Debt Debt (Bag. 3)

Previously, it had been discussed and presented by the legal debt of receivables, both laws proposal or Wing’i. As for the discussion this time, we will pursed to the Jurisprudence of Debt Receivables relating to the harmony and conditions in the debt of receivables.

Pillars of Receivable Debt

At least, in debt receivables there are three pillars [1],

First, two people rushed

The first is called Rent (Debt Giver) and also Assumption (debt). Of course, in the debt agreement receivables are required to have both.

Second, Prapaskah property

Namely property or money lent to the borrower. Of course this is the object of the debt contract of receivables and must be in the debt contract.

Third, Shighat

Shighat commonly called consent And reception. This includes emphasized in the school Shafi’i. In the debt contract of receivables, two lafaz can be used Shigat like,

I hugged you “I lent you.”

Or use lafaz Salaf or Regards, I wrap you “I handed over money in advance, for the items you will give later.”

Both may be used in debt. It is also possible to use lafaz-lafaz which is commonly used in community habits. Usually like, “Please take this money, and return it later according to the nominal.” Or with such lafaz-lafaz.

With such a contract, automatic property ownership is transferred to the borrower. This was mentioned by Imam Malik and Islamic Sheikh Ibn Taimiyah Rahimahumallah. Because suffering in this contract is a form of property transfer from one side to the other based on God’s Word Story to fulfill promises or agreements. Lord Story said,

Hey, who is safe and fulfilled

“O, you who believe, fulfill promises. ” (Surah Al-Maidah: 1)

Therefore, if someone has a decree, in this case the problem of debt and nominal loans and time is determined (agreed), it is not possible for those who lend to ask directly to return or before Tempo. Considering this is not included in obeying God’s commands to fulfill His promises.

Legitimate Debt Requirements

There are at least three legal conditions that must be met [2],

First, knowing debt and can be defined

That is, debt can be known levels. Both in scales, nominal, number, size, and so forth. So that debt can be returned properly. Because if it is not known with certainty, it will happen Gharar (obscurity) in the amount that must be returned.

Second, the debt giver must meet the transaction requirements tabarru ‘ (donor)

The following are the conditions,

Baligh: The first condition is Baligh. Then absolutely invalid if done by babies or toddlers who have not entered age Tamyiz. Even if you have entered age Tamyiz, then it is not valid except the nature of the debt of receivables is only light. Therefore, including in this case it is not allowed for the guardians of orphans to borrow the property of orphans for personal needs or apart from the needs that benefit the orphans. Because orphans are still in the category under age Baligh.

The Wise: The second requirement is understanding. It is illegitimate if you borrow wealth to people who are crazy. Because he does not know how to transact.

Independent: The third requirement is independence. It is also illegitimate if you borrow wealth from a slave except with the permission of his master. And about slavery, now it is no longer in the Islamic world.

Rasyid: The fourth requirement is intelligent (in this case, what is meant by “intelligent” is a person who is able to be wise in conducting transactions, not the person careless and carelessly, ed.). A stupid person (careless) in transactions, he is invalid in conducting a debt agreement, except in mild matters.

Own: The last condition is to have. If you do not have property or the like, it is not allowed to make a debt contract of receivables except with the owner’s permission.

Third, does not contain laptop elements

This includes important requirements in the issue of debt contracts. Which does not contain usury elements. That is, there are no additional benefits provided by debtors to the debt provider. Both the benefits are in the form of additional nominal or others.

As is known that in Islam, usury is prohibited. God raged using that word Mahq (destroyed). Allah Story said,

May God give God and raise deeds ۗ and God does not love every distrust

“God eliminates (blessings) usury and give alms. God does not like all those who are very disbelief.” (Surah Al-Baqarah: 276)

Ibn Kathir Rahimahullah interpret the above verse,

God tells the almighty that he is corrected the lord, that is: he goes to him, but he goes to him with entirety from the hand of his companion, or he is forbidden, or he is forbidden, or he is forbidden, or he is forbidden, or he is forbidden, or he is forbidden, or he is forbidden, or he is forbidden, or he is forbidden, or he is forbidden, or he is forbidden, or he is forbidden, or he is forbidden, or Forbidden, or he is forbidden, or he is forbidden, or he is forbidden, or he is forbidden, with him, but he is tortured by him in this world and punishes him on the day of resurrection

“Allah Ta’ala reports that Allah will eliminate usury, the intention is to eliminate it thoroughly from the hands of its owner, or keep the owner away from the blessing and use of his wealth. Even God will compose the owner by because of his wealth in the world and will punish it on the Day of Judgment later.” (Ibn Kathir’s interpretation)

So that a Muslim should be careful in transactions related to debt receivables. Keep away from usury is certainly the main focus in this transaction. So that the property possessed becomes a blessing and there is no prohibition of him.

Hope it is useful. Wallahu ta’ala a’am.

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Depok, 27 Muharam 1447/22 July 2025

Writer: Zia Abdurrofi

Article Muslim.or.id

Reference:

Fiqhul mu’amalat al-maliyah al-muyassar, Dr. Abdurrahman bin Hamud.

Sahih Fiqh Sunnah (Volume 5), Karya Abu Malik Kamal Bin Sayyid Salim.

Al-Mukhtashar Fil Mu’amalat, The work of Prof. Dr. Khalid bin Al-Musayqih.

Footnote:

[1] Fiqhul mu’amalat al-maliyah al-muyassar, matter. 191.

[2] Fiqhul mu’amalat al-maliyah al-muyassar, matter. 192 and Al-mukhtashor fil mu’amalat, matter. 98-99.