Debt Debt (Bag. 4)

All types of assets that are legally traded, so it is also valid to be used as an object of debt

In the previous discussion, it has been explained about the harmony and requirements of debt receivables. In addition to these things, of course there are things that are no less important to know, namely the types of assets that may be used as debt objects.

In general, All types of assets that are legitimate are traded, so it is also legitimate to be used as an object of debt. This is the main reason for debt objects. This is the hadith told by the Muslim Imam, Abu Rafi ‘, he said,

That God’s messenger was sought from a man with fraud, and he came to him a camel from a camel, so he ordered Abu Rafi to spend the man. He said: I only found the curator of God, so he said: he gave him to him, because the best people were better for them

“Indeed, the Prophet 1 Have borrowed young camels (Bakr) from a man. Then come to him a camel charity. He then ordered Abu Rafi ‘to return the young camel. Then Abu Rafi ‘returned to him and said,’ I did not find a camel except camels that had reached the age of Ruba’i (his front teeth had grown everything). ‘So he said,’ give him a camel, because the best of men is the best in paying debt. ” (HR. Muslim no. 1600)

The side of the hadith is a prophet sallallaahu ‘alaihi wa sallam Have borrowed a young camel. And camels are one of the animals that can be traded. Therefore, it is also possible to be used as the object of debt receivables. So that the scholars take the rules of the hadith above that everything that may be traded, so it may also be used as a debt object.

Disputes of scholars regarding debt objects

The scholars of disputes about what can be used as a debt object [1],

Hanafiyah

Qardh (Debt) is only legal on goods that can be replaced with similar ones. Invalid if in a nominal form that is unstable and not similar in estimated price. As related to animals, property, and the like. The reason, it will cause disputes due to differences in assessment of the price of borrowed goods. Then the item is required to be borrowed is a nominal value goods.

Jumhur Ulama

Jumhur Ulama argues that the law is legitimate to borrow everything that can be done by a contract of greetings on it, whether in the form of animals or besides, as long as it can be owned by buying and selling and can be determined in nature, even though it is an estimated item with different prices.

This is because of the validity of the contract Qardh That includes a form of assistance. Because there is a hadith Valid From the Prophet ﷺ that he borrowed a young camel and returned it to a better camel. So it is completed.

As for something that should not be used as an object of greetings (buying and selling orders), that is, something that cannot be determined by its nature, such as gems and the like, so it is not legal to lend according to the Syafi’iyah and Malikiyah schools.

Hanabilah

Opinion Mu’tamad (Official) According to the Hanbali school, which allows to borrow all items that can be used as the object of buying and selling, in the form of debt that is worth or which is in nature (nominal), whether it can be determined or not.

Debt objects from ribawi commodities

The question arises, is it possible to make the ribawi commodity the object of debt? From the dispute above, it can be seen that there is no dispute among the scholars that the contract of debt is valid using six ribawi commodities. As the Prophet sallallaahu ‘alaihi wa sallam Say,

Gold with gold and scourge with scourge and truth with truth and wheat with wheat and pass with dates and salt with the same salt so that if this industry is different

“If gold is sold with gold, silver is sold with silver, round wheat is sold with round wheat, poetry (one type of long wheat) sold by poetry, dates are sold with dates, and salt is sold with salt, then the amount (dose or scales) must be the same and paid in cash (cash). (HR. Muslim)

The following is a ribawi commodity that is six of the hadith above:

• No
• Silver
• Round wheat
• Long wheat
• Dates
• Salt

In other words, the six of these commodities can be in the form of loans or debt. Ibnul Mundzir Rahimahullah said,

All those who keep from the people of knowledge are gathorited on the authority of the people of the knowledge that the debt of the world and their milestones, the ritual, the ritual, the ritual, the ritual, the ritual, the ritual, the ritual, the ritual, the ritual, the ritual, the rituals, the rituals, the rituals, the rituals, the rituals, the rituals, the rituals, the ritual Ritual, The Ritual, The Ritual, The Ritual, The Ritual, The Ritual, The Ritual, Ritual, Ritual, Ritual, Ritual, Ritual, Ritual, Ritual, and Ritual One of the Fairing Warns And Permitted

“All the scholars we know have agreed that borrowing dinars (gold), dirhams (silver), round wheat, long wheat, dry wine (raisins), dates, and all types of food that have equivalent (similar), both measured and weighed, the law may.” [2]

Back to the definition Qardh (debt) i.e.

Payment of money for those who benefit from it and return it

“Give property to others so that they can use it, as long as they will be replaced (similar).”

So, the object of debt in fiqh is something that has a value of assets (nominal) and can be replaced with a similar nominal. Then what about gold? Does it have to be returned with a similar nominal when borrowing? Or adjust the nominal on the day to return the gold?

In Allah will be explained in the discussion afterwards.

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

[Bersambung]

Return to section 3

***

Depok, 1 Safar 1447/25 July 2025

Writer: Muhammad 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-Isyraf ‘ala Madzaahibil’ Ulama, Ibnul Mundzir’s job.

Footnote:

[1] Valid fiqh sunnah, 5: 72-73.

[2] Al-Isyraf ‘ala Madzaahibil’ Ulama, 6: 142.