FORBIDDEN SALES (FORBIDDEN SALES DUE TO GHARAR (2) BAY' AL-GHARAR…
FORBIDDEN SALES DUE TO GHARAR
bet of money or something of material value with an uncertain outcome with the intention of wining additional money or additional material goods
2) BAY' AL-GHARAR
sale of uncertainty
Gharar sale is:
Sale of something which is not known to exist or not
Sale of something whose characteristics is unknown
sale of something which undeliverable
for example: I sell goods for a thousand ringgit," but the goods are not clearly known
3) BAY' AL-MULAMASAH
is a touch sale
person who has made contact with the clothing of the other with his hands either at night or day and he did not expect that he has to buy the cloth as he touch the cloth.
4) BAY' AL-HASAH
is a pebble sale
For example: :"I sell to you any of these clothes from these clothes that are hit by the throw of the stone I'm throwing”
5) BAY' AL-MADUM
refers to the sale of non-existent.
Examples of prohibited contracts
Bay’ al-Madamin : the sale of animal fetus in the female animal
Bay’ al-Malaqih : the sale of what that may exist from the semen of male animal
Bay’ habal al-Habalah : the sale of the future fetus of the current animal’s fetus
Bay’ al-Janin: the sale of animal fetus
Bay’ Asb al-Fahl : the sale of the male’s animal breeding
6) SALE OF THE FISH IN THE OPEN WATER
for example: "I'm dive into the sea and anything I get out of the sea, then the goods are sold to you with so much price."
7) BAY’ AL-THIMAR QABL BUDU SALAHIHA
sale of fruits that are still green.
buyer buys the fruit with the intention of getting the fruit that has been ripe while the fruit is still not ripe as if the buyer bought something that has not been finish.
FORBIDDEN SALES DUE TO INTIHAK AL-HURMAH AL-SHAR'IYYAH
Sale during the sermon of Jumu'ah Prayer for men
Sale of prey hunted by a muhrim
Sale of impure/unpurified
ex: pork, swine
Sale of prohibited items
ex: liquor, pornographic items
Another example is he steal the shoes and then he sell the shoes to other people
Invaluable property, prostituition and fortune telling
Mahr al-Baghi (Price of prostitution)
Hulwan al-Kahin (payment for fortune telling)
The sale of invaluable property such as dog
FORBIDDEN SALES DUE TO DARAR
The Islamic Jurists state that the shariah ruling are designed to achieve
•Securing benefit for mukallaf
• Elimination of harm/evil
Darar could happen on:
• Al-Nasab (Lineage)
• Al-Mal (Wealth)
• Al-`Aql (Mind)
• Mubasharah (Direct) - Killing other directly
• Al-Nafs (Life)
• Tasabbub (Indirect) – Digging a hole where other people falls in
• Al-Din (Religion)
• Maddi (Tangible)
• Ma`nawi (Intangible)
SALES WHICH PROHIBITED IN ISLAMIC JURISPRUDENCE DUE TO DARAR ELEMENTS:
III. Bay al-muslim
Akhih (Interference Sale)
Buying and selling on his brother`s purchase
IV. Najsh (Articial price hiking)
Najaj: It is the one who increase the price, whether in agreement with the seller or not.
The seller says to the buyer about the item he wants to buy. “someone would like to buy this item for RM 30.00”. (actually, it is a liar to deceive the buyer and increase the price)
The increase in the price of a goods who does not want to buy it.
II. Bay al-hadir li al-badi (Sales of City Dweller to Desert Dweller)
The practice of city dweller sells item few by few to desert dweller in order to get higher price while other city citizens in needs of that items.
City dweller who does not sell his foods or similar items except to a certain rural area (to get higher profit)
The practice is haram and cause harm to public and sale is revocable.
V. Ihtikar (Hoarding)
Act of accumulating staple foods and hiding them due to price increase for the next future.
Ihtikar is difference between Iddikhar because it saving food as a preparation for hardship.
Ihtikar prohibited at any time if it relates to staple food
I. Talaqqi al-rukban (Meeting of Desert Dwellers)
The seller may not know the current price and may be defrauded
Meeting seller on his way to the town and buying from him the goods before the seller ever reach the market.
Hanafiah: Sale is valid but makhruh tahrimi
Shafi`iyyah and Hanabilah: Sale is valid but haram
Malikiyyah: Sale is defective (fasid)
VI. Bay` al Silah fi al Fitnah (Sale of Weapon During Fitnah)
When there are enmity between Muslims, the sale of weapon to any side of parties is prohibited as it may lead to worse warfare.
Same goes to selling weapon to enemy of Muslim is prohibited (Al Imam al-Hasan al-Basri)
VII. Al-Rashwah (Bribe)
What is given/paid to terminate right/truth is wrong, injustice and a crime.
Darar (damage) invalidates or defect the contract in Islamic Jurisprudence
FORBIDDEN SALES DUE TO RIBA'
MEANS : increase , addition , expansion
every excess in return of which no reward or equivalent counter value is paid
TYPE OF RIBA'
RIBA' AL-DUYUN ( RIBA' IN DEBT )
AS KNOWN AS :
riba' al-qurud ( riba' in loan )
riba' al- jali ( apparent riba')
riba' al -quran ( prohibited al-quran )
riba' al-jahiliyiah ( widely practiced by Pagan Arab)
riba' al-nasi'ah ( compounds due to deferment of payment )
RIBA' AL BUYU ( RIBA' IN SALES)
an increase in compensation for deferring a due debt to a new term of deferment
AS KNOWN AS :
riba al-khafi ( upapparent riba')
riba al-sunnah ( is prohibitted in tradition of Prophet )
riba al - fadl
riba al- naqd
TYPE OF RIBA AL-BUYU' :
( HANAFIYAH , MALIKIYYAH , HANBALIAH )
Riba' Al- Fadl - an increase in measure
Riba al- nasi'ah - an increase due to deferment
TYPE OF RIBA' AL BUYU' : ( SHAFIYYAH )
Riba' al- Fadl - increase of an traded set of goods
Riba Al- Yad - occur in trade with deferment of receiving ( qard ) one of the compensation
Riba' al- Nasa - an increase due to deferment one of the counter values
PROHIBITION OF RIBA' AL BUYU' :
To avoid Ghabn
To avoid unequility
EXAMPLES OF SALES CONTRACTS PROHIBITED :
Bay al- Muzabanah
Bay Al Muhaqalah
Sale of Gold , silver and currencies with deferment
The combination between sale and loan
Bay Al-Inah - sale and buy back \ same item resale