik imam ahmad Muwaththa'dan musnadnya in the book. Imam Al-Bukhari narrated from him as many as 93 pieces of hadith and Muslim traditions as many as 189 pieces. Ibrahim Abu Isaac ibn Harb al Askari (w.282 H) collecting the hadiths narrated by Abu Hurayrah in musnadnya and naskhahnya still exist in the library of Turkey.
There are several factors the number of transmission that was obtained Abu Huraira are as follows:

a. Diligently attend the majlis-majlis prophet of Allah.
b. Always accompany the messenger of God, because he is a resident shuffah Nabawi mosque.
c. Strong memory, because he was one friend who got the prayer of the prophet so hapalannya never forget what he heard from the Messenger of Allah.
d. Many met with the senior companions even prophets have died. He was aged 78 years is long enough and is still alive 47 years after the prophet's death. [3]

Abu Hurairah died in the medina in the year 57 H in 78 years all the time is spent for berkhidmah the hadith the prophet.

C. Tahkrij Hadith
· This hadith in Sahih Muslim took in summary, the discussion about the sale and purchase, the chapter "cancellation of sale and purchase of gravel", hadith No.. 939.
· This hadith is narrated in the Book Summary Nailul Authar, Hadith No.2788.
· Ibn Majah also narrated No.2194.
· Book Nasa'INo Saheeh Sunan An-101.
· Sunan Abu Dawud also narrated in Saheeh Summary shahihnya in the Book of Sunan Abu Daud No. 3376.
· Sunan At-Tirmidhi also narrated in the Book Summary dalamsahihnya Saheeh Sunan At-TirmidziNo. 1230.

D. Status of Hadith
The position is a saheeh hadeeth, because the hadith is narrated in the books that are already recognized keshahihannya as narrators in Sahih Muslim, Book Summary, Muhammad Nashiruddin Al Albani, Hadith No. 939 and other authentic books.

E. Vocabulary Hadith
Bai'Al Hashah: hashah buying and selling properties is a seller to the buyer said: "Throw this pebble, where clothes are exposed, then it becomes yours," or a person sells his land as far as throwing the pebbles. [4]
Al Gharar: It is a fraud (uncertainty)
Ibn irfah said, "The sale and purchase by way of deception is the sale and purchase of deceptive outward form and shape it is not known. Object is unknown. Buying and selling a fool collects many dangers in a variety of sides. The basis of the deception is reduced.
From: عن
Behold: أ ن
Prohibit: نهى
Gravel: الحصاة
Fraud (uncertainty): الغرر
Sale / jualbeli: بيع
F. Analysis of Hadith

  
Buying and selling hashah (gravel) is the sale and purchase where the buyer uses krikil in buying and selling. Gravel was thrown to the wide range of goods sellers. The goods will be purchased on an item and when it came to pass purchase. From the words of the prophet: From Abu Hurayrah that the Messenger of Allah forbade selling and buying and selling hashah gharar. Buying and selling hashah also includes gharar, this practice is widely available today in the entertainment center. [5]
Buying and selling according to the Arabic meaning gharar al-gharar is, al-khathr (betting). So the Shaykh al-Islam Ibn Taymiyah stated, al-gharar is unclear results (al-'aqibah majhul). Meanwhile, according to Sheikh As-Sa'di Al-gharar is al-mukhatharah (betting) and al-jahalah (vagueness). About this entry in the category of gambling. So this explanation can be retrieved from the definition contained gharar trading is buying and selling all of which contain obscurity; betting, or gambling. Sale and purchase of gharar or uncertainty that contain forbidden in Islam.
on the concept of production: At the present time, to increase product sales, the producers make an offer by the lure of prize, feature of this promotion we can get on the market, with various types and tricks.
Like to get involved in a sweepstakes prize or is, required to purchase certain products. Gift, not all consumers can get it. In other words, there is a prize and some are not.
The way promotions with prizes like this are not allowed or forbidden. The reason, in which an element maysir and qimar. Because, every consumer has to pay, but did not get certainty in terms of getting the prize. Namely, it is not known who will get a prize and who is not. From this side also contains elements of gharar.
on the concept of distribution, sell products with no certainty of sellers like to sell something that is not yet know the condition of the items purchased.
Another example in the financial institution insurance, akadnya Many Containing Gharar, Akad insurance contains a lot of things that are less certain contract aka gharar. That is each party's insurer and the insured did not know exactly the amount he owes and the amount he took, at the time of contract hold.
People who take out this insurance can not know with certainty what will be gained from participation in an insurance agency, Similarly, any insurance company can not know with certainty, how much would take money from customers. If any, it is still a forecast or assumption. Though this contract is a contract should be clear, how much should be paid and what will be obtained.
Various kinds of gharar sale:

1. Bai 'Ma'dum
Ie buying and selling goods that do not exist or not exist (eg: selling goat kids are still in the womb). Ba'i Ma'dum prohibition is in accordance with the traditions of the Prophet that says "Do not sell something that is in you" (HR Khamsah of Hakim Bin Hizam). But the Bay 'Ma'dum can be done when the goods sold can be measured with certainty and delivery can be ascertained and appropriate' urf.
For example:
l Selling camel boy who is still in the womb
l Selling fruit still on the tree (immature)
l Selling milk of animals that are still in the breasts (It looks great, it turns out it fat, liquid milk), here there is speculation, it is unclear
l Offers to buy goods that are not / not yet exist

2. Bai Ma'juz at-Taslim
That is a difficult trading in the delivery of goods (eg: selling hp motors are missing or are still missing in the search).
For example:
· sale and purchase a motor that is lost and still in search
· sale and purchase HP is still borrowed people (friends) who run away
· sale and purchase property that has not been clear land status (release)
· Selling pet birds (like pigeons) which may return to the hive.

3. Ba'i Majhul
Ie buying and selling goods of unknown quality, genius, brand or quantity (eg radios that do not sell brand dijelakan). When small majhulnya level so as not to cause conflict, then the sale of legitimate, because keidak knowledge does not preclude the submission and receipt of goods (eg sale of fruit based on the kilogram but in the stack).
For example:
· That is buying and selling goods of unknown quality, type, brand or quantity.
° such as murabaha sale of Nokia phones that are not described type.
· sale and purchase brand radio that is not explained.
· sale and purchase it banned because it contains gharar (not clear, not sure which products would be bought).

4. Ba'i Juzaf (Estimate)
Ie sale and purchase of items commonly mixed, weighed and counted, but done in appraiser / estimates (eg: selling a pile of clothes without knowing the number).
For example:
· Selling a stack of food without knowing the exact proportion
· Selling a pile of fruit without knowing the severity of
· Selling a pile of fish without mengetahuai how many kg
· Selling a pile of clothes without knowing the amount

5. Ba'i Muhaqalah
Ie sell plants that are still in the fields or in fields (debt bondage).

 
6. Ba'i Mukhadarah
Ie selling of fruits that have not deserved at harvest.

7. Ba'i Mulamasah
Ie buying and selling that occurs in a way just to touch an item at random (eg: a person who touches a product with the hands at night, then the people who have touched the fabric means the fabric has been purchased).
For example:

    
Buying and selling a touch-touch. Suppose a person touches a product with a hand on the night or day, then the people who touched the meaning it has bought the cloth

    
Buying and selling is forbidden jarena contain gharar. It is unclear where the goods are touched

8. Ba'i Munabazah
Ie buying and selling a throw-throw, so that goods are not clear and uncertain.
For example:
· sale and purchase a throw-throw, so that objects goods unclear and uncertain, whether the items A, B, C or other
° such as one says, "Throw me what you have, it later also threw you what I have." After throwing the goods, then there was the sale
· sale and purchase bought this also contains gharar is prohibited.

10. Ba'i Muzabanah (Barter Fruits)
That is the bargain which uses food as a tool is still unclear payer (eg fruits while still on the tree that is still wet /can not be eaten sold as payer to obtain dates for food).
For example:
· Fruits while still in the tree that is still wet (not edible) sold as a means of paying for dates and dry grapes (edible). Delivery in the future (future).
· sale and purchase is prohibited because the fruit on the tree can not ascertain the quality and quantity. So just based on forecasts / estimates. So the Apostle of Allah forbid.
· Since there are feared one of the aggrieved party. Buying and selling it also contains gharar.

11. Bai 'Hashah
Ie sale and purchase where the buyer uses a pebble in the sale and purchase (pebble thrown to a wide range of goods sellers, and gravel on an item to be purchased and when it came to pass purchase).

12. Hablul Habalah
· Someone sell me a baby camel are still in their mothers belly.
Such buying and selling was banned, because it contains gharar (uncertainty)
    
13. Madhamin and Malaqih
· Madhamin is selling the sperm of animals,
in which the Seller carrying male animals to female animals for breeding. Son of the mating of animals that belong to the buyer.
Malaqih, Sells animal fetus is still in the womb.

         
Law halal and haram in Islam has been set very clearly. This is one of the gifts of God and the evidence for the accuracy of the minutes of the Prophet brought. If not, may be found many things that are opposite each other in a matter of law and rules. [6]
As an example we take kaedah this prohibition, that is not a command or prohibition, but inside it contains a welfare and benefits, whether viewed from the side of religion and human life, both globally and in the hereafter. Allah Subhanahu wa Ta'ala says:

It means. "(He) who told them to do that prohibit them from doing good and doing the wrongdoing and justifies for them all the good and forbid evil things to them" [al A'raf: 157]

In the discussion of issues and jualbeli mu'amalah, legal origin is allowed and halal.Tidak no prohibition and no illicit status, to obtain proof of Shari'a are set.
God SubhanahuwaTa'alaberfirman:

It means. "And God menghalalkanjual-purchase and forbidden usury". AlBaqarah: 275.
Throughout the pleasure, honesty, fairness inherent in a process mu'amalah and jualbeli, without any elements of sleaze and kezhaliman, form of transaction is allowed. God SubhanahuwaTa'alaberfirman:

It means. "O ye who believe, do not eat each other treasures by way of a vanity thy neighbor, except by way of commerce that goes with diantarakamu consensual". [Annisa: 29].

G. The lessons can be taken from the hadith

a. We can know how well the distribution of goods, there should be no element of fraud in it.
b. Pulahlah thus appears honesty in buying and selling process.
c. Creating a sense of justice.
d. Knowing the prohibitions and commands that have been in syariatkan.
e. Will arise a sense of responsibility in the soul Tangggung the sellers and buyers.
f. Menjalangkan Islamic Shari'a.
g. Create healthy competition in the sale and purchase.
h. Can menjalangkan sunahrasul.
i. Prohibition of sale and purchase with gravel, which means it is haraam and invalid akadnya. [7]
j. Hadiths indicate prohibition on the sale of containing fraud and demanded the ban was unlawful from the breakage of contract law.

                                                                            CLOSING
A. Conclusion
Inside we distribute goods or sell goods in we have to consider how the ways of measuring scales to prevent fraud, and much fraud in the sale and purchase, the above explanation is very clear about the restrictions in jualbeli, many hadiths that contains an explanation of the prohibition in jualbeli. Any what is forbidden by Allah and His Messenger surely bring benefit for life in the world and kelaknanti in the Hereafter, and be assured that God almighty look at what we do.
Al Khida 'or the elements of fraud are very dangerous, as where it is mentioned in a hadith narrated by Abu Hurairah he said:
That is. "Verily the Prophet passed someone who was selling food, then he asked him: How did you do jualbeli? Then he preached to him, then revealed to him in order to insert your hand into it, then he put his hand into the food, the food he was getting wet, lalubersabda: Not one of those people who deceive us "(HR.AbuDaud, no.3435). [8]

B. Suggestion
Similarly, can I lay out a paper on this matter which became the subject of this paper. Obviously a lot of flaws and weaknesses due to lack of reference that has to do with this.
Many writers hope readers willing to give constructive criticism and suggestions for the perfect paper, and writing the next paper. Hopefully this paper can be particularly useful for writers and readers in general.

REFERENCES
· Al-Albani, Muhammad Nashiruddin, Summary of Sahih Muslim, New York: 2006.
· Al-Albani, Muhammad Nashiruddin, ShahihSunan At-Tirmidhi, New York: PustakaAzam, 2006.
· Al-Albani, Muhammad Nashiruddin, ShahihSunanIbnuMajah, New York: PustakaAzam, 2007.
· Al-Albani, Muhammad Nashiruddin, Sunan Abu Daud, London: PustakaAzam, 2006.
· Muhammad Ridwan, Sharif Abdullah, imam malik al-Muaththa ', Jakarta: Library Azam, 2007.
· Khon, Abdulmajid .. ulumulhadis.jakarta.amzah.2004
° / blog-artikel-islam/kaidah-halal-haram-dalam-jual-beli /
· Syaih Faisal bin Abdul Aziz Alu Mubarak, Nailul Authar, jakarta, azam library
· Abdullah bin Abdurrahman Al-Bassam, Sharh bulughul maram jilit 4,
· Http://akusuhendar.wordpress.com
· Http://almanhaj.or.id/content/2631/slash/0
[1] Reported by Muslim, KitabJualBeli, chapter on the prohibition of sale and purchase of gravel.
[2] Abdul majid khon, Ulumul hadith, halm.247
[3] Masyfuk Zuhdi, introductory science of hadith, halm.128
[4] Sharh bulughul maram jilit 4, chapter sale, 274 pp.
[5] http:wordpress.com/jual-beli-islami/
[6] http://akusuhendar.wordpress.com, prohibition of gharar sale.
[7] Sharh bulughul maram jilit 4, chapter sale, 275 pp.
[8] Sunan Abu Dawud, chapter jualbeli

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