Senin, 30 Januari 2012
Riba in Islam
The term and the perception of usury so of his life in the Islamic world. Therefore, the impression as if the doctrine of usury is typical of Islam. People often forget that the legal prohibition of usury, as said by a Muslim American, Cyril Glasse, in the encyclopedia books, does not apply in any modern Islamic country. Meanwhile, most people do not know that the world Kristenpun, over a millennium, usury adalab prohibited items in the view of theologians, scholars and according to existing legislation.On the other hand, we are faced with the fact that the practice of usury which penetrated into the various countries is difficult to eradicate, so that various authorities had made arrangements and restrictions on flowering business money. Long debate among jurists on riba not come to fruition. Because they each have strong reasons. Ultimately arise many diverse opinions about interest and usury.Understanding RibaSaid Ar-Riba is isim maqshur, derived from rabaa yarbuu, the end of this word is written with alif. Origin of the word usury is ziyadah 'extras'; sometimes it comes from the addition itself, as the word of God Almighty:(Ihtazzat wa rebate) "then live it and suburlah earth." (Surat al-Hajj: 5).And, sometimes more additional comes from outside the form of rewards, such as one dirham exchange for two dirhams.Usury LawsUsury, the ruling based on the Qur'aan, the Sunnah of His Prophet and the consensus of Muslims:"O ye who believe fear Allah, and leave the rest of usury (which has not been levied) if ye are believers. If you do not do (of war), then permaklumkanlah that Allah and His Messenger will be fought. And if you repent (from taking usury), then you staple your treasure; we are not persecuted and not (also) persecuted. "(Surah Al-Baqarah: 278-279)."People who eat (takes) Riba can not stand, but as stands one whom Satan possessed because of (pressure) madness." (Surat al-Baqara: 275)."God destroy Riba and fertilize Sadaqah." (Surat al-Baqara: 276).From Abu Hurairah ra that the Prophet said, "Stay away from the seven things that destroy." The Companions asked, "What's that, O Messenger of Allah?" Answer him, "(First) to polytheism to Allah, (second) magic, (third) murder soul who has been forbidden except by way of truth, (fourth) eating usury, (fifth) feed the orphan's property, (sixth) escape on a day of two forces, and (seven) accused adulterous woman of excellence who does not know anything about this matter and believe in Allah. "(Agreed alaih: Fathul Bari V: 393 no: 2766, Muslim I: 92 no: 89, 'Aunul Ma'bud VIII: 77 no: 2857 and Nasa'i VI: 257).From Jabir ra, he said. "Messenger of Allah cursed usury eaters, feeding usury, two witnesses and the writer." And He said, "They're all the same." (Saheeh: Mukhtasar Muslim no: 955, Saheeh al-Sagheer Jami'us no: 5090 and Muslims III: 1219 no : 1598).From Ibn Mas'ud ra that the Prophet said, "Riba it has seventy-three doors, the lightest (sin) as a child has intercourse with his mother." (Saheeh: Saheeh al-Sagheer Jami'us no: 3539 and Mustadrak Judge II: 37 ).From Abdullah bin Hanzhalah ra of the Prophet of Allah said, "One dirham of riba eat someone when he knows, is more severe than thirty-six prostitutes." (Saheeh: Saheeh al-Sagheer Jami'us no: 3375 and al-Rabbani Fathur XV: 69 no: 230).From Ibn Mas'ud ra from the Prophet, He said, "No one multiply (wealth) from usury, but rather must be due to the poor when he fell." (Saheeh: Saheeh al-Sagheer Jami'us no: 5518 and Ibn Majah II : 765 no: 2279).Classification of UsuryThere are two kinds of usury usury usury nasiah and fadhl.As for which is riba nasiah is additional specified at the beginning of the transaction, which is taken by the lender from the person who receives a loan in return for repayment of tempo. Usury is forbidden by the model Qur'aan, the Sunnah of His Messenger, and the consensus of Muslims.While the definition of usury fadhl is the exchange of similar goods with no additives, such as exchanging money with money, food menu with food that is accompanied by the additional.Usury is forbidden, also the second model by the Sunnah of the Prophet PBUH and ijma 'of the Muslims, because it is a door to usury nasiah.Some items that her Riba Forbidden ConductRiba does not apply, except in the six types of goods that have been confirmed following syar'i texts:From Ubaidah bin Shamir ra that the Messenger of Allah said, "(It may sell gold for gold, silver for silver, wheat by wheat, sya'ir (a type of wheat) with sya'ir, dates by dates, salt by salt, comparable, equal and cash, but if a different type, then sell as you please, if the cash with the cash. "(Saheeh: Mukhtasar by Muslim, 949, and Muslims III: 1211 No: 81 and 1587).Thus, if there is a kind of barter goods from these four types of goods, namely gold exchanged for gold, Tamar by Tamar, it is both illegitimate enhancements as well as usury usury fadhl nasiah, should be equally good in terms of scale and proportion, regardless of quality grade or ugly, and should be handed over in the majlis.From Abi Sa'id al-Khudri ra that the Messenger of Allah said, "Do not sell gold except the same, do not you add some above others, do not sell silver for silver unless equal, do not you add some above others, and Do not sell gold and silver which the goods have not been there with the cash. "(Agreed alaih: Fathul Bari IV: 379 no: 2177, Muslims III: 1208 No: 1584, Nasa'i VII: 278 and Tirmidhi II: 355 no : 1259 sema'na).From Umar bin Khattab ra that the Messenger of Allah said. "Gold for gold is Riba except this this way (one party to take the goods, while others handed) with burs burs (also) like this except with this usury, usury sya'ir sya'ir with this exception, this way, and Tamar by Tamar this is usury except in this way. "(Muttafaqun'alaih: Fathul Bahri IV: 347 no: 2134, and this lafadz to Imam Bukhari, Muslim III: 1209 No: 1586, Tirmidhi II: 357 no: 1261, Nasa'i VII: 273 and for those first lafadz wear adh-bil dzahabu wariq (gold with silver) and Aunul Ma'bud IX: 197 no: 3332 with two models lafadz).From Abu Sa'id ra, he recalled: We were at the time of the Prophet had received a Tamar rizki jama ', ie one type of Tamar, then we swap the two sha' Tamar with a sha 'Tamar. Then the case came to the Messenger of Allah then He said, "Not valid (exchange) two-sha 'Tamar with a sha' Tamar, not valid (also) two-sha 'grain of wheat with a sha' grain, and is not valid (also) one with two dirham dirham. "(Agreed alaih: Muslims III: 1216 No: 1595 and this lafadz him, Fathul Bari IV: 311 no: 2080 briefly and Nasa'i VII: 272).When there is barter among the six types of these items with other types, such as gold exchanged for silver, burs with sya'ir, then there should be no excess to requirements should be handed over at the majlis:Based on earlier Ubadah hadith:"... But if the opposite sex then sell as you please, if the cash with the cash."In the history of Imam Abu Daud and others from Ubadah ra the Prophet said: "No why sell gold with silver and silver gold larger in number than in cash, and as for the credit, then it should not, and why not sell burs with sya'ir and sya'irnya more than burnya in cash and as for the credit, then it should not be. "(Sahih: Irwa-ul Ghalil V: 195 and 'Aunul Ma'bud IX: 198 no: 3333).When one species among the six types of goods are exchanged for the differing types and 'gods' cause', such as gold exchanged with burs, or silver with salt, then there should be no excess or in tempo, the credit:From A'ishah that the Prophet never buy food from a Jew in tempo, while the Holy Prophet mortgaged his armor to a Jew. (Saheeh: Irwa-ul Ghalil no: 1393 and Fathul Bari IV: 399 no: 2200).In the book Subulus Salam III: 38, al-Amir al-Sha'ani states. "Know that the scholars' have been agreed upon usury bolehnya goods (goods that can be mixed or weighed, EDT) exchanged for goods of different kinds of usury, either in tempo or even if there is an excess number of different severity, such as gold hinthah exchanged (wheat), silver with wheat, etc. are all included items can be mixed. "However, it may not sell ruthab (wet dates) with dried dates, unless the owners' ariyah, because they are the ones who faqir who do not have palm trees, ie they should buy from farmers wet dates and dates, then they ate in a state still located on the tree, which they estimate, they exchange it with dried dates.From Abdullah ibn Umar that the Messenger of Allah forbade muzabanah. Muzabanah is selling fruit with a dose of Tamar, and sell wine with a dose of raisins. (Agreed alaih: Fathul Bari IV: 384 no: 2185, Muslims III: 1171 No: 1542 and Nasa'i VII: 266)From Zaid bin Thabit that the Messenger of Allah may Allah gives respite to the owners' ariyyah to sell it with Tamar is estimated. (Muttafaqun'alaih: Muslims III: 1169 No: 60 and 1539 and this lafadz him and sema'na in Fathul Bari IV: 390 no: 2192, 'Aunul Ma'bud IX: 216 no: 3346, Nasa'i VII: 267 , Tirmidhi II: 383 no: 1218 and Ibn Majah II: 762 no: 2269).Indeed the Prophet forbade selling dates with Tamar was wet because wet if dry dates must shrink.Of Sa'ad bin Abi Waqqash ra that the Prophet was once asked about dates sold wet with Tamar. So he (return) asked, "Is it shrinks when wet dates have been dried?" Answered his friend, "Yes, shrinking." So Beliaupun forbid it. (Saheeh: Irwa-ul Ghalil no: 1352, 'Aunul Ma'bud IX: 211 no: 3343, Ibn Majah II: 761 no: 2264, Nasa'i VII: 269 and Tirmidhi II: 348 no: 1243).And, unauthorized sale of goods with a similar usury while both or one of them contain other elements.History Fadhalah bin Ubaid which form the basis of this conclusion was published also in Mukhtasar Nailul Authar hadith no: 2904. Imam Ash-Syaukani, commented as follows, "This hadith indicates that should not be selling gold that contains other elements with pure gold to other elements that are separated in order to know the size of the gold, nor silver, and all other types of goods usury, because there are similarities illat , which is forbidden to sell one type of goods with the like in excess. "From Fadhalah bin Ubaid he said: "At the time of the battle of Khaibar I've bought a necklace for twelve dinars there are in the jewelry of gold and jewels, then I separate them, then I found him more than twelve dinars, and then I delivered it to the Prophet , So He said, 'A necklace may not be sold until it separated.' "(Sahih: Irwa-ul Ghalil no: 1356, Muslims III: 1213 No: 90 and 1591, Tirmidhi II: 363 no: 1273, 'Aunul Ma'bud IX: 202 no: 3336 and Nasa'i VII: 279).Islam was very hard in the usury issue solely for the protection of human welfare, both in terms of morality, society and perekonomiannya.Kiranya enough to know what the lesson as stated by Imam al-Razi in his Quran interpretation as follows:1. Usury is the act of taking property without any dressing friend. For people who lend a coin with two dirhams, for example, then he can return for additional single dirham without change. Being someone else's property that is the standard of living and have a very big honor, like what is mentioned in the hadith of Prophet Muhammad:2. "That honor human property, together with the honor of his blood." Therefore, instead of taking property without his friend, it is definitely illegitimate.3. Depending on usury can deter people from rushing to work. For if the owner of money sure, that by means of usury he will receive additional money, either cash or futures, then he will make it easier problem to make a living, so that he almost did not want to bear the weight of business, commercial and heavy jobs. Being such a thing would result in breaking of the material needs of society. One thing is undeniable that the benefit of the world's one hundred percent determined by the course of trade, employment, enterprise and development. (No doubt, that this wisdom would be acceptable, in terms of the economy).4. Riba will cause the interruption of a good attitude (doing good) among men in the field of lending. Because if usury was forbidden, then the person will feel happy to lend money to one dirham and the return of one dirham as well. But if usury was lawful, then it is definitely going to consider the needs of people with serious money took a dirham with diharuskannya returns two dirhams. Exactly, then disconnect feeling compassion and kindness. (This is an acceptable reason, in terms of ethics).5. In general, providers of receivables is a wealthy man, while the borrower is a person who can not afford. Then the opinion that allowing usury, means give way to rich people to take poor people's wealth as an additional weak. Was not feasible to do so as a person who obtained the grace of God. (This is reviewed in terms of social).This all can be interpreted, that there is an element in usury extorted from the people who are weak in the interest of powerful people (exploitasion de l'home par l'hom) with a conclusion: the rich get richer, while the poor remain poor. Which case would lead to raising a class of people for the expenses of another class, which allows the group will cause heartache and spiteful, and would result in a fire whipping up opposition among members of the community and led to the uprising by extremist groups and the subversion
Langganan:
Posting Komentar (Atom)



Tidak ada komentar:
Posting Komentar