Question: Really sales with advance payment system (deposit / downpayment-DP), then if the transaction fails, may I take the cash advance? How to purchase it right?
Ahmed - Waterford
0815xxxxxxx
Answer: Buying and selling is known in the language of jurisprudence by the term 'urbun. The best definition for buying and selling is what has been delivered Ibn Qudama rahimahullahu, namely a person buys goods and then pays the seller a dirham. With the requirement, if the buyer so buy them then the money was calculated from the price, and if it does not buy it then it belongs to the seller.
About legal buy-sell it, there is a difference of opinion among the scholars:
1. The majority of the scholars, the history of Al-Imam Ahmad rahimahullahu and boosted by Abul Khaththab rahimahullahu from among the scholars Hanbali and Ibn Qudama rahimahullahu said that it was appropriate to qiyas. This opinion is also corroborated by the ash-Syaukani rahimahullahu. They all said that the sale and purchase 'urbun according to the description above, null and void. With the argument hadith which reads:
نهى عن بيع العربون
"Allah forbids buying and selling 'urbun."
2. 'Umar Ibn Khaththab, Abdullah - son - radi' anhuma, Ibn Sirin, Nafi 'bin Abdul Haris, Zaid bin Aslam rahimahumullah, one other history of Al-Imam Ahmad rahimahullahu and is famous among scholars Hanbali, they allow the sale and purchase appropriate picture above.
With reason:
The hadith mentioned above dha'if
Because the seller could be a reason to bear the loss with waiting period. For example the price of the goods to be dropped or seller loses prospective buyers. All risks are borne seller if the buyer thought better to buy. Similarly, the next buyer can bid more expensive after the first left by the buyer.
However, advised to the seller, if he does not bear any losses for that money back in order to maintain piety.
On the basis of which allow the sale and purchase 'urbun, then excluded three circumstances:
1. On something that is required by syar'i must cash in each of the items are interchangeable, ie goods that contain usury (see explanation of the issue of Riba in Islamic Ash 28). For example money, such as exchange real money with real Yemen Arabia. So should not apply the system 'urbun.
2. Something that is required to be submitted in cash and full on any of the goods exchanged, namely the buying and selling greeting system. Where required in cash to give money in full in advance. So the system should not be imposed 'urbun.
3. On condition that the seller does not have the goods sold, then should not the system 'urbun.
(Summarized by Qomar ZA, from explanations ash-Shaykh Abd al-'Adani in his book Syarhul Buyu ', p.. 36-37)
1 Considered weak by the scholars, among them by Ash-Shaykh Al-Albani rahimahullahu in Dha'iful Jami 'Ash-Shaghir, Dha'if Abu Dawud, Ibn Majah Dha'if, Misykatul Mashabih. Due to its isnaad not connected between the Al-Imam Malik rahimahullahu with 'Amr ibn Syu'aib. Namely Al-Imam Malik narrated rahimahullahu balaghan way.
2 bay system that is someone buys an item that is not in the hands of the seller but he has in mind. So the buyer and seller agree on items purchased and their properties and buyers give up money in advance in full. In this case the goods required to be clear, its nature is clear, the numbers are clear and the time was clear.
(by: Moslem Comunity)
Fiqh
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