Credit Sales and Credit Sales (Bags. 8)

Credit Purchase Requirements (Continued)

Still in conditions related to ‘Iwadh’ (value and goods) on credit buying and selling transactions.

Fourth Requirement: Goods must be submitted at the beginning [1]

Among the conditions for buying and selling credit, namely goods must be submitted at the beginning and not given at the end. This is a very important requirement. Because if the goods are handed over at the end, this is included in buying and selling debt with debt.

At least there are several categories in buying and selling,

*The purpose given at the beginning is money/goods given in cash at the time of the transaction, while the intention given at the end is money/goods postponed the gift.

From the table above, it can be understood that in buying and selling, money and goods must not be ended. Because this is included in buying and selling debt with debt. In the Salam contract transaction, for example, when it is a contract, the money must be submitted at the beginning by the buyer and may not be postponed. After that, the buyer is waiting for the goods to be given in the future in accordance with the agreement of both parties.

Likewise with buying and selling credit, it is not allowed if money is given in installments (credit). Then the goods were postponed. An-Nawawi Asy-Shafi’i Rahimahullah said,

Not allowed to sell forgotten with what is forgotten by saying: I mean your loud clothes in their capacity like that up to a month from such a dinar postponed until now, and he said: I accept, and this is corrupt without disagreement.

“Not allowed to buy and sell delayed (debt) with delayed (debt). Like for example someone says, ‘Selling a piece of clothes that are there with a model like this and so and submitted in the month, which I will pay with one dinar (debt) in the future.’ Then he (the party offered) said, ‘I received’. Then this transaction is fasid (damaged) without any disputes of the scholars. ” [2]

Back again, this includes buying and selling debt with prohibited debt. From Abdullah Bin’s Friends’ Umar Radiyallahu ‘anhu, He said,

Prohibited from selling it

“Prophet Sallallaahu ‘Alaihi wa Sallam forbade delayed sales (debt) delayed.” (Told by Ad-Daruquthni, Al-Bihahaqi, Ibn Abi Syaibah, and so on)

Abu ‘Ubaid said, which was intended to be “Al-kaali ‘, times’“It is selling delayed with a delayed purchase (installments). [3]

The above hadith is considered as a hadith Dha’if (weak) by scholars. Among them, Imam Ahmad Rahimahullah said,

Not in this conversation that is true

“There is no authentic tradition in this matter.” [4]

Even though this hadith is a hadith Dha’if, However ijma ‘ (agree) The scholars accept this hadith because the meaning is the true meaning. [5] Among those who justify this meaning are the Islamic Shaykh Ibn Taimiyah and his student, Ibn Qayyim Al-Jauziyah. [6]

Shaykh Islam Ibn Taimiyah said,

Mutiara is the backward that is not captured by the backward person who does not capture and this is as if he repented into something in Dhimma, and the two were late, this was not permitted by the agreement and this was a sale like the whole.

“Al-Kaali ‘is the sale and purchase (goods) that have been postponed and have not been received with (money) that has been postponed and has not been received. This is like someone postponed the surrender (an item) with (money) that is delayed as well. Both are delayed. So this is not allowed according to the agreement of the scholars. This is what is called buying and selling al-kaali ‘bil kaali’. ” [7]

Ibnul Qayyim Rahimahullah said,

For people who are prohibited from working in it without benefits, because one of them does not accelerate what he takes, so he benefits from its acceleration, and the delay owner benefits him with his benefits, but both work without benefits.

“Because actually what is prohibited in (buying and selling al-kaali ‘bil kaali’) is because of him There are two parties bound without benefits (which was immediately accepted). None of the two parties who immediately to take advantage, both from the recipient or who submit it. So that both can feel the benefits of immediate acceptance (at the beginning of the contract). What exists, both of them are bound by their stages without any benefits received. ” [8]

There are disputes of scholars in understanding their meaning Al-kaali ‘, times’ In the history above. However, the strongest opinion is an opinion expressed by the Islamic Shaykh Ibn Taimiyah and his student, Ibn Qayyim Al-Jauziyah, Rahimahumallah.

So it can be known that in buying and selling credit, the goods are not allowed to be submitted at the end or postponed the surrender. Because including buying and selling debt with debt. If indeed the goods cannot be submitted at the beginning of the contract, then please select another option, namely by using the Salam contract, of course with the condition that the payment must be given cash at the beginning.

Hope it is useful. Wallahu a’lam.

[Bersambung]

Back to section 7

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Depok, 15 Zulhijah 1446/10 June 2025

Writer: Zia Abdurrofi

Article Muslim.or.id

Reference:

• Al-Bay’u bit taqsith ahkaamuhu wa a sentauhanu filqil islamiy, Dr. Abdunnur Farih Ali.
• Al-Mumti ‘Fi Syarhil Muqni’, Karya Abul Barakat Ibnul Munajja.
• Majallah Majma ‘Al-Fiqhi Al-Slaamiy.
• Majal Ma’alat malatu’ah, The work of Sheikh bin Baz Rahimahullah.
• Majmu ‘Fatawa Shaykhul Islam Ibn Taimiyah, Sheikh Islam Ibn Taimiyah Rahimahullah.
• I’mlaamul Muwaqqi’in, The work of Ibnul Qoyyim Rahimahullah.

Footnote:

[1] Al-Bay’u Bit in Cithes, matter. 134.

[2] Al-Bay’u Bit in Cithes, matter. 135; quoted from Al-Majmu ‘Syarhul Muhadzab.

[3] Al-Mumti ‘Fi Syarhil Muqni’, 2: 500.

[4] Majallah Majma ‘Al-Fiqhi Al-Slaamiy, 11: 117; quoted from Author Naylul, Ash-Syaukani’s work.

[5] Majal Ma’alat malatu’ah, 19: 43.

[6] Majallah Majma ‘Al-Fiqhi Al-Slaamiy, 11: 117.

[7] Majmu ‘Fatawa Shaykhul Islam Ibn Taimiyah, 20: 512.

[8] I’mlaamul Muwaqqi’in, 2: 243.