Among the discussions in the field of muamalah fiqh, there is one issue that is very important to know. This transaction is very often carried out by Muslims when buying and selling. We often call it “DP (down payment)”, “down payment”, “panjer”, and so on.
This transaction has become commonplace and common among Muslims, considering that this kind of practice applies to various types of transactions, such as purchasing property, vehicles, to other transactions. electronic commerce. Simply put, this DP is used as a means of binding commitment between buyers and sellers.
Definition bay’ al-‘urbun
In muamalah fiqh, this transaction is referred to in six languages. However, what is more precise is the mention below [1]:
– Selling deposits (bay’ al-‘arAbun)
– Selling Arabs (Teluk’ al-‘urban)
– Selling deposits (bay’ al-‘urbun)
Linguistically (etymologically), bay’ al-‘urbun is,
Delivery and delivery
“Submission and submission.”
As for terms (terminology), bay’ al-‘urbun is,
That is, if a man buys something and pays one dirham or another to the seller for the price of the item, for example with the condition that if the sale and purchase ends between them then the payment is calculated from that price, and if it is not paid then it is considered a gift from the buyer to the seller.
“That is, someone buys something, then he hands over a certain amount of money, such as one dirham or other nominal amount of the total price of the goods to the seller, with the condition: if the sale and purchase transaction takes place between the two of them, then the money that has been paid is counted as part of the price of the goods. However, if the transaction does not take place, then the money is used as a gift (voluntary gift) from the buyer to the seller.” [1]
In short, bay’ al-‘urbun is a nominal amount given at the beginning of a transaction as a deposit or token from the buyer to the seller. The nominal is a small part of the price of the goods. If the transaction is cancelled, then the money or nominal amount is used as cash grant that the buyer gives to the seller. If the transaction is not cancelled, then the amount that was paid at the beginning will be returned including of the price of the goods you want to buy (so the buyer just has to pay the difference or the remainder).
So actually in this buying and selling there is “cucumber (right to vote)” indirectly. If so, then the down payment becomes part of the price of the goods. If not, then the down payment given by the buyer is forfeited.
Type bay’ al-‘urbun
There are two types bay’ al-‘urbun:
– Before executing the contract
The buyer makes a down payment to the seller; If the sale and purchase transaction continues, the down payment includes the price of the goods. If the sale and purchase transaction does not continue, the down payment is returned to the buyer.
In this case the law is fine and there is no problem with this contract. This is based on the words of the Prophet sallallaahu ‘alaihi wa sallam,
Muslims according to their provisions
“The Muslims must fulfill the agreement they have made.” (HR. Al-Hakim)
Ibn ‘Abdil Barr God bless say,
It is possible that the Arab buying and selling was permitted by Rasulullah Sallallahu ‘alaihi wa sallam and gave him peace, had it been reported authentically, then the Arab seller would have been paid from the Price of the goods if the sale had been completed, if not, return it, and this is an approach that is permissible for everyone.
“There is a possibility that the bay’ al-‘urban permitted by the Prophet sallallaahu ‘alaihi wa sallam – if this hadith is authentic from him – is that if the sale and purchase transaction is completed, then the down payment is made part of the price of the seller’s goods. However, if the transaction does not go through, the seller returns the down payment (to the buyer). And this form is something that is permitted according to the agreement of all scholars (ijmak).” [2]
– Along with the start of the contract
This type is the same as the definition mentioned above. That is, the buyer makes a down payment to the seller. If the sale and purchase transaction is complete, the down payment is part of the price of the goods. And if it doesn’t happen, then the down payment is forfeited and given to the seller.
Scholars differ on this type, divided into two opinions:
First opinion: This type of transaction is haram
This opinion is the opinion of the majority of scholars from the Hanafi, Maliki, Ash-Shafi’i schools of thought, and part of the Hanbali opinion, namely Al-Imam Abul Khattab Rahimahumullah.
Evidence from popular scholars:
– There is a hadith narrated by the Prophet sallallaahu ‘alaihi wa sallam,
The Prophet, may God bless him and grant him peace, forbade the sale of Arabs.
“The Prophet sallallaahu ‘alaihi wa sallam prohibited urban buying and selling.” (HR. Ibn Majah)
– That’s right bay’ al-urbun is no different from consuming human property in a false way. This is seen from the point of view of the money that has been paid by the buyer being forfeited and handed over to the seller.
Second opinion: The law can
This opinion is the opinion of the Hanbali school other than Al-Imam Abul Khattab God bless.
The rationale for this opinion:
– There is a story narrated by Imam Bukhari mu’allaq,
Nafi’ ibn Abd al-Harits bought a prison house in Mecca from Safwan ibn Umayyah on the condition that if Umar was satisfied then the sale would become his, but if Umar was not satisfied Safwan got four hundred, and Ibn al-Zubayr was imprisoned in Mecca.
“Nafi’ bin Abdul Harith bought a house in Mecca from Shafwan bin Umayyah to use as a prison, with the condition: if Umar was pleased (agree), then the sale was valid. However, if Umar did not agree, then Shafwan was entitled to four hundred (dirhams/dinars as compensation), and Ibn Az-Zubair was imprisoned in Mecca.” (HRBukhari)
This hadith shows ‘Umar’s approval May Allah bless him and grant him peaceand no one disagrees with him.
– Hadith is used as proof of the prohibition bay’ al-‘urbun is that hadith dha’if (weak). This hadith was weakened by scholars, including Imam Ahmad God bless It even mentions this hadith carrot’ (narrative line broken).
– The scholars who allow it are of the opinion that this transaction does not involve consuming other people’s property in a false way. Because the seller actually takes the property as compensation for the waiting time and the commodity being held in his hands without being sold.
This is because he has to wait until this buyer solidifies his intention to buy. In fact, sometimes the buyer doesn’t buy, so the seller holds the item without being able to sell it to someone else.
Therefore, this transaction does not involve consuming other people’s property in a false way, because the seller can get it advice (profit) or actually experience losses due to that time.
Stronger opinion
A strong opinion and chosen by several scholars at this time, namely bay’ al-‘urbun The law is permissible and permissible as long as the conditions are met [3]that is:
– There must be a certain period of time agreed between the buyer and seller from the time the down payment is given.
– The nominal amount of the down payment is not large, it is only a small nominal amount as collateral.
– If the buyer cancels for good reasons and syar’i (such as serious illness, accident, etc.), the seller must return the down payment to the buyer without loss.
Benefit bay’ al-‘urbun
As for the benefits of bay’ al-‘urbun is [3]:
First: The seller knows the seriousness of the buyer in the sale and purchase transaction.
Second: The buyer is serious about paying off the transaction, because he knows that the money that has been received cannot be returned.
Third: Sometimes goods are stuck with the buyer, so they cannot be purchased by other people because they have been ordered by the buyer. Of course, this will cause harm to the seller if it is not purchased at a later time. So with a down payment, there is compensation for the time and opportunity that the seller might be able to make a profit from.
God bless.
Also read: Buying and selling and their conditions
***
Depok, 5 Zulhijah 1447/ 22 May 2026
Writer: Muhammad Zia Abdurrofi
Article Muslim.or.id
Footnote:
[1] Al-Fiqhul Islam wa Adillatuhu, 5: 3434.
[2] Al-Istidzkar, 5: 265.
[3] Video of Sheikh Dr. Aziz Farhan Al-Anazi: https://www.youtube.com/watch?v=AKv1zs1Ww6A
Bibliography
– Az-Zuhaili, Wahbah. 1997. Al-Fiqh Al-Islami wa Adillatuhu. 4th printing. Damascus: Darul Fikr.
– Ibnu Abdil Barr, Abu Umar Yusuf bin Abdullah. 2000. Al-Istidkar. Editors: Salim Muhammad Ata and Muhammad Ali Mu’awwad. first printing. Beirut: Dar al-Kutub al-Ilmiyyah.
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