Credit Purchase Requirements (Continued)
After previously discussing the conditions related to ‘Iwadh’ (value and goods) on credit buying and selling transactions, then in this discussion, we will focus more on the conditions related to ‘during (time limit or maturity).
Conditions related to ‘time [1]
The point is that the requirements relating to the deadline or maturity in credit buying and selling transactions. It is known that in buying and selling credit, of course payments are made in installments (in installments). In this case, there is one condition that must be met, namely The deadline must be clear.
In credit buying and selling transactions, payments must be in a clear period of time. This is a condition that is highly emphasized by the scholars. Given the sale and purchase of credit is very closely related to the debt of receivables. So that time must be a top priority in a credit buying and selling agreement.
In addition, keep in mind that credit buying and selling is a transaction whose payment is made in installments within a certain period of time. So once again, the time includes things that must be clear (agreed) from the beginning of the transaction. This is actually to avoid disputes between the two parties who make credit buying and selling transactions.
Related to the conditions in the form “The deadline must be clear” There are two important things that need to be known,
First, the importance of clear time in credit buying and selling transactions
The argument will be a mandatory time is the word of the Prophet sallallaahu ‘alaihi wa sallam. SAhabat Abdullah bin ‘Abbas Radiyallahu ‘anhu said,
Prophet, hopefully God’s prayers and peace will accompany him, come to the city, and they will fall into two years that are shifted for the known term
“When the Prophet Sallallaahu ‘Alaihi wa Sallam arrived in Medina, they (Medina) practiced the sale of fruits with the Salaf system, namely paying the face and receiving their goods after two or three years later. “Anyone who practices salaf in buying and selling fruits, should be done with a known dose and known scales, and until the time known.” (Hours. Bukhari)
Al -imam Ash-Shafi’i explains the meaning of the hadith above,
It shows that the round
“(This hadith) shows that the time limit (debt) is not halal unless it is clear (time).” [2]
But in the verses of the Qur’an which has pronunciation “‘time’, usually called side by side with lafaz “Musaud” which mean the specified time (= clear). Allah Story said,
Hey, who is safe, when you come with debt, for the name, so write
“O, you believe, when you are indebted for the specified time… “ (Surah Al-Baqarah: 282)
So that it has become an agreement of the scholars about the obligation to know the time limit for each contract that is “debt”. Like buying and selling greetings, buying and selling paid at the end, and buying and selling credit. [3]
They even made this as a comprehensive rules of the importance of clear time in credit buying and selling transactions. In one of the Hanafi fiqh books it is mentioned,
Sales are permitted with valuable and imprisoned, if the term is high
“And you can sell it in cash or debt, as long as the time limit (on debt) is clear.” [4]
Second, the impact of ignorance (unclear) from the time limit (tempo) of the credit sale and purchase agreement
In this case, the scholars disagree into three opinions. To make it easier, please see the following table.
| Sect | Opinion | Arguments and explanations |
| Malikiyah,
Shafi’iyah, Some history of hanabilah, and Zhahiriyah |
If the repayment time for buying and selling credit is not clearly determined, then the sale and purchase is canceled. | – The unclear time in buying and selling credit deliver Gharar. In the hadith of Abu Hurairah, that the Prophet sallallaahu ‘alaihi wa sallam,
Prohibited from selling fraud “Has prohibited sales Gharr. ” |
| – The unclear time in buying and selling credit is considered a condition phase (damaged). And buying and selling canceled with such conditions. | ||
| Hanafi | If the repayment time for buying and selling credit is not clearly determined, then buying and selling is not canceled, but just imperfect (damaged).
|
– The Hanafi school of buying and selling is not canceled, but only imperfect. So that it can be corrected by eliminating that can cause the contract imperfect. In this case is by agreeing on the time limit or eliminating the unclear time limit. |
| -The argument of the Hanafi school in this case is that in the sale and purchase of this kind of credit, it has been fulfilled the pillars and conditions. It’s just that, there is a little unclear time concerning the nature outside of the sale and purchase itself. So, buying and selling becomes imperfect and must beFask (stopped). However, buying and selling can still continue if the contract is repaired. By,
1. Clarify the time; 2. Eliminating the unclear time limit; 3. Pay by cash. |
||
| Hanbali | If the repayment time for buying and selling credit is not clearly determined, So the sales are still valid, but the condition is wrong. | – Barirah hadith (a boy who was released by ‘Aisha Radhiyallahu ‘anha). When Master of Barirah needs’ Aisha, if you want to buy Barirah, then loyalty remains the old master. Then ‘Aisha mentioned it to the Prophet, then the Prophet sallallaahu ‘alaihi wa sallam say,
Take it, so I’m afraid, and involve them from Wala “Take (buy) him, and let go. (Hours. Bukhari) |
| – The side of the hadith above, the Prophet sallallaahu ‘alaihi wa sallam justify the sale of the purchase, but cancel the requirements phase relating to the Terms of Representatives (Loyalty) for other than those who liberate it. Because these conditions are not in accordance with the Shari’a. He sallallaahu ‘alaihi wa sallam say,
What are the people who need conditions that are not in the Book of God? Anyone who sets a condition that is not in the book of God is invalid, even if it is a hundred conditions “What is people?! They need conditions that are not in this book. |
The three opinions above are a form of caution of unclear time limits in buying and selling credit. So of course it needs to be considered related to the requirements in the form of “clear time limits”.
The opinion selected is the opinion of the Hanbali school of thought, considering that there is no argument that explains the death of a contract due to the conditions imperfect. Even the hadith of ‘aisyah Radhiyallahu ‘anha above explains that the sale and purchase agreement remains valid along with the conditions imperfect.
Thus, hopefully useful. Wallahu a’lam.
[Bersambung]
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Depok, 15 Zulhijah 1446/10 June 2025
Writer: Zia Abdurrofi
Article Muslim.or.id
Reference:
Al-Bay’u bit taqsith ahkaamuhu wa a sentauhanu filqil islamiy, Dr. Abdunnur Farih Ali.
Footnote:
[1] Al-Bay’u Bit in Cithes, matter. 143.
[2] Al-Bay’u Bit in Cithes, matter. 144; quoted from Al -M The work of Al-Imam Asy-Shafi’i, 3: 96.
[3] Al-Bay’u Bit in Cithes, matter. 143; quoted from Al -M The work of Al-Imam Asy-Shafi’i, 3: 96.
[4] AL-HIDAAYAH FI SYARHI BIDAIATIL MUBTADI, 2: 24 Karya Abul Hasan Burhanuddin. See Al-Bay’u Bit in Cithes, matter. 144.
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