The Rule of Fiqh Muamalah

GROUP 9

YUNITA P
ALMA HCY
SALWA A
SHOHIFAH NS
MAUDYA NI

Taking Property in Bathil is Haram

 ‫غيْ ِر ِه ِبلَا ِإـ ْذ ِن ِه‬
َ ِ
‫ْك‬ ‫ل‬ ِ
‫م‬ ‫ي‬ ِ
‫ف‬
‫ف‬ ‫ر‬ ‫ص‬ ‫ت‬ ‫ي‬ ‫ن‬َ ‫أ‬ ‫د‬ ‫ح‬َ
َ َّ َ َ َ ْ ٍ َ ‫جو ُز لِأ‬
ُ َ‫لَا ي‬

No one can use someone else's property“

”.without his permission

Taking Property in Bathil is Haram

DEFINITION OF
TREASURES
ACCORDING TO HANAFIAH'S
ACCORDING TO SCHOLARS
ISLAM
Property is anything that can be taken,
stored, and can be utilized.
 Definition of Bathil in Qur'an

BATHIL (al-Bathil), derived from the word bathala, yabthulu which means damaged, wrong,
fake, not legitimate, does not meet the pillars and conditions, out of the truth, forbidden or
haram according to religious provisions.
 The Prohibition of Taking Property in Bathil
based on Qur’an

Islam does not limit the search for wealth in any

way, as long as it does not violate the principles that
have been determined shara'. Because the original
law in mu’amalah is mubah.
However, Islam has
principles about developing
a business system that
must be free from the
elements of dharar
(danger), jahalah (obscurity)
and zulum (detrimental or
unfair to one party).
 Based on verses, hadith and opinions of scholars',
ghasab is haraam. In the book Kifayatu al-Akhyar, the
work of ghasab is on one of the great sins.
 ORIGINAL LAW BASED ON QUR’AN VERSES

‫َِـا ِْـبا ِلـبطـلـ‬ ‫َـ ُْ َنـيكمبـ‬ ‫ََ ُْـالَـكوأمـ‬ ‫ـوُاْلـ َكأـتَالـ‬ ‫ِـيـ َذّـََُّـواـنءا‬
‫نمـَل‬ ‫َـاـ ّهـُّ َـُيَاأـيـ‬

"O you who have believed, do not

consume one another's wealth unjustly
but only [in lawful] business by mutual
consent..” (QS. An Nisaa: 29)

“..do not consume one another's wealth unjustly..”

The meaning of ‘consume' here is everything
form of action, whether taking or dominate.
 ORIGINAL LAW BASED ON QUR’AN VERSES

The word of Allah. which became the reference for ghasab law is Surat
Al-Baqarah [2]: 188
‫َِـ ًايـفرقـ ِـْـمـنـ‬ ‫ـوُاْلـ َكأِـتلـ‬ ‫ْ ُـالَِـّـ‬
‫حمكـ‬ ‫ىـ‬
‫َـِاـبهـ َِـلـإـ‬ ‫ُْـو َالـتدوـ‬ ‫َِـا ِْـبا ِلـبطـلـ‬ ‫َـ ُْ َنـيكمبـ‬ ‫ََْـُالَـكوأمـ‬ ‫ـوُاْلـ َكأـتـ‬ ‫َاَـلـوـ‬
‫َُْـلتوَمعـنـ‬ ‫ُْـْـتمََنـأـوـ‬ ‫ِْـثمـ ْإِاـلبـ‬ ‫ِاَـاّلـنـ‬
‫سـ‬ ‫َْـاَِـوأمـلـ‬
And do not consume one another's wealth unjustly or send it [in bribery] to the rulers in

order that [they might aid] you [to] consume a portion of the wealth of the people in sin,

while you know [it is unlawful].

 ORIGINAL LAW BASED ON HADITH

Prophet Muhammad SAW, said:

ِ ٍ ِ ِ ِ َّ ِ ٍ ِ ٍ ِ
ُ‫َال ْامرئ ُم ْسلم إال بط ْيب ن َْفس م ْنه‬ ِ
ُ ‫اَل حَي ُّل م‬

It is not permissible to take the wealth of a Muslim

except by his willingness. (HR. Abu Dawud &

Daruquthni no. 7662)

 ORIGINAL LAW BASED ON HADITH

Imam Bukhari and Muslim narrated from Aisyah radhiyallahu ‘anha, that the
Prophet sallallaahu‘ alayhi wa sallam said:

‫ام ِة ِم ْن َس ْب ِع أ َ َر ِضيْ َن‬

َ َ ‫ي‬ ِ
‫ق‬ ‫ال‬ ‫م‬
َ ‫و‬
ْ ُ
َ ّ ‫يُط‬
‫ي‬ ‫ه‬
ُ ‫َو‬‫ق‬
َّ َ
‫ـ‬ َّ‫ َفإِ َُنه ّـ‬،‫خ َذ ِش ْب ًرا ِم َن األ َ ْر ِضظُل ًْما‬
ََ ‫َم ْن أ‬

“Whoever takes an inch of the land wrongfully, Allah will put seven earths on

him.”
The best gift Allah gives to a servant is faith
and piety. Wealth and adequacy of life,
should not be an obstacle for someone to
fear. He must also believe, that faith and
piety are favors and gifts from God alone.
 Examples of Acts of Taking Property in Bathil

- Bribery
- Trick in Buying and Selling
- Usury
- Stealing
- Lies Within Muamalah
- Postpone Payment of Debt, even though he is able
to pay it
- perjury to convince someone
- Reducing Scales and Measures
 Example
This time, bribery is a common thing and it is a thing that can be done because it is common
and popular in the community, so of course this is a statement that violates the Islamic Shari'a.
We will discuss examples of cases that often occur in today's society, namely bribery in the
business world. Like a bribery against project tenders. Who is able to pay a million, he will be
the winner of the tender. The tender test is not based on professionalism, but who is the one
who pays the most bribe money, he is entitled to win the tender. So this form of business is
forbidden, because there is an element of qimar (gambling) in it.
THANK YOU