The Islamic perspective on buying and selling is derived from the sources of the Qur’an and Hadith. What are the legal evidence for buying and selling along with the pillars and conditions for its validity?
Buying and selling are essential activities in life, as no one can fulfill all their needs on their own. It is necessary to interact with others who can help meet those needs, one of which is through buying and selling transactions. Islam provides a prescribed way of buying and selling, along with its ethics. Buying and selling need to adhere to guidelines to avoid engaging in prohibited behaviors. Therefore, every Muslim should be aware of and understand the textual evidence about buying and selling to conduct transactions correctly.
Qur’anic Evidence about Buying and Selling
There are several places in the Qur’an and Hadith that address buying and selling in Islam. Some evidence about buying and selling allows transactions but prohibits harmful usury. Additionally, there are teachings about the ethics of buying and selling that should be considered during transactions.
1. Evidence from Surah Al-Baqarah, Ayah 275
The meaning of this verse is: “Those who consume interest cannot stand [on the Day of Resurrection] except as one stands who is being beaten by Satan into insanity. That is because they say, ‘Trade is [just] like interest.’ But Allah has permitted trade and has forbidden interest. So whoever has received an admonition from his Lord and desists may have what is past, and his affair rests with Allah. But whoever returns to [dealing in interest or usury] – those are the companions of the Fire; they will abide eternally therein” (Qur’an, 2:275).
2. Evidence from Surah An-Nisa, Ayah 29
The meaning of this verse is: “O you who have believed, 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]” (Qur’an, 4:29).
3. Evidence from Surah Asy-Syu’araa, Ayah 181-183
The meaning of these verses is: “Give full measure and do not be among those who cause loss. And weigh with an even balance. And do not deprive people of their due and do not commit abuse on earth, spreading corruption” (Qur’an, 26:181-183).
4. Evidence from Surah Al-Muthaffifin, Ayah 1-3
The meaning of these verses is: “Woe to those who give less [than due], who, when they take a measure from people, take in full. But if they give by measure or by weight to them, they cause loss. Do they not think that they will be resurrected?” (Qur’an, 83:1-4).
5. Evidence from Surah Al-Jumuah, Ayah 9-10
The meaning of these verses is: “And when the prayer has been concluded, disperse within the land and seek from the bounty of Allah, and remember Allah often that you may succeed. But when they saw a transaction or a diversion, [O Muhammad], they rushed to it and left you standing. Say, ‘What is with Allah is better than diversion and than a transaction, and Allah is the best of providers'” (Qur’an, 62:10).
6. Evidence from Surah An-Nur, Ayah 37
The meaning of this verse is: “Men whom neither commerce nor sale distracts from the remembrance of Allah and performance of prayer and giving of zakah. They fear a Day in which the hearts and eyes will [fearfully] turn about” (Qur’an, 24:37).
7. Evidence from Surah Al Baqarah, Ayah 198
The meaning of this verse is: “There is no blame upon you for seeking bounty from your Lord [during Hajj]. But when you depart from ‘Arafat, remember Allah at al- Mash’ar al-Haram. And remember Him, as He has guided you, for indeed, you were before that among those astray” (Qur’an, 2:198).
Hadith Evidence about Buying and Selling
Several Hadiths from Prophet Muhammad address buying and selling and trade. Here are some of those Hadiths:
1. Hadith narrated by Bazzar and Al Hakim
The Prophet Muhammad was asked, “What is the best occupation?” He replied, “A man’s occupation with his own hands and every good sale” (Bazzar and Al Hakim).
2. Hadith narrated by Al Baihaqi
The Prophet Muhammad said, “Indeed, buying and selling must be based on mutual consent” (Al Baihaqi).
3. Hadith narrated by Muslim
The Prophet Muhammad said, “Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, salt for salt, like for like, equal for equal, hand to hand. If the types are different, then sell as you wish, provided that the exchange is made on the spot” (Muslim).
4. Hadith narrated by Imam Ahmad
The Prophet Muhammad said, “Indeed, traders are wicked people.” The companions were surprised and asked, “Hasn’t Allah allowed trading, O Messenger of Allah?”. He replied, “Yes, but when traders display their merchandise, they talk about it and then lie, they swear falsely, and engage in wicked deeds” (Musnad Imam Ahmad 31/110).
5. Hadith narrated by Abu Daud and Ahmad
The Prophet Muhammad said, “Indeed, if Allah forbids a people to eat something, then its earnings are also forbidden” (Abu Daud and Ahmad).
6. Hadith narrated by Ibn Majah
The Prophet Muhammad said, “A Muslim is a brother to another Muslim. It is not lawful for a Muslim to sell goods that have defects to his fellow Muslim without disclosing those defects” (Ibnu Majah).
7. Hadith narrated by Tirmidhi
The Prophet Muhammad said, “Honest and trustworthy merchants will be with the Prophets, the truthful, and the martyrs” (Tirmidhi).
The Legal Status of Buying and Selling in Islam
Based on the Quranic verses and Hadiths mentioned earlier, every Muslim is allowed to engage in buying and selling activities. The default ruling on buying and selling is permissible and lawful unless there are prohibitions from the contract being transacted.
The general permissibility of buying and selling is mentioned in the following Quranic verses:
“…Padahal Allah telah menghalalkan jual beli dan mengharamkan riba…” (QS. Al-Baqarah: 275)
“…Tidak ada dosa bagimu untuk mencari karunia (rezeki hasil perniagaan) dari Rabbmu…” (QS. Al-Baqarah: 198)
According to ijma, scholars agree on the permissibility of buying and selling (Al-Mawsu’ah Al-Fiqhiyyah, 9:8). Based on qiyas, every human being needs to engage in buying and selling because there is a dependence on obtaining money and goods from others. Buying and selling is allowed to achieve this goal through a reciprocal process.
Furthermore, there are rules regarding the valid conditions for buying and selling in Islam. These conditions include:
– Both parties must be satisfied with the transaction
– The person engaging in the transaction must be allowed to do so. They should not be foolish, insane, or minors
– The item being sold must be beneficial and permissible in Islam. It should not be classified as haram
– The item must be fully owned by the seller, or someone is authorized to sell on behalf of the owner
– The item being sold should be clear and not ambiguous, and it should be deliverable from the seller to the buyer
– The item should have a clear price
In addition, there are specific conditions that need to be met for a transaction to be valid, such as:
– The buyer and seller must be of sound mind
– The item being sold must be lawful
– The item must be owned by the seller
– The item must be deliverable
– The price must be agreed upon
In conclusion, buying and selling in Islam is a fundamental aspect of economic activity. It is guided by principles outlined in the Quran and Hadith, ensuring that transactions are conducted ethically and fairly. By following these guidelines, Muslims can engage in business activities while upholding the values and teachings of Islam.
