BUYING AND SELLING ON CREDIT AGREE ARGUMENT

This paper was prepared to fulfill the task of Masail Fiqh course
Lecturers:
Mohammad Rohmanan, Lc., M.Th.I.

Arranged By:

Nor Aini Azizatu Uljana (18110167)

ISLAMIC EDUCATION DEPARTMENT

FACULTY OF TARBIYAH AND TEACHING
ISLAMIC STATE UNIVERSITY MAULANA MALIK IBRAHIM MALANG
2021
 PREFACE

Praise God for mercy and His guidance Segle endless to us all as His people. Do
not forget to pray and greetings always spoken of our beloved Prophet Muhammad, for
an exemplary and moral step and every movement we can be the best people in the sight
of God.

Manufacture of paper are surely not escape the barriers, but so is the power of
God through the people around us then this paper can be realized. And through this
opportunity, we would like to thank the friends who help, we also wish to thank Mr.
Mohammad Rohmanan as a lecturer in jurisprudence studies that have been briefed.
Writing this paper has a lot of disadvantages. Therefore a lot of hope of our criticism and
constructive suggestions, to further enhance this paper.

Jombang, May 1 2021

Author

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 TABLE OF CONTENTS

PREFACE ........................................................................................................................ i

TABLE OF CONTENTS ............................................................................................... ii

CHAPTER I .....................................................................................................................1

INTRODUCTION ...........................................................................................................1

1.1. Issue Background ..............................................................................................1

1.2. Problem Identification ......................................................................................1

1.3. Purpose of Paper ...............................................................................................1

CHAPTER II ...................................................................................................................2

DISCUSSION ...................................................................................................................2

2.1. The Definition of Buying and Selling on Credit .............................................2

2.2. The Legal Basis of Buying and Selling on Credit ..........................................3

CHAPTER III ..................................................................................................................9

CLOSING .........................................................................................................................9

BIBLIOGRAPHY..........................................................................................................10

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 CHAPTER I

INTRODUCTION

1.1. Issue Background

Buying and selling is a business activity that has been going on for a long
time in society. However, there is no definite record of the start of formal business
activities. The clear provision in society is that buying and selling have developed
from a traditional pattern to a modern one. In the past, people engaged in buying and
selling activities in the form of exchanging goods for other goods.
One of the business activities that occur today is buying and selling using
the credit system at a price higher than the cash price. This buying and selling credit
system is starting to be of great interest to people because it offers many
conveniences. Recently, the practice of buying and selling has not only covered the
basic/primary needs of humans and society but has also penetrated luxury needs.
Usually, these transactions are in great demand by people who have fixed
and guaranteed income, such as civil servants, soldiers, and employees. But it is not
uncommon for small entrepreneurs such as motorcycle taxi drivers to be interested,
with one million in hand, they can directly ride a motorcycle taxi, the money is used
to pay down payments, which are then paid in installments of the profits from their
business.

1.2. Problem Identification

1.2.1. What is the definition of Buying and Selling on Credit?

1.2.2. How is the Legal Basis of Buying and Selling on Credit?

1.3. Purpose of Paper

1.3.1. Knowing the definition of Buying and Selling on Credit

1.3.2. Knowing the the Legal Basis of Buying and Selling on Credit

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 CHAPTER II
DISCUSSION

2.1. Definition of Buying and Selling on Credit

Buying and selling in Indonesian come from two words, namely buying and
selling. What is meant by buying and selling is trading, trading, selling, and buying
goods.1 Meanwhile, the term buying and selling according to Arabic' is al-Bai
'which means to exchange (exchange). The word al-Bai 'is sometimes used to mean
the opposite, namely as-Syira' (to buy), thus the word al-Bai 'means both selling and
being able to buy at the same time.
The definition of buying and selling according to sharia business is the
exchange of goods between two or more people on a consensual basis, to own each
other. By buying and selling, the seller has the right to legally own money. The
buyer has the right to own the goods he receives from the seller. The ownership of
each party is protected by law.2
The term credit which in Arabic is called ‫ تقسيط‬is a term commonly used in
everyday language which is defined as a loan of money. In addition, credit can also
be interpreted as payment in installments in a sale and purchase agreement. Apart
from the terms above, the word credit comes from the Italian language, cedere
which means trust. The trust referred to in this case is the trust between the creditor
and the recipient of the credit. The word credit can also be interpreted as the
provision of achievements (for example, money, and goods) with rewards for
achievements that will occur in the future.3 In the business world, the word "credit"
is defined as "the ability to borrow money or the ability to enter into trade
transactions or obtain delivery of goods or services with an agreement to pay them
later".
After explaining the meaning of buying and selling and the terms of credit, it
can be understood that what is meant by buying and selling credit is selling
something with delayed payment, by providing installments in certain amounts at a
certain time, more expensive than the cash price. Or in other terms, buying and
selling credit is payment pending and in the form of installments and within
1
Adanan Murroh Nasution, Jual Beli Kredit Ditinjau dari Persefektif Hukum Islam, Yurisprudentia
Vol. 2 No. 2 December 2016, page 19.
2
Siti Mujiatun, Jual Beli dalam Perspektif Islam: Salam Dan Istisna’, Jurnal Riset Akuntansi dan
Bisnis Vol 13 No. 2 September 2013, page 204.
3
Adanan Murroh Nasution, Jual Beli Kredit… Op. Cit., page 20.
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 specified times.4
Two types of credit buying and selling occur in the buying and selling
system, namely:5
1. Buying and selling credit where goods sold on credit have the same price if they
are sold using a cash payment system. This means that goods that are traded
have the same price value, whether they are sold using a credit or cash payment
system.
2. Credit buying and selling where goods are bought and sold on credit are more
expensive than cash payments.
In terms of the form of payment, some are made at once when it arrives at
the stipulated time, and some are made in installments according to the time and
amount of payments agreed upon.

2.2. The Legal Basis of Buying and Selling on Credit

1. Daleels from Quran
The jumhur of fiqh experts who allow it, such as the Hanafi, Shafi'i, Zaid
bin Ali, Al Muayyad Billah schools state that buying and selling for which the
payment is deferred and there is an increase in the price from the seller because
the suspension is valid. After all, they think the suspension is a price, because
they see from the general proposition that allows, and texts that forbid it does
not exist, the most important thing is that the price increase in the postponement
is a fair and reasonable price, and there is no element of coercion and
wrongdoing.6 The verse that is also related to credit problems is the al-Baqarah
verse 282

َ ‫يَا أَيُّ َها الَّذِينَ آ َمنُوا إِذَا تَدَايَ ْنت ُ ْم بِدَي ٍْن إِلَ ٰى أَ َج ٍل ُم‬
ۚ ُ‫س ًّمى فَا ْكتُبُوه‬
“O you who have believed, when you contract a debt for a specified term, write
it down.” (Al-Baqarah: 282)
However, when the scholars allow buying and selling on credit, provided
that the seller and buyer follow the rules and validity terms as follows:7
a. The price of goods is determined and must be known by both the seller and
the buyer.

4
Ibid., page 21.
5
Khozainul Ulum, Menelisik Hukum Jual Beli Kredit Melalui Kajian Tafsir Al-Quran, Jurnal
Ekonomi Syariah, Vol. 2 No. 2 September 2017, page 199.
6
Adanan Murroh Nasution, Jual Beli Kredit… Op. Cit., page 26.
7
Ibid.
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 b. The installment payment is agreed upon by both parties and the payment
period is limited to avoid the practice of bai "garar" fraudulent business ".
c. The original price that has been mutually agreed upon may not be increased
because the repayment exceeds the stipulated time, because it can fall into
the practice of usury.
d. A seller must not exploit the needs of the buyer by raising the price too high
above the prevailing market price, so as not to fall into the category of bai
"muththarr" forced buying and selling "which was condemned by the
Prophet.
The Word of Allah SWT in Surah an-Nisa' verse 29
‫اض ِم ْن ُك ْم‬
ٍ ‫ع ْن ت ََر‬
َ ً ‫ارة‬ ِ ‫َيا أَيُّ َها الَّذِينَ آ َمنُوا ََل تَأ ْ ُكلُوا أَ ْم َوالَ ُك ْم َب ْينَ ُك ْم ِب ْال َب‬
َ ‫اط ِل ِإ ََّل أَ ْن تَ ُكونَ تِ َج‬
“O you who have believed, do not consume one another’s wealth unjustly but
only (in lawful) business by mutual consent.” (An-Nisa’: 29)
The generality of this verse includes buying and selling of cash and credit,
so while buying and selling of credit is consensual, it is included in what is
allowed in this paragraph. The whole of this paragraph includes buying and
selling of cash and credit, so while buying and selling of credit is done
consensually then enter into what is allowed in this verse.
2. Daleels from Hadith
a. HR Bukhari 2241, Muslim 1604
‫ قدم رسول هلال صلى هلال عليه‬: ‫عن عبد هلال بن عباس رض ي هلال عنهما قال‬
‫ من سلف في تمر‬: ‫وسلم اْلدينة والناس يسلفون في الثمر العام والعامين فقال‬
‫فليسلف في كيل معلوم ووزن معلوم إلى أجل معلوم‬
"From Abdullah bin Abbas said:" The Messenger of Allah came to the city
of Medina, and at that time the people of Medina were buying and selling
fruit by way of greetings within a period of one or two years, so he said:
"Whoever is buying and selling greetings then let it be. In clear quantities,
clear scales until a clear time." (Narrated by Bukhari Muslim)8
Taking the argument from this hadith, that the Messenger of Allah
allows the sale and purchase of greetings as long as the measurement and
scale and the time of payment are clear, whereas usually in buying and

8
Wasilatur Rohmaniyah, Fiqih Muamalah Kontemporer (Pamekasan: Duta Media Publishing,
2019), page 49.
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 selling greetings there is less money to buy than if you buy something
directly. So it is the same with buying and selling credit which is the
opposite, namely goods before and money later even though it is more than
the cash price.
b. HR. Bukhari 2169, Muslim 1504
‫ أن بريرة جاءت عائشة تستعينها في كتابتها‬: ‫عن عائشة رضي هلال عنهه قالت‬
‫ ارجعي إلى أهلك فإن أحبوا أن‬: ‫ولم تكن قضت من كتابتها شيئا فقالت لها عائشة‬
‫ فذكرت ذلك بريرة ألهلها فأبوا وقالوا‬,‫أقضي عنك كتابتك ويكون والؤك لي فعلت‬
‫إن شاءت أن تحتسب عليك فلتفعل ويكون لنا والؤك فذكرت ذلك لرسول هلال‬
‫ ابتاعي فأعتقي‬: ‫صلى هلال عليه وسلم فقال لها رسول هلال صلى هلال عليه وسلم‬
‫فإنما الوالء لمن أعتق ثم قام رسول هلال صلى هلال عليه وسلم فقال ما بال أناس‬
‫يشترطون شروطا ليست في كتاب هلال من اشترط شرطا ليس في كتاب هلال فليس‬
‫له وان شرط مائة مرة شرط هلال أحق وأوثق‬
"From Ayesha said:" Verily Bariroh came to him asking for help to pay off
his ransom, while he had not paid it at all, Then Ayesha said to him: "Go
home to your family, if they want me to pay your ransom but your wala' is
mine then it will be I do." So Bariroh mentioned this to them, but they were
reluctant to do it, instead, they said: "If Ayesha wants to free you by only
wishing for merit, then she can do it, but wala'mu still with us." So Ayesha
also mentioned this to Rosululloh and she said: "Buy him and be free
because wala’ belongs to that which frees."In another narration: "Bariroh
said:" I redeemed myself by paying 9 uqiyah, every year I pay one uqiyah."
(Narrated by Bukhari Muslim)
In this hadith, it is clear that Bariroh paid for it by crediting because he
paid nine uqiyah which were paid for nine years, one year as much as one
uqiyah.9
3. Daleels from Ijma'
Some of the scholars 'claim that it is permissible for buying and selling with
credit at a price difference is the agreement of the scholars'. Among them are:
a. Shaykh Bin Baz

9
Herian Sani, Jual Beli Kredit: Tafsir Ayat Ahkam Para Fuqaha, Al-Muamalat Jurnal Hukum
Ekonomi Syariah Vol III, No 01. Tahun 2016, page 138.

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 Shaykh 'Abdul' Aziz bin Baz Rahimahullah, when asked about the
law of buying a sack of sugar and such for 150 Riyal SA until a time (on
credit) and he was worth 100 Riyal in cash, then he replied:
“This Mu'amalah is not why because selling in cash is different from
selling on credit and the Muslims continue to do mu'amalah like this.
This is their Ijma '(agreement) about permissibility. And it has been
shadz (odd/isolated) by some scholars if he prohibits the addition due
to (additional) time so that he thinks it is part of usury. It is a
unilateral opinion, not even (it) includes usury at all because a
merchant when he sells goods until a time (on credit), agrees to a
suspension only because he takes additional benefits (price) and the
buyer is willing There was an addition because there was a
postponement and because of their inability to submit the price in
cash, both of them took advantage of this mu'amalah and had tsabit
(certain/permanent) from the Prophet sallallaahu 'alahi wa sallam
something that showed that it was permissible (Dinukil from the book
Min Ahkamil Fiqhil Islamy Karya 'Abdullah Al-Jarullah: 57-58) ”.10
b. Shaykhul Islam Ibn Taymiyyah Rahimahullah
He was asked about a man who owned a horse which he bought for
180 Dirhams, then someone asked for 300 Dirhams in a period of
(payment) of three months; whether it is lawful for him. He answered:
"Al-Hamdulillah, if he buys it for profit or trading, it is okay to sell it
until one day (on credit). However, he should not take advantage of
the needy except with a reasonable advantage. Don't he add (price)
because of the emergency (because he needs it). If he needs dirhams
and then buys it (the horse) to sell at that time and he takes the price
then this is makruh according to the most zhohir (opinion) of the two
opinions of the scholars. Shaykhul Islam Ibn Taymiyyah stated that
this was based on the Al-Qur'an, As-Sunnah and Al-Ijma '.11
4. Daleels from Qiyas
As has passed, the sale and purchase of credit are associated with the sale
and purchase of greetings which the Messenger of Allah (saw) expressly

10
Adanan Murroh Nasution, Jual Beli Kredit… Op. Cit., page 28.
11
Herian Sani, Jual Beli Kredit: Tafsir Ayat Ahkam… Op. Cit., page 139.
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 allowed, because there is a similarity, namely both are delayed, it's just that the
sale and purchase of greetings for goods are delayed, while credit, the money is
delayed. Also in buying and selling greetings, it is not the same as the cash
price, such as credit, only the difference is that greetings are cheaper while
credit is more expensive.
5. Ulama' Opinions
The ulama' fatwa regarding the buying and selling of credit. This is an excerpt
from the opinion of the jurists 'school of four as well as contemporary scholars
on this issue:12
a. Hanafiyah Fiqh; Prices can be increased due to time delays. Cash selling
with credit cannot be equated. Because what is now is more valuable than
what is not there. Cash payments are better than term payments.
b. Fiqh Malikiyah; Said Imam Asy Syathibi: "The delay of one of the means
of exchange can cause an increase in prices." (Malik Bin Anas, Muwathta’
vol.4: 41) Imam Az Zarqoni emphasized: “Because the cycle of time does
have a share of value, a little or a lot, of course, it's different the value.”
c. Fiqh Syafi'iyah; Imam Asy Syirozi said: "If someone buys something with
a delayed payment, there is no need to be told the cash price because the
delay in payment has its value."
d. Hanbali Fiqh; Imam Ibn Taymiyyah said: "Round the clock does have a
price ration."
Lajnah Daimah when asked about someone who sells a car with a credit
system with a delay in payment, there will be an additional price, but will
also increase as the payment is delayed from a predetermined time. Is this
transaction allowed or not?
Answer: If you sell the car on a credit system, it is done at a clear price,
until a clear time, which is not added to the price if you pay more than the
specified time limit, then the transaction is okay. As Allah Ta'ala says: "O
you who believe, if you are in debt until a certain time, then write it down."
Also, it is authentic from the Messenger of Allah that he has bought
something up to a certain time. If the creditor must increase the price if he
is late in paying it from the specified time, then this is not allowed by the
agreement of the Islamic ummah, because that is the riba of ignorance
12
Ibid., page 30-31.
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which is prohibited by the Qur'an, namely their words to those who owe it:
"You might be able to do it. Pay off the debt or you pay more."

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 CHAPTER III

CLOSING

Conclusion
Buying and selling credit is buying and selling with a payment system in
installments that are certain, at a certain time, and are more expensive than cash
payments. The scholars have different opinions regarding the law of buying and selling
credit, some opinions allow and some are forbidden. However, some scholars stated that
buying and selling credit was allowed.
The fiqh scholars who allow it, such as the Hanafi, Shafi'i, Zaid bin Ali, Al
Muayyad Billah schools that buy and sell the payment is deferred and there is an increase
in the price from the seller because the suspension is legal. After all, according to them,
the suspension is a price, because they see of the general proposition that allows, and
texts that forbid it does not exist, the most important thing is that the price increase in the
postponement is a fair and reasonable price, and there is no element of coercion and
zholim.

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 BIBLIOGRAPHY

Mujiatun, Siti, Jual Beli dalam Perspektif Islam: Salam Dan Istisna’, Jurnal Riset
Akuntansi dan Bisnis Vol 13 No. 2 September 2013
Nasution, Adanan Murroh, Jual Beli Kredit Ditinjau dari Persefektif Hukum Islam,
Yurisprudentia Vol. 2 No. 2 December 2016
Rohmaniyah, Wasilatur, Fiqih Muamalah Kontemporer (Pamekasan: Duta Media
Publishing, 2019)
Sani, Herian, Jual Beli Kredit: Tafsir Ayat Ahkam Para Fuqaha, Al-Muamalat Jurnal
Hukum Ekonomi Syariah Vol III, No 01. Tahun 2016
Ulum, Khozainul, Menelisik Hukum Jual Beli Kredit Melalui Kajian Tafsir Al-Quran,
Jurnal Ekonomi Syariah, Vol. 2 No. 2 September 2017

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