Credit purchase provisions

Of course, in the matter of the muamalah contract, the requirements to have their own urgency. Because if the conditions for a muamalah contract are not met, it will be at risk for the blessing of the contract, even greatly affects the validity of a muamalah contract.

Considering that credit buying and selling is one of the types of buying and selling, all requirements of the sale and purchase agreement must be fulfilled to it. There are seven conditions for buying and selling in general [1],

  • The presence or will of both parties;
  • The party is a person who meets the requirements for transactions;
  • The goods traded are items that are changed and there is no prohibition of him;
  • Property belonging to the party (seller) or he is permitted (by the owner) to sell it;
  • The goods sold can be known by seeing it or with their nature (can be described);
  • The price of the item can be clearly known;
  • There is the ability to submit items being depreciated.

The above conditions are related to general sales. Up to credit sales, the seven requirements must still occur and cannot be ignored.

There are special requirements that must be met related to credit buying and selling. And these conditions are divided into two main points [2]:

Firstconditions related to ‘Iwadh’ (nominal and goods).

Secondconditions related to ‘time (period or maturity).

Conditions related to ‘Iwadh

The purpose of this point is a condition related to the sale and purchase value of the goods. In this case, buying and selling credit has special requirements compared to general buying and selling.

First Requirements: The absence of usury on the nominal and traded goods

Because credit buying and selling there is a certain period of time, it is required so that there is no usury in the transaction. What is usury? Usury is,

The virtue of mosquitoes with junior intersections from one of the two parties in compensation

“The addition of empty from prizes (replacement) with sharia standards is needed for one of the parties that are mu’awadhoh (change).”

Namely, usury is an addition that absence of reciprocal from the existence of these additions and this additional is punished by Allah Story and the messenger Shoullahu ‘alaihi wasallam Besides illegal and this is called usury. Lord Story said,

Hey, who believe, fear God, and give them what is left from God, if you believe and His messengers, and if you have died, you have your head of money

“O you who believe, fear God and leave the rest of the laptop if you believe. If you don’t do it, know that there will be a war of God and His messengers. (Surah Al-Baqarah: 278-279)

However, there are many hadiths from the Prophet sallallaahu ‘alaihi wa sallam which shows the haram usury. Therefore, be careful in credit buying and selling transactions which are certainly very closely related to usury.

There are many transactions that are buying and selling credit, but apparently there are veiled usury. Very, very vague and not referred to as usury. They named it with other names, observed so that humans are not aware that the transaction is a usury transaction.

Considering that now most Muslims are familiar with the nature of buying and selling usury, not even a few of the Muslims who understand and understand related to the terms they use such as “flowers”. But again, how do they trick and obscure the views of the Muslims from usury. By calling it an administrative fee, float, and so forth. Then Muslims should be careful of transactions like this.

Second Requirement: The seller must really have the item

It should not be a seller of an item or product that does not belong to him. The argument is related to this variety, including the Hadith of Judge Bin Hizam, that the Prophet sallallaahu ‘alaihi wa sallam said to judge bin hizam Radiyallahu ‘anhu,

Don’t follow what is not for you

“Don’t sell (something) is not yours.” (Hours in Tirmidzi)

At one point, Judge bin Hizam was approached by someone who asked to find something. But at that time, the desired items were not in the hands of the judge. The judge rushed to the market to find the item and bought it, and then the judge sold it to people. Then ask the judge to the Prophet sallallaahu ‘alaihi wa sallam, And the Prophet answered with the words above.

So that the above hadith becomes a basic foundation for buying and selling credit. Namely, it is not allowed for credit providers to sell goods that are not yet owned. Reality can be seen in the practice of buying and selling credit, often the provider has not or even does not have the items to be credited.

For example, A wants to buy a house by credit, then he comes to the credit service provider. Credit service providers also bought a house for A to the seller of the house (read: developer) in cash and without any handover. After that, the credit provider gives a house to A and A paying the house to the credit provider until the specified time.

In this transaction, the essence is that the credit provider gives debt to A, then A pays the debt with a higher value. This difference is essentially usury.

The contract like this is also not allowed because the credit provider sells goods that have not really become their own (because there is no handover of goods). So that transaction contracts like this should be shunned to avoid the prohibition of the Prophet sallallaahu ‘alaihi wa sallam.

Hope it is useful. Wallahu a’lam.

[Bersambung]

Back to section 5

***

Depok, 9 Zulhijah 1446/5 June 2025

Writer: Zia Abdurrofi

Article Muslim.or.id

Reference:

In general, this discussion was summarized from the book Al-Bay’u bit taqsith ahkaamuhu wa a sentauhanu filqil islamiy, Dr. Abdunnur Farih Ali.

Ahit Auqa Ali-Thelms, Abdullah bin Radhiy’s job.

And some other references.

Footnote:

[1] Ahit Auqa Ali-Thelms, matter. 89.

[2] Al-Bay’u bit taqsith ahkaamuhu wa a sentauhanu filqil islamiy, matter. 117.





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