Example of a Vanity Sale and Purchase and its Forms

Examples of Vanity Sale and Purchase – In Islam, all the activities of His servants have been arranged in such a way. No exception with the buying and selling system which of course must meet the applicable Islamic requirements. In connection with being ordered by Muslims to work, the buying and selling system also becomes a business that can obtain gifts from Allah SWT. Even the profession of Rasulullah SAW was trading, which of course relied on a trading system with other people. When carrying out a buying and selling system, it is not only about getting the maximum profit, you know , but also must aim to earn the pleasure of Allah SWT. What’s more, goods that are used as objects in the buying and selling system must also be of benefit to others.

Therefore, Allah strictly forbids Muslims to carry out a vanity buying and selling system, aka trading in illicit goods. Unfortunately, even though it is clearly prohibited in Islam, there are still many Muslims who violate this rule. Indeed, what are the examples of buying and selling vanity? What is the law of buying and selling vanity which uses prohibited items? So, so that Sinaumed’s understands these things, let’s look at the following review!

Examples of Vanity Sale and Purchase in Everyday Life

Basically, a vanity sale and purchase is when we carry out the transaction system by not fulfilling the pillars and conditions of buying and selling that have been taught in Islam. In short, the buying and selling system that has been carried out instead uses prohibited items and takes large amounts of usury. The following are examples of fraudulent buying and selling that often occur in human daily life, which we must avoid and should not do.

  1. Selling tiren chickens (dead yesterday) to buyers.
  2. Selling cats that are still in the sack.
  3. Selling stale food to others.
  4. Selling fruit that is still on the tree, where the exact number of scales is not known.
  5. The goods being traded do not exist, but acknowledge that the goods are ready.
  6. Selling human fetuses (abortion).
  7. Selling animal carcasses for food.
  8. Selling fish that are still in the pond, even though you don’t know the exact amount.
  9. Selling baby animals that are still in their mother’s stomach.
  10. Selling counterfeit goods.
  11. Selling damaged goods, but the damage is covered in such a way that potential buyers don’t know about it.
  12. Doing a buying and selling system using counterfeit money.
  13. Selling liquor, which is prohibited in Islam.
  14. Selling other people’s things without their knowledge.
  15. Selling sharp weapons to robbers.

What is Vanity Sale and Purchase?

After knowing examples of buying and selling vanity that often occur in everyday life, does Sinaumed’s understand what is the definition of that? If you don’t understand it, let’s look at the following review!

If traced according to language, the term “vanity” means ‘unused, useless, useless, damaged, and useless’. Well, if there is a sale and purchase transaction that is false, then it is not valid or even contains elements that can make it invalid. The invalidity of a sale and purchase transaction can occur due to several things, starting from the contract, the object, to something that violates the general rules of a valid transaction. Therefore, it can be concluded that,

“A vanity sale and purchase transaction is the occurrence of a contract that does not fulfill the pillars and conditions of sale and purchase, thereby violating the limits and causing the transaction activity to become invalid or useless.”

So, now Sinaumed’s understands that selling and buying in vain is very disliked by Allah SWT. In fact, Allah SWT also provides arguments for prohibiting His servants from not having an economy, alias transacting vanity. The argument for this prohibition is mentioned in QS Al-Nisa/4: 29, which reads:

It means:

O you who believe! Do not eat each other’s wealth in a vanity (unrighteous) way, except in trading that applies on the basis of mutual consent between you. And don’t kill yourself. Indeed, Allah is Most Merciful to you.”

In the fragment of the Al-Nisa verse, it is clear that Allah SWT has indeed forbidden believers from eating, utilizing, and using wealth in a vanity way, aka it is not justified by the shari’a. In addition, the verse also discusses that buying and selling transactions should follow the Shari’a so that the parties concerned, both the seller and the buyer, will receive the pleasure of Allah SWT.

Law of Sale and Purchase of Vanity with Prohibited Items

In the vanity trading example that was explained earlier, there are examples of animal carcasses and liquor transactions. This is in accordance with the agreement of the Fiqh Ulama who are of the opinion that indeed uncleanness, carrion and khamar (liquor) cannot be traded and will be illegal. Fiqh scholars are of the opinion that following the words of Rasulullah SAW who said that “Indeed, Allah forbids buying and selling khamar (liquor), carrion, pork and idols”. 

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At that time, someone asked Rasulullah SAW about how buying and selling transactions use carrion fat, because it can be used as a coating for boats, oiling skin, and fuel for lamps. Then, Rasulullah SAW replied, “No, all of that is haram…”

The most basic reason for the prohibition of buying and selling unclean objects is according to the hadith of Jabir bin Abdullah which states that Rasulullah SAW once said, ” Indeed Allah and His Messenger forbid the buying and selling of intoxicants, carrion, pigs and statues” . Not only that hadith, Rasulullah SAW also said that: “Verily, Allah, if he forbids something, He forbids the price.”

That is why the scholars have the principle that unclean goods such as pork, carrion, blood, and khamr are forbidden to be traded. Sinaumed’s certainly knows that in the Islamic religion, dogs are impure, but currently they are being traded freely, so what about that?

According to some scholars of the Hanafi School and the Maliki School, they allow the sale and purchase of dogs, because they follow the word of Allah SWT contained in surah Al-Maidah verse 4, which reads:

It means:

They ask you (Muhammad), “What is lawful for them?” Say, “What is lawful for you (is food) that is good and (game caught) by the hunting animals that you have trained to hunt, which you have trained according to what Allah has taught you. Then eat what he caught for you, and mention the name of Allah (when releasing it). And fear Allah, verily, Allah is very fast in His reckoning.”

Prohibited Forms of Vanity Sale and Purchase Transactions

In fact, Islam has provided clear guidelines in terms of transactions so that the process and results are lawful and tayyib. There are several outlines that are emphasized regarding this vanity transaction, which is caused by the following 2 factors:

a) Illegal Substance (Object of Transaction)

A sale and purchase transaction will be considered null and void if the goods or services used are objects that are indeed haram and prohibited in Islam. Call it alcohol, carrion, pork, drugs, and human organs.

b) Unlawful Apart from the Substance (Method of Transaction)

A sale and purchase transaction will be considered null and void if the process or method of transaction does not follow the procedures in Islam. In this regard, the following explanation.

1. Riba

The holy book Al-Quran has explained that usury is indeed unlawful, regardless of the form and how much. This is according to the word of Allah SWT in QS. Al-Baqarah verse 275 which reads,

It means:

“Those who eat usury cannot stand but are like the standing of a person who has been possessed by a demon because he is mad. That is because they say that buying and selling is the same as usury. Whereas Allah has justified buying and selling and forbidding usury. Whoever gets a warning from his Lord, then he stops, then what he has earned before becomes his and his business is (up to) Allah. Whoever repeats, then they are residents of hell, they are eternal in it.

Not only that, the hadith of Rasulullah SAW also discussed usury. He said:  “Riba is seventy sins; his lightest sin is (the same as) the sin of the person who commits adultery with his mother.” (From Abu Hurairah ra).

In language, the term “usury” can mean ziyadah (additional), but can also mean ‘grow and enlarge’. While in terms, usury can mean additional taking of basic assets or capital in vanity, usury can be grouped into 2, namely usury in debt and usury buying and selling.

2. Garar

Garar is something that is unclear and cannot be guaranteed or ascertained, both mathematically and rationally with respect to the price until the time of payment for the goods. According to some experts, there are reasons for this illegal transaction, namely:

  • Lack of information relating to the nature, price, specifications, and delivery time of the goods to be traded to prospective buyers.
  • Transaction object does not exist.

If this garar transaction is still carried out, it will cause disputes. Why so? Because the goods to be traded are not well known (no form), so they can be considered fraud.

Indeed, the term “garar” is rarely mentioned in the Koran, but in surah Al-Nisa verse 29 it contains things that are included in the element of garar (contained in vanity transactions). Meanwhile, according to the hadith of Rasulullah SAW, in fact many say that this garar transaction is haram. One of these hadiths states that: “Rasulullah SAW. forbid buying and selling of ḥuṣāh and buying and selling of garar”. 

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3. Bay’u Najasy

In short, Bay’u Najasy is when there is a group of people who agree to act as buyers and pretend to bid on goods in the market, with the aim of trapping other people (sellers) into participating in the bargaining process. Later, a fake request will appear by increasing the selling price and a third person (potential buyer) will be provoked into buying the item.

If that’s the case, of course Bay’u Najasy is part of a scam. Rasulullah SAW has prohibited this vanity transaction in his hadith which reads: “Rasulullah SAW. prohibit Najasy transactions” (according to Ibn Umar).

In this day and age, there are many kinds of Bay’u Najasy practices, ranging from spreading rumors, placing purchase orders, and many others. Well, when the price of goods has gone up, of course the seller will ‘release’ the goods so that he gets a big profit. This also often occurs in the process of auctioning goods.

4. Maysir or Qimar

In short, it is a gambling process. All forms of transfer of property or goods from one party to another in the form of a game, where one party will benefit, while the other will lose money. There are many types of gambling, which usually use money as bets, ranging from horse racing, football matches, card games, and so on.

Of course, Sinaumed’s already knows that gambling is prohibited in Islam, as stated in QS Al-Baqarah verse 219, which reads,

It means:

“They ask you (Muhammad) about alcohol and gambling. Say, “In both there is a great sin and some benefits for mankind. But the sin is greater than the benefit.” And they ask you (about) what they (should) spend. Say, “Excess (of what is necessary).” Thus Allah explains His verses to you so that you will think.”

5. Risywah (Bribery)

According to the language, Risywah means ‘a gift given to someone to get a certain interest’. Meanwhile, according to the term, Risywah can have a definition in the form of ‘a gift aimed at nullifying what is right and strengthening and winning over what is wrong’. Islam blatantly forbids the existence of Risywah or bribery in the process of buying and selling transactions, it has even been categorized as a grave sin, as in the words of the Prophet Muhammad: “The Messenger of Allah cursed bribers and those who accept bribes…”

6. Ihtikar

Ihtikar is the activity of accumulating goods that are needed by many people, then the perpetrator releases these goods little by little at very high selling prices, with the aim of getting a lot of profit. In short, this endeavor is the same as hoarding goods that are needed by many people for the sake of big profits.

If Sinaumed’s still remembers, during the Covid-19 pandemic, there were cases of hoarding of groceries and cooking oil by irresponsible persons, right ? Well, that is also included in ihtikar transactions which are clearly prohibited in Islam. As with the words of Rasulullah SAW which reads, “Whoever hoards (goods & services of basic needs) has committed a mistake (sin).” 

7. Talaqqi al-Jalab or Talaqqi Rukban

Talaqqi al-Jalab is when some traders welcome the arrival of goods from other places who want to sell in their country, then they offer lower prices than in the market. In short, this is deception and is certainly a grave sin. If talaqqi al-Jalab is carried out continuously, it can become a form of fraud and harm many people.

As with the words of Rasulullah SAW which reads, “We used to welcome traders from outside, then we bought their food. Prophet peace be upon him. then forbade us to carry out such buying and selling and let them arrive at the food market and sell there”. (from Abdullah bin Umar).

Well, that’s a review of examples of invalid buying and selling along with the definition of the invalidity of a buying and selling transaction. Do Sinaumed’s still often see examples of this fraudulent buying and selling around your neighborhood?

Source:

Rafi, Irshad. (2020). Allah’s Prohibition in a Vanity Economy . Alauddin State Islamic University. Macassar.

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