798
Justisia Ekonomika Jurnal Magister Hukum Ekonomi Syariah Vol 7.
No 2 tahun 2023 hal 798-809 EISSN: 2614-865X PISSN: 2598-5043 Website: http://journal.
um-surabaya.
id/index.
php/JE/index THE SYSTEM OF BUYING AND SELLING ARISAN MONEY IN ANTHROPOLOGY REVIEW OF ISLAMIC LAW (Case Study In Toteker Hamlet.
West Banuaju Village.
Batang-Batang.
Sumene.
Hairil Fatah1.
Muh Nashiruddin2.
M Usman3
1,2,3
UIN Raden Mas Said Surakarta e-mail: hairilfatah9@gmail.
com1, muh.
nashiruddin@staff.
id2, m.
usman@iainsurakarta.
Abstract Buying and selling arisan money in Toteker Hamlet.
West Banuaju Village.
Batang-Batang.
Sumenep Regency is a practice that has been passed down from generation to generation, those who carry out the practice of buying and selling arisan money are not only farmers, and traders, but also a religious teacher.
Each of them does it with different levels of background and needs, so it is important to reveal the reasons for each of them to practice buying and selling, the motives of the religious teachers involved, and the position of these practices in Islamic law.
This study aims to analyze the system of buying and selling arisan money in an anthropological study of Islamic law, uncovering the identities of the parties involved, the underlying factors, and the reasons for the practice of buying and selling, then to find out its status in Islamic law.
This research method uses field qualitative methods with data collection procedures through observation, interview, and The results of the study show that in the perspective of Islamic law anthropology, the practice of buying and selling arisan money is carried out by farmers, traders, and religious Buying and selling are done in a state of compulsion .
and require additional .
urchase nomina.
for similar goods which are included in usury, as well as the existence of hilah carried out by some religious teachers for personal gain.
Keywords: Anthropology.
Buying and Selling Arisan.
Islam is believed to be perfect by its adherents as a religion that not only regulates ritual matters but also regulates all aspects of life1 such as the economy which is currently called business or buying and selling .
ai') in all its forms.
Islam allows buying and selling and forbids everything that is classified as usury, as the word of Allah in QS: al-Baqarah "even though Allah has justified buying and selling and forbidding usury.
Ay2 Basically buying and selling is included in the field of mu'amalah which is permissible as long as there are no provisions prohibiting it, in fiqh rules it is explained, "the law of mu'amalah is permissible until there is evidence that forbids itAy.
Usman.
The Historical Contextualization of Islamic Law: The Relevance of Umar bin alKhattab's Ijtihad to Munawir Sjadzali, (Sukoharjo:
CV.
Diomedia, 2.
, p.
Ministry of Religion of the Republic of Indonesia.
Al-Quran and Its Translation, (Kartasuro: Madina Qur'an Publisher, t.
, p.
Djazuli.
Fiqh Rules, (Jakarta: Prenadamedia Group, 2.
, p.
See also: Sa'duddin Muhammad al-Kibyi, al-Mu'amalah al-Maliyyah, (Beirut: t.
p, 2.
, p.
From this concept it is understood that buying and selling activities are divided into two, first is what is permissible .
and second is what is forbidden .
amnu'): to differentiate depending on the practice whether referring to Islamic law or vice versa.
The provisions for buying and selling activities as regulated in Islam are based on willingness, benefit, justice, mutual help, and avoiding the practice of interest .
, as well as tyranny, exploitation, or manipulation.
Described in a hadith of the Prophet SAW.
"in fact the Prophet SAW.
, once asked by a friend about the best work .
, he replied, is the work .
of a person from the results of his own labor and every good trade .
(HR.
al-Bazzar dan alHaki.
Ay4 This stipulation is a benchmark for buying and selling activities whether it is permissible or vice versaAibecause it does not rule out the possibility that there are still many buying and selling practices in society that still deviate from the provisions of Islamic law either due to ignorance ('awa.
, tradition .
, or circumventing the law for the sake of fulfill the interests of lustAione of which is in Toteker Hamlet.
West Banuaju Village.
Batang-Batang SumenepAifound the practice of buying and selling arisan money among members.
The arisan in question is an activity of collecting money or goods of the same value by several people then drawing lots among them to determine who gets it, the draw is held in a meeting periodically until all members get it.
5 Deposit money Rp.
50,000
ifty thousand rupia.
x 230 members = 11,500, 000 .
leven million five hundred thousand rupia.
once a week.
6 The order of each member is uncertain depending on the luck of each, it could be that the first serial number gets the last and so on.
Abu Bakar Ahmad Husein bin Ali al-Baihaqi, alSunan al-Kubra.
Tahqiq: Muhammad Abdu alQadir Atha.
Juz.
Edition i, (Beirut-Lebanon:
Dar al-Kutub al-Ilmiyyah, 2.
, p.
Big Indonesian Dictionary.
Edition IX, (Jakarta: PT.
Gramedia Pustaka Utama, 2.
, p.
Ibu Saudah, interview, 10.
May 2023, 08.
00 WIB
Due to uncertainty from one week to the next, whose lottery7 number will come out, there is a momentum where parties who do not have an urgent need for their lottery numbers come out first.
while those who really need it don't get it: then, it is allocated to parties .
who need it more with a buying and selling system .
: with the condition that the money amounting to Rp.
11,500,000 .
leven million five hundred thousand rupia.
minus Rp.
ive hundred thousand rupia.
as the purchase priceAiwhich is then the remaining Rp.
11,000,000 .
leven million rupia.
, and that is the nominal amount received by the buyer.
As for the drawing order for the buyer, it automatically passes into the hands of the seller, with the condition that once the lottery is drawn out, the money belongs to the seller in its entirety .
ithout any deductio.
The amount of sales depends on the agreement of both parties and the standard is Rp.
ive hundred thousand rupia.
,9 even under certain conditions whatever the price will be taken by the buyer because of the factor of need.
This kind of practice may occur in other places, but specifically in Dusun Toteker, who are in their 30s, members of the arisan consist of religious teachers who incidentally are community leaders.
Until now Islamic law has not questioned the practice of buying and selling, instead the involvement of religious teachers is perceptions arise whether the practice of buying and selling money for social gatherings is permissible, or what is the lottery terms, lottery is a term used to determine or choose .
uch as to determine who is entitled to something, who came first, etc.
see Indonesian Language Dictionary (KBBI): The author uses the term lottery because there are numbers that are written on paper and then folded and put together in one container.
Bapak Nikdaya, interview, 08 May 2023, 18.
WIB
Bapak Masdar, interview, 12 April 2023, 12.
WIB
reason for religion teacher to get involved in Based on this brief description, it is important to carry out further research on actual practice.
Therefore, an anthropological approach to Islamic law is very helpful in tracing the parties involved, the underlying factors, and whether or not there is an element of usury, including its relation to the system of customs as an interconnection between the community and the local culture.
Because the practice comes from various circles, the anthropological approach to Islamic law is very suitable to be used to see the identity of arisan members who intersect with Islamic law itself.
And this approach has never been used by previous researchers in cases of buying and selling social gatherings such as Lindawati's research .
, review of Islamic law on buying and selling arisan .
case study in Prenduan village.
Pragaan subdistrict.
Sumenep Madura distric.
Sintawati .
Review of Sharia Economic Law on Arisan Trading in Sukamanah Village.
Jatinunggal District.
Sumedang Regency.
Fatahul Lathip .
The Practice of Buying and Selling Arisan Uang in a Review of Muamalah Jurisprudence (Case Study in Tegalduwur Hamlet.
Wadunggetas Village.
Wonosari District.
Klaten Regenc.
Nur Kartika Sari .
Review of Islamic Law on Conditional Arisan (Case Study in Kranggan Soldiers Kulon Mojokert.
Aiso this research approach is completely new.
And the purpose of this study is to find out the anthropological review of Islamic law on the practice of buying and selling arisan money in Toteker Hamlet.
West Banuaju Village.
Batang-Batang subdistrict.
Sumenep, so that it will provide benefits to the community about the provisions of Islamic law and the factors behind the parties to buy and sell.
Research Methodology Based on the background of the problem above.
This study uses a type of qualitative research, namely where a researcher usually looks for meaning, understanding, or understanding of an ongoing phenomenon of human life, and the task of a researcher is not one-time in collecting data to be managed, but through the stages of a long process from the beginning to the end of the activity so that the data obtained is more integrally accurate, and the presentation of the data is done in a narrative and holistic manner10 The data sources of this research consist of primary and secondary sources.
The primary data was obtained from the daily arisan management, such as chairman, secretary, treasurer, and arisan members.
Secondary data was obtained from the surrounding community who witnessed the practice of buying and selling arisan money and some literature that supports research data in the form of books, journals, and the like.
Data collection techniques were obtained through structured interviews orally .
ace to fac.
with the head of the arisan, arisan members, and the local community.
Eleven samples were taken from farmers, two traders, two religious teachers, and all were given the same questions .
esearchers prepared beforehan.
The approach used is the anthropology of Islamic law: first, using the perspective of Islamic law .
l-Quran, al-hadith, and books of fiq.
, second, using anthropology .
xploring the identities of the parties, the underlying factors, and the influence of local custom.
After the data is obtained, it will be compiled.
Muri Yusuf.
Research Methods: Quantitative.
Qualitative and Combined Research.
Edition I, (Jakarta: Kencana, 2.
, p.
Results and Discussion Buying and Selling Buying and selling is synonymous with exchange,11 in the Arabic vocabulary the word AusellAy is a translation of the lafadz Aubai'Ay the plural form Aubuyu'Ay and the Auba'a-yabi'u-bai'anAy means sell.
The word "bai'" means selling and is used for the meaning of the antonym, namely "syira'/syara'a" means buying.
Thus the word "bai'" .
and "syira'" .
mean buying and selling.
13 Taqiyuddin defines "giving something in exchange for something 14 Dimyaudin Djuwaini quoted the opinion of Imam An-Nawawi, explains that buying and selling is "a way for humans to interact with each other and then exchange property for possessions".
15 Or the form of a contract/transaction on the object of goods or services carried out between the seller and the buyer,16 to be utilized .
through the existence of agreements and ways that are Anthropology of Islamic Law The term anthropology is taken from the Greek "anthropos" meaning human and "logos" meaning science,18 means the science that studies humans about skin color, physical form or the cultural system that encompasses them,19 or various cultural traditions, physical differences, personality traits, traits and institutions20 that are produced in a variety of 21 This science is part of the discipline of social scienceAihumans are the focus of According Kuncaraningrat, anthropology is divided into two parts.
First, physical anthropology is the science that talks about human origins and second, cultural anthropology, namely the field of science that discusses archeology or ethnography23 in a universal framework to reach problems in society related to religion, meaning that religion .
ocio-religiou.
can be seen through Anthropology focuses its attention on the space and time sessions in society as a single resident living in the same area, in contrast to sociology which focuses more on the general public as a whole and their social Hariman Surya Siregar and Koko Khoerudin.
Fiqh Mu'malah Theory and Implementation, (Bandung:
PT.
Remaja Rosdakarya, 2.
, p.
Al-Munawwir.
Al-Munawwir Arabic Indonesian Dictionary, (Yogyakarta: Prenada Group, 2.
, p.
Abdul Rahman Ghazaly, et al.
Fiqh Mu'malah.
Edition IV, (Jakarta: Prenadamedia.
Group, 2.
Imam Taqiyuddin.
Kifayah al-Ahyar.
Juz.
(Semarang: Toha Putra, t.
, p.
Damyauddin Djuwaini.
Introduction to Fiqh Muamalah, (Yogyakarta: Student Library, 2.
, p.
Ismail.
Islamic Banking.
Edition IV, (Jakarta:
Prenadamdia Group, 2.
, p.
Hendi Suhendi.
Fiqh Mu'amala, (Jakarta: Raja Grafindo Persada, 2.
, p.
Koko Abdul Kodir.
Methodology of Islamic Studies.
Edition I, (Bandung: Faithful Readers, 2.
, p.
Koentjaraningrat.
Introduction to Anthropology:
Fundamentals of Ethnography, (Jakarta: Rineka Cipta, 2.
, p.
Roger M.
Keesing.
Cultural Anthropology: A Contemporary Perspective, trans.
S Gunawan.
Cultural Anthropology:
Contemporary Perspective.
Volume I, (Jakarta: Erlangga.
, p.
Tajul Arifin.
Anthropology of Islamic Law, (Bandung: UIN Sunan Guung Djati, 2.
, p.
Akbar S.
Ahmad.
Towards Islamic Anthropology, (Jakarta: Media Dawa, t.
, p.
Kuncaningrat.
Introduction to Anthropology, (Jakarta: New Script, 1.
, p.
Quoted by M.
Dimyati Huda.
Anthropological Approach in Islamic Studies.
Didaktika Journal.
Vol.
No.
, p.
Jamali Sahrodi.
Methodology of Islamic Studies:
Tracing the Traces of Islamic Studies in the Style of Orientalist Islamic Studies.
Edition I, (Bandung:
CV.
Pustaka Setia, 2.
, p.
25 Anthropology provides a special construction of thoughts about the way of life and human behavior in everyday life,26 it also opens the horizons of human insight in the trajectory of space and time.
With regard to the anthropology of Islamic law, it can be understoodAihumans as the focus of his study are living entities who struggle, interact in socio-societal stratifications that have both primitive and modern cultures,27 emphasizing the interconnection .
between law and socio-religious phenomena/symptoms factually in community life: how the law functions, works as social control or actively .
ocial Anthropology in this context is not a normative discipline, but a categorical discipline, meaning that it aims to explain empirical phenomena that occur, not to explain what should have happened.
Socio-cultural socio-religious phenomena in society are always related to the Islamic legal system or customs.
relation to Islamic law in a narrow sense is the integration of shari'a and fiqh,29 in the form of practical shari'ah law obtained through detailed argumentation, or Allah's provisions revealed to His Messenger and then disseminated as a human guide in achieving Mahmud and Ija Suntana.
Educational Anthropology.
Edition i, (Bandung: CV.
Pustaka Setia, 2.
, p.
Hasan Baharun, et al.
Methodology of Islamic Studies: Sparks of Thought Figures in Grounding Religion.
Edition II, (Jogjakarta: Ar-Ruzz Media, 2.
, p.
Okta Hadi Nurcahyono.
Anthropology Student Book for Class XI SMA.
Edition I, (South Jakarta:
Center for Books, 2.
, p.
Tajul Arifin.
Anthropology of Islamic Law.
Edition I, (Bandung: Center for Research and Publishing UIN Sunan Guung Djati Bandung, 2.
, p.
Usman.
Historical and Philosophical Analysis of Munawir Sdadzali's Re-actualization of Islamic Law Thought.
Dissertation, (Sunan Kalijaga State Islamic University Yogyakarta, 2.
, p.
the goal of a prosperous and safe life in the Anthropological Review of Islamic Law Against the Practice of Buying and Selling Arisan Money The members of the arisan come from various backgrounds, including farmers, traders, and religious teachers.
These differences in background are unique from an anthropological point of view, giving rise to diversity and the level of characteristics of different social conditions.
From the classification of the three social statuses, only some practice the sale and purchase of arisan money, and the authors present it in chart form below.
The Parties Members/Participants Amount Farmer Merchant Religion Teacher Ever Did The Practice Of Buying And Selling Arisan Money Yes Yes Yes Source: interview with the head of the arisan (Mr.
Tom.
The chart above, anthropologically illustrates that arisan members consist of three elements, first, two hundred and fifteen farmers, who carried out the practice of buying and selling arisan money for eleven secondly, there are eleven merchants, and only two people who carry out the practice of buying and selling arisan money, and and third, there are four community leaders, while two people carry out the From the table it can be understood that those who often practice buying and Achmad Irwan Hamzani.
Principles of Islamic Law Theory and Its Implementation in Legal Development in Indonesia, (Yogyakarta: Thafa Media, 2.
, p.
selling arisan money are the majority of Factors and Reasons for Buying and Selling Arisan Money The factor behind the practice of buying and selling arisan money is due to an urgent .
need from a member of the arisan from a lower middle class .
ead: poo.
31 On the other hand, the social condition of the Toteker hamlet community is filled with a rent-seeking system which causes the community to feel difficult about where to borrow money when they need a loan, so they end up taking the path of buying arisan money which can at least meet their primary needs.
32 That way is considered easier than borrowing using a rent system that continues to multiply.
Mr.
Surawi had to buy from Mr.
Pusahe because he was hit by a death accident and coincided with Saturday .
unday nigh.
the arisan draw, he informed the other members so that the money was sold to him.
33 These are some of the reasons why some arisan members buy and sell, and this condition is also often used by some people to make commercial gains, even though this kind of condition should be a place to help each other to ease the burden of life.
Allah SWT.
, said QS: al-Maidah verse 2 AaEe aIA a e AEaOA a AEaO eEa a aOE ac eC O nO aOaE aa aOIa eOA a AaOaa aOIa eOA a n AIA a AaO eEa aeOA "And help you in .
virtue and piety, and do not help each other in sin and Ay34AiThis verse is an advice to believers to help each other in good and to leave evil in the form of forbidding evil, sin.
Bapak Sukam, interview, 28 April 2023, 15.
45 WIB
Bapak SamaAoon .
eligion teache.
, interview, 18 April 2023, 20.
32 WIB
Bapak Surawi .
, interview, 28 April 2023, 11 WIB Ministry of Religion of the Republic of Indonesia.
Al-Quran and Translation, (Kartasuro: Madina Qur'an Publisher, t.
, p.
or unlawful things.
35 The recommendation to help each other applies to fellow Muslims who are experiencing difficulties as the Prophet SAW reminded him in his hadith:
AOcEE AO OI E I EI E AO OI ONA "Allah always helps a servant as long as the servant wants to help his own "36 Aithis hadith reminds Muslims to help each other in everything except matters of disobedience which are prohibited by As long as someone still pays attention to his brother who is a believer, then Allah will repay the kindness, including having to strengthen one another in the hadith of the Prophet SAW, saying:
AuI Ei EEi EEIOI O N A "A believer to another believer is like a building that strengthens one another.
"37Ai true believers strengthen each other in all fields including the economy.
Even a believer who is apathetic towards the condition of his brother has consequences for faith, the Prophet said.
AaE OII EI O O EaON I O EIANA "Rasulullah SAW.
, said that none of you has faith until he instills love .
for his own brother as love for himself.
Ay38AiAs for the process of buying and selling money for the first arisan, the buyer informs well before the draw, secondly, coordinates with Al-Hafidz 'Imaduddin Abil-Fada' Ismail bin 'Umar Ibn Katsir al-dimasyqi.
Tafsir al-Qur'an al-Karim.
Volume I.
Edition i, (Beirut-Lebanon: Dar alKutb al-Ilmiyah, 2.
, p.
Abi AoIsa Muhammad bin AoIsa bin Surah al-Tirmidzi.
Tahqiq: Mahmud Muhammad Mahmud Hasan Nasshar, al-Jami' al-Shahiha Sunan al-Turmudzi.
Volume i, (Beirut-Lebanon: Dar al-Kutb alIlmiyah, 2.
Abi AoAbdillah Muhammad bin IsmaAoil ibn Ibrahim bin al-Mughirah al-Bukhari.
Shahih al-Bukhari.
Volume I.
Edition Vi, (Beirut-Lebanon: Dar alKutb Ilmiyyah, 2.
, p.
Ibid.
the chairman of the arisan, thirdly, offers it to members who want it, and fourthly, buyers from outside members must go through one of the arisan members.
39 of the four reasons for the sale and purchase of the arisan money above are motivated by the conditions above, including contracts that occur not on the basis of willingness but because of coercion, and any sale and purchase is not legal without a voluntary basis.
Allah in the Qur'an surah anNisa' verse 29:
eAOeaOac aN Eac aOeIa aIIa eO aE ae aEEa eeO a eI aOEa aE eI a eOIa aE eI a eEaa aE acaaEA A aI eI aE eIA s A eI a a U AA a Aa eI a aE eOIa a aA "O you who believe, do not eat each other's wealth in a way that is vanity .
ot righ.
except in trade that applies on the basis of mutual consent between you.
Ay40AiImam alQurubi interprets the pronunciation of AIA A Ato mean A" I EOArejoice each other".
And Ibnu Katsir interprets "mutual disapproval between sellers and buyers, then do it and make it a cause in obtaining 42 Voluntarily in buying and selling is a principle that must be fulfilled, because buying and selling in forced circumstances results in invalidity, because the religious expert have distinguished bai'u al-shahihah with bai'u ghair al-shahihah.
43 And whether the sale and purchase is valid or not depends on the fulfillment of the pillars and Religious expert of the four madzhabs agree that there are three pillars of buying and selling: first 'aqid .
oth partie.
, second, ma'qud 'alai .
bject of buying and sellin.
, and thirdly sighat .
onsent and qabu.
As for the first requirement of 'aqid .
oth partie.
, .
, have the potential/skill to do .
trustworthy or has the potential to carry out religious affair.
, this also applies to buying and selling activities,45 then young children, crazy person people, and senseless people are excluded, .
, honest .
versus lying or treason,46 not under compulsion.
47 and .
Muslim religion.
Second, ma'qud 'alai .
bject of buying and sellin.
the conditions are .
, have value or size, .
, are holy .
ot unclean item.
and property/objects, .
, can be handed over, and .
, goods/objects, both the degree and nature of which are known to both parties.
And third, sighat .
onsent and consen.
the conditions are .
, the buyer says "I am selling this beaver" then the buyer answers "I accept/take .
, no separation or long silence.
compatibility between consent and qabul .
t- Contract Type and Sighat Bapak Umar, interview, 28 April 2023, 22.
00 WIB
Ministry of Religion of the Republic of Indonesia.
Al-Quran and Translation,AA.
Abi Bakr al-Qurubi.
Al-Jami' al-Aukam al-Qur'an.
Volume I, (Beirut: Mu'assasat al-Risalah, 2.
, p.
Abdurrahman bin Ishaq.
Tafsir Ibn Kathir.
Trans.
Volume.
II, (Bogor: Pustaka Imam Syafi'i, 2.
, p.
Dumairi Nor, et al.
Islamic Economics Salaf Version.
Edition I, (Pasuruan: Sidogiri Library, 2.
, p.
Muhammad al-Khatib Asy-Syarbini, al-IqnaAo fi Halli al-Fazhi Abi SyujaAo, (Beirut: Dar al-Fikr, 1.
, p.
Ahmad Umairah Ahmad Salama al-Qulyubi.
Hasyiyatani Aoala Kanz al-Raghibin.
Volume II, (Beirut: Dar al-Kutub, 1.
, p.
Zakariyya al-Anshari.
Hasyiyah Ibnu Abidin, (Beirut: Dar al-Fikr, t.
, p.
Abi Zakariyyah al-Anshari.
Fath al-Wahhab, (Surabaya: al-Hidayah, t.
, p.
Ibnu Masud and Zainal Abidin.
Fiqh Madzhab SyafiAoi, (Bandung: Pustaka Setia, 2.
, p.
With regard to goods or objects of sale and purchase in the form of manuscripts of the Qur'an, in the Syafi'i madzhab requires that the buyer must be a variety of Islam.
see Zainuddin al-Malibari.
Fath al-MuAoin fi Syarh Qarat al-AoAin, (Semarang: Toha Putra, t.
, p.
, there is no dependency, for example "I will sell this beaver when I finish my doctoral studies".
, not limited by time, for example "I sell this motorbike to you for a month".
Relating to the type of contract used in the practice of buying and selling arisan money in Dusun Toteker, namely pure sale and purchase contracts .
ai') and rental contracts .
: buying and selling applies to members of the arisan from among farmers and merchants, because they do not understand terms other than buying and Mr.
Pusahe said that a contract that is familiar is only buying and selling if it is replaced with another term, the more people don't understand.
50 Unlike the case with the practice of buying and selling in the hands of the religion teacher with the initials AZ, the lafadz uses buying and selling but the intention is an ijarah contract.
51 he said to make it easier to pronounce the buying and selling lafadz it is not questioned as long as the intention is not ijarah.
This is increasingly ambiguous even though there is a fiqh qaidah
AE AO ECO EEICA OEIIO aE eAA
AOEIIOA
"An expression .
in a transaction .
depends on the intent .
and its essence, not depending on the lafadzlafadz and editorial composition.
Ay52AiThis A fiqhiyyah rule reads AuI EC IC EE I E EOA A" ICAON II COE O AEAActually, a contract can be said to be a .
contract if it uses every device that indicates an intention in the form of speech or action.
" Lihat: Taqiyyuddin Ibnu Taimiyah.
MajmuAo al-Fatawa, (Madinah:
Mujammat al-Malik Fahd, 1.
, p.
Bapak Pusahe .
, interview, 28 April 2023, 12 WIB AZ .
, interview, 20 Mei 2023, 21.
WIB
Ahmad Musadad.
Qawaid Fiqhiyyah Iqtishadiyah.
Edition I, (Malang: Literasi Nusantara, 2.
, p.
rule can be applied to the practice of buying and selling, for example, "I will give you my clothes forever, but I ask for 100.
ne hundred thousand rupia.
Even though the lafadz uses a grant .
oluntary gif.
, the lafadz "I ask for money" is not a grant contract but a sale and purchase contract.
Religious experts have different opinions about this lafadz, whether every form of transaction must rely on the spoken lafadz or not? among the madhhab priests themselves there is a difference.
It's just that as far as the human ability to determine the meaning of someone's expression, it is sufficient to see the compatibility of the pronunciation between the consent .
rom the .
rom buyer/recipien.
, meaning that something is required that leads to the connection of the two pronunciations or compatibility of 54 The compatibility of the pronunciation between religion teacher AZ and the seller is buying and selling, but in his heart .
ead: meanin.
the religion teacher uses the ijarah contract even though it is not said openly, so that in terms of pronunciation there is a match but the meaning of each is According to the writer's opinion, this is hilah, namely turning away or moving from one situation to another,55 with the aim that the desired goal is achieved.
Hilah does not always have a negative connotation such as buying and selling animal manure, it can be replaced with an ijarah .
However, in practice buying and selling arisan conducted by religious teachers is hilah because it clearly still uses the term buying Ibid.
Abu Bakr bin Muhammad Syatha al-Bakri.
Hasyiayah IAoanath ath-Thalibin, a.
Ahmad Amin.
Dhuha al-Islam.
Editionx, (Kairo:
Maktabah Nahdha al-Mishriyyah, 2.
, p.
and selling because hilah is turning, changing, or transferring something to another.
Abu Baqa' Ayyub bin Musa al-Husaini al-Kafumi defines it as a person's effort to move from a certain situation to another through subtle techniques by turning outwardly.
56 The practice of hilah in buying and selling is inflated by people who understand the law to achieve their lustful desires so that they can outsmart something that is prohibited for personal gain, although according to alRaghibu al-Ashfahani hilah does not always have a negative connotation it can be understood as something positive but tends to have negative nuances.
Nominal Purchase: is there usury? The accumulated money that has been collected is 11,000,000 .
leven million rupia.
with each member depositing 50,000 .
ifty thousand rupia.
every week.
The amount of the purchase of arisan money depends on the situation and conditions: if there are many buyers, the price is set at 00 .
ive hundred thousand rupiah.
, whereas if one person buys the price follows the standard price, which is 500.
ive hundred thousand rupia.
It is clear that the .
profit is usury because it includes conditional buying and selling of money .
r requires additiona.
that is not in accordance with sharia provisions.
Trading that is prohibited is buying and selling conditional, for example "I will buy your cell phone with the condition that your daughter becomes my wife" instead the seller said "I sell this handpone to you on condition that your daughter becomes my wife.
This provision was obtained from the description of the contents of the hadith agreed upon by Imam Bukhari and Muslim quoted by Abdur Rahman and his colleagues.
58 Therefore, in the presence of additional conditions in the practice of buying and selling arisan money, it is clear that it is usury and violates the provisions of the hadith of the Prophet SAW.
AI O NO O cEE IN CE CE OE cEE AEO cEEA
AEON OEI EN EN OI OI IE IE OEAA
AEA OI OI IE IE AII O ANO A
)A(ON IEIA
Buying and selling gold for gold, silver for silver of the same scale and type may not take additional profits AaEOO EN EN uaE IE IE OaEAO N EOA A OaEOO EOC EOC uaE IE IE OaEAO NA AEO OaEOO IIN IA In the understanding of the two hadiths, it is clear that it does not allow buying and selling of the same kind or gold and silver, which requires additional profits, including The nominal size is as long as it is classified as an addition to buying and selling money with money, including usury which is unlawful, both on a consensual basis and as This is a provision in buying and selling money which is explained in the hadith and the consensus of religious expert.
Buying and selling arisan as explained earlier, different from the examples of cases in the following accounts payable: someone gave a debt .
of Rp.
1,000,000 .
ne million rupia.
to other people within a month, then the lender said.
AuIf the payment is Abu BaqaAo Ayyub bin Musa al-Husaini al-Kafumi.
Kitab al-Kulliyah MuAojam fi al-Mushthalahat wa al-Furuq al-Lughawiyyah, (Beirut: MuAoassasat alRisalah, 1.
, p.
Al-Raghibu al-Asjfahani.
Gharibu al-QurAoan, (Mesir: Dar al-Syuruq, t.
), p.
Abdur Rahman Ghazaly, et al.
Fiqh Mu'amalah.
Edition.
IV, (Jakarta: Prenadamedia Group, 2.
Al-Hafidz Ibn al-Hajar al-'Asqalani.
Bulughu alMaram Min Adillat al-Ahkam.
Trans: Achmad Sunarto.
Bulughu al-Maram Translation, (Jakarta:
Pustaka Amani, 1.
, p.
ess than a mont.
Rp.
200,000
wo hundred thousand rupia.
, so just pay Rp.
800,000 .
ight hundred thousand rupia.
Cases like this are described in the hadith book of Imam al-Baihaqi:
A IO O IA I I NEAUAOI O NEE EAA
A I EEI I IOOAUA I AE I II EA AUAEACONA
UAO AE ON EAN CaE I IEI I E EIO EIEOA
UAI II I EO I OO I EI I O I EAOIA
A I I CE EI I EIO u IOAUAI EIA
A ACEO O OE NEE uIEAUAEIO II EIOI N I IINIA
A ACE EIOuAUAI uNI OENI EO EI OOI EI EA
AOO OEO O CE OEOA
The meaning of this first hadith.
Hadith of Ibn Abbas Ra, when the Prophet SAW ordered a group of Bani Nadhir Jews to leave the city of Madina, then some of them came and said: "O Messenger of Allah, thou hast ordered their expulsion, while they have receivables from people who are not yet due .
ime to pa.
Ay.
The Prophet SAW, answered abort their debt and hurry up to pay.
A I IIAUA I I I OAUAI EO I I I IA
A I oAUA I II I EI I AE EOAUAI OOIA
A I O EIAUA I NEE I AUAI OEO EEIOA
UA CE EA EAUAI I O I EIC I EOA
A ACEAU AI OI I NIO AO N OE NEE A
AEN E EO OI OI U O IIO ACE II AEA
AEE EOE NEE ACE EE U O IC OINA
The meaning of the second hadith, in the hadith Miqdad bin al-Aswad, said "I lent 100 dinars to a man, then I gave my treasure to the army of the Prophet Muhammad, then i said to her.
I will deduct 10 dinars, just pay 90 dinars if accelerated payment to me ".
Answered the man, "yes".
The incident was then conveyed to the Prophet while saying "You have eaten usury.
O Miqdad, and fed us with usury.
Abu Bakar Ahmad Husein bin Ali al-Baihaqi, alSunan al-Kubra.
Conclusion The practice of buying and selling arisan money in Toteker Hamlet.
West Banuaju Village.
Batang-Batang Sumenep Regency, in terms of Islamic law anthropology, occurs because there is urgent need and the social conditions of the community are full of moneylenders so that some members are forced to buy arisan money.
The practice is carried out by farmers, traders, and religious The contract used is buying and selling .
ai') but in the hands of religious teachers it was changed to a service contract .
but never explained to the interlocutor .
ther part.
about the contract, even prefer to use a sale and purchase contract, including doing hilah in order to be considered legal.
And buying and selling is carried out in forced circumstances which are not allowed, also requires additional contracts that are classified as usury, also requires an addition in the contract on similar goods .
oney for mone.
which are classified as usury, clearly violates the provisions of Islamic law .
l-QurAoan and hadit.
and the basic concept of arisan is mutual help .
aAoawu.
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