Rabu, 19 Februari 2014

Shari'ah of Trading

Tenets concepts and jurisprudence Akad Tenets

Tenets is one thing that is very important in building the economy of Muslims . Meanwhile , the expected goals of the economic development of Islam as propounded by economists Pakistan Dr.M.Umer Chapra Namely : Eradicate extreme poverty and mencipkatan first employment and high growth rate , the second Improving the stability of real value for money , the third Maintaining law and order , fourth Enforcing social and economic justice , public safety and the fifth Organize divide opinion and wealth equalization , sixth Aligning international relations and national defense . Bermuamalah is something that is important in this life .

Tenets in economics example is trade or buying and selling is done by members of the public . In Islamic law , commerce and the sale is known as tijarah and Buyu ' . Commerce is one way in which humans to meet their needs .

In a trade / transaction required the presence of Islamic Shari'a contract . In the jurisprudence muamalah contract is divided into two parts, namely the contract tabarru ' and contract tijarah / mu ' awadah . Tabaru contract ' ( gratuitous contract) is an agreement that involves all sorts of not-for -profit transaction ( transaction -profit ) . In essence the contract tabaru ' done with the purpose of mutual assistance in order to do good ( tabaru ' is derived from the Arabic word birr which means goodness ) . Examples tabaru agreement ' is an agreement to borrow money ( qard ) , the form of loans ( if the borrowing money lender requires collateral in the form or a certain amount ) called rahn , lending to take over the accounts of other receivables ( hiwalah ) , lending services ( expertise ) to do something on behalf of the people we help , custody / maintenance ( wadi ' ah ) , the conditional power of attorney ( kafalah ) . While the contract is all sorts tijarah successor agreement that menyagkut for profit transaction . Done for the purpose of profit . An example is an investment contract , buying and selling , and renting.

Definition and Conditions of Trading ( buying and selling )
In effect the sale is a transaction between a seller and a buyer that have the goods that require goods . The cornerstone of the trade / sale is mutual and not allowed to let any element of extortion that led to the other party to feel aggrieved , as the word Muhammad SAW , " Surely the sale it must arise from the mutual - willing to give up . "

Furthermore , Islam bans the practice of usury , which is required to wear an additional loan in pembayaranya , Sebagaiman words of Allah : " And Allah has made buying and selling and forbidden usury " [ Qs.Al - Baqarah ( 2 ) : 275 ] in relation to trade issues this , the Prophet SAW said , " Berniagalah you all, because in the real world of commerce include the provision of nine -tenths of my people . " [ HR.Abuu Nu'aim ] . Yet in the transaction must be able to understand the requirements of the appropriate Islamic law ( Islamic rules ' ) . Islam forbids the two covenants in the transaction , " The Prophet has prohibited two purchases in a single purchase ( transaction ) . " [ HR.Ahmad , Nasa'i , and at- Tarmidzi of AbuHurayrah ] . Therefore , understand the terms of the transaction common and unusual very necessary in order to distinguish peryaratan can be categorized cancel transaction or not .

The jurists classify the terms of the sale ( transaction ) into two parts . First , a condition prevalent Saheeh ( transactions in accordance with the guidance aqad ) , is divided into three terms :

Terms which serve as a guide buying and selling . This requirement shall be met , and a requirement syahnya a transaction . Terms syahnya buying and selling is an exchange of goods and repayment repayment . Terms relating to the benefit aqad . An example is the requirement above criteria goods to be traded / requires transaction could take place if the payment is made by credit , then this kind of condition which benefits diperbolehkan.Syarat known by the seller and the buyer . An example is if there are buying or selling a house, then allow home sellers to occupy the house before being handed over to the buyer subs I or 2 months

The second imperfect Terms ( Terms that are not in accordance with the guidance aqad ) is divided into four :
Terms aqad since essentially canceling . For example , a seller said , " I'm selling my house on the condition that you have to sell your goods and these , or you must lend me this stuff . "
Terms which negates tuntuntan aqad , but aqadnya remain valid . Such Tranasksi canceled . For example , if the seller requires the buyer may not sell goods , or not to be menghibahkanya .
Terms that do not validate aqad . Terms of this kind usually associated with the future . For example , the seller said , " I'm selling these goods , if the user has already confirmed merelakanya , or if you see me in this place or that. "
There are two conditions in one transaction . For example , the buyer requires that the wood is cut and brought the seller himself .

Principles of Trading
According Adiwarman Karim ( Karim Business Consulting Chairman ) principle in the transaction include :
An Taraddin minkum principle ( willingness / blessing )
Each transaction in Islam must be based on the principle of the willingness of both parties . They should have the same information so that no one feels suspected / cheated because there is something unkwon to one party . In the language of jurisprudence is called tadis fraud .
Principles La Tahlimuna wa la tuzhlamun ( not reviling and do didzolimi )
Practices which violate this principle are : engineering market , Taghrir ( gharar ) , and usury . There are two terms in the engineering market :

Ikhtikar ( engineering in supply) . Occurs when a producer / seller takes advantage above normal profits by reducing the supply so that the price of the product it sells rises.

Bai'Najasy ( engineered in demand) . Occurs when a producer / buyer create false demand , as though there is a lot of demand for a product so that the product price will rise . An example is the case of gorng frying IIL shares in the capital market