Terjemah Harta Haram Description
DEFINITION OF HARAM PROPERTY:
What is meant by unlawful assets is any property obtained from a path that is prohibited by the Shari'a [1]
FACTORS CAUSING THE ACADEMIC BECOME ILLEGAL AND THE RESULT IS HARAM PROPERTY
There are 3 factors that cause an invalid contract so that the result becomes illicit property, namely: usury, gharar and zhulm.
Ibnul Qayyim Rahimahullah said, "A contract that does not contain elements of gharar, usury and zhulm is impossible to be prohibited by Shari'at [2]"
Ibn Utsaimin Rahimahullah also said, "The factors causing muamalat to be forbidden are usury, zhulm and gharar" [3].
The following will briefly explain the meaning of the factors that cause muamalat to become forbidden.
1. Riba
In language, usury means to increase, while according to the term usury is to add a burden to the debtor, or to add a measure when exchanging 6 commodities (namely; gold, silver, wheat, poetry, dates and salt) of the same type, or exchanging gold for silver and food for food in a cashless manner.
Riba is divided into
• Riba Dain: Riba whose object is the addition of debt • Riba Ba'i: Riba whose object is a sale and purchase contract.
2. Gharar
In language, gharar means risk, deceit, and dropping oneself or property into the abyss of destruction. In terms of gharar is buying and selling with no clear end. Some Ulama define it as buying and selling whose consequences are between there and not.
Types of gharar that are forbidden:
a. The ratio (percentage) of gharar in the contract is large. If the ratio (percentage) of gharar in a contract is very large then this contract is forbidden. Al-Baji said, "Gharar in large quantities, that is, the ratio in the contract is too large so that people say that this sale and purchase is a sale and purchase of gharar."
b. The existence of gharar in the contract is fundamental.
If the existence of gharar in the contract is the subject of the contract, then this contract becomes unlawful. Ibn Qudamah Rahimahullah said, “Gharar contained in a contract whose status as a follower is permissible…. such as: selling lactating goats (selling milk in animal milk bags contains elements of gharar, but it is permissible because its status is only as a participant in the transaction), pregnant livestock (selling the fetus in its mother's stomach contains gharar, but is permissible because its status is only as participant in the transaction)….. and it is not permissible if it is sold separately (such as selling only livestock fetuses that are still in their mother's stomach)”
c. Contracts that contain gharar are not included in contracts that are needed by many people.
It is permissible to enter into a contract that contains gharar if the contract is needed by many people, whereas if it is the other way around then the contract becomes unlawful. Imam Nawawi said, "If a contract that contains gharar is very important, if it is prohibited it will greatly complicate human life, then the contract is permissible."
d. Gharar that occurs in buying and selling agreements.
It is permissible to enter into a contract that contains gharar if the contract occurs in a grant/will, while buying and selling contracts are prohibited.
What is meant by unlawful assets is any property obtained from a path that is prohibited by the Shari'a [1]
FACTORS CAUSING THE ACADEMIC BECOME ILLEGAL AND THE RESULT IS HARAM PROPERTY
There are 3 factors that cause an invalid contract so that the result becomes illicit property, namely: usury, gharar and zhulm.
Ibnul Qayyim Rahimahullah said, "A contract that does not contain elements of gharar, usury and zhulm is impossible to be prohibited by Shari'at [2]"
Ibn Utsaimin Rahimahullah also said, "The factors causing muamalat to be forbidden are usury, zhulm and gharar" [3].
The following will briefly explain the meaning of the factors that cause muamalat to become forbidden.
1. Riba
In language, usury means to increase, while according to the term usury is to add a burden to the debtor, or to add a measure when exchanging 6 commodities (namely; gold, silver, wheat, poetry, dates and salt) of the same type, or exchanging gold for silver and food for food in a cashless manner.
Riba is divided into
• Riba Dain: Riba whose object is the addition of debt • Riba Ba'i: Riba whose object is a sale and purchase contract.
2. Gharar
In language, gharar means risk, deceit, and dropping oneself or property into the abyss of destruction. In terms of gharar is buying and selling with no clear end. Some Ulama define it as buying and selling whose consequences are between there and not.
Types of gharar that are forbidden:
a. The ratio (percentage) of gharar in the contract is large. If the ratio (percentage) of gharar in a contract is very large then this contract is forbidden. Al-Baji said, "Gharar in large quantities, that is, the ratio in the contract is too large so that people say that this sale and purchase is a sale and purchase of gharar."
b. The existence of gharar in the contract is fundamental.
If the existence of gharar in the contract is the subject of the contract, then this contract becomes unlawful. Ibn Qudamah Rahimahullah said, “Gharar contained in a contract whose status as a follower is permissible…. such as: selling lactating goats (selling milk in animal milk bags contains elements of gharar, but it is permissible because its status is only as a participant in the transaction), pregnant livestock (selling the fetus in its mother's stomach contains gharar, but is permissible because its status is only as participant in the transaction)….. and it is not permissible if it is sold separately (such as selling only livestock fetuses that are still in their mother's stomach)”
c. Contracts that contain gharar are not included in contracts that are needed by many people.
It is permissible to enter into a contract that contains gharar if the contract is needed by many people, whereas if it is the other way around then the contract becomes unlawful. Imam Nawawi said, "If a contract that contains gharar is very important, if it is prohibited it will greatly complicate human life, then the contract is permissible."
d. Gharar that occurs in buying and selling agreements.
It is permissible to enter into a contract that contains gharar if the contract occurs in a grant/will, while buying and selling contracts are prohibited.
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