Credit Sales and Credit Sales (Bags. 4)

Talking about fiqh is certainly closely related to a law. Often the discussion about a law is the core of a discussion. Whether the law is changed, makruh, or even haram. In this discussion, it will be further clarified related to the law of buying and selling credit. Included in this discussion is the law of buying and selling credit which has two price options, cheaper if purchased cash and more expensive if purchased on credit. Is this allowed?

The law of buying and selling credit

There is no dispute between scholars about credit sales if at one price (price cash equal to credit prices). However the form of credit, both in installments to completion, is paid at the end, or paid in cash, in this case there is no difference of opinion among the scholars that the law of buying and selling is valid.

As for if in an item there is two prices; If purchased in cash, the price and if purchased on credit, the price is so, this is where there is a dispute between the scholars. Namely about “additional” (price difference) contained between the two prices. Is the price difference including usury?

Differences of opinion about credit and cash with two different prices

That is, if there are two options between cash and prices, and credit at a more expensive price. In this case, there are two opinions among scholars.

First opinion, There may be a difference in price between cash and credit.

Second opinion, There is no difference in price between cash and credit.

The following is a full explanation:

First opinion

Bachelor of Jumhur from Antara Hanafiyah, Malikiyah, Syafi’iyah, and Hanabilah think they will be able to sell credit even though credit prices are more expensive than their humid prices.

Al -Khattabi, may God forgive him, say that he said that he said: There was nothing wrong with telling him: this clothes sold you with a critic of ten, and for fifteen months, so he went to one of them. Al -khattabi said: this is undoubted about corruption, but if it comes to one of two cash on the contract council, then that is true and there is no dispute in it and what else is a lesson for that

Al-Khattabi Rahimahullah said, and narrated from Thawus that he said,

“It’s okay for someone to say, ‘I sell to you this clothes in cash for ten, and with a tempo (with installments) for fifteen’; then the buyer chose one of them.”

Al-Khattabi said, “This (if it is not determined) is no doubt. However, if he sets one of the two prices in the contract assembly, then the contract is valid without any difference of opinion.

The contract is valid if both parties agree on one of the two prices in the contract assembly, which is the agreed price option. However, if they separate without setting one of the two prices, then the contract is invalid because it contains an element of obscurity (Gharar).

The arguments related to this opinion,

The argument of the Quran

The scholars argue from the Word of God Story,

And God, God has forbidden and forbade God

“God has justified sales and forbade usury.” (Surah Al-Baqarah: 275)

Nash This is a general argument that includes all forms of buying and selling. Because the origin law of everything is mubah, until the argument that prohibits it. And in fact, there is no argument that prohibits buying and selling with a model like this, which is a cheaper price if in cash and more expensive if by credit.

The argument from As-Sunnah

Scholars who allow them to speak with the history of Abdullah bin ‘Amr bin Al-Ash Radiyalllahu anthrop ‘

Prophet, hopefully God’s prayer and peace will accompany him, order him to prepare troops, so he used to bring camels with two camels to camels

“That the Prophet 1 Ordered him to prepare the team, so he took a camel for two camels (paid again or credit) from the camel zakat. “

This is a clear argument that it can be an additional in the price of items in the form of credit.

The argument of Atsar

Available Atsar From Tabi’in about it. From Az-Zuhri, Thawus, and Ibnul Musayyab, they Rahimahumullah said, “It’s okay for someone to say, ‘I sell this shirt for ten with credit for a month, and worth twenty with credit for two months, then the price is chosen (one of them) before separating.'”

Second opinion

The second opinion does not allow credit purchases at two different prices. This is the opinion of several scholars of Hanafiyah Madzhab, however, the opinion chosen by Imamiyah Madzhab (one of the Shi’a sects who believes in the existence of twelve priests), and this opinion is an opinion about Zainal ‘Abidin bin Ali bin Al Husainin Rahimahullah.

The arguments related to this opinion,

The argument of the Quran

They are in -laws with the same verse that allows it, namely the Word of God Tap,

And God, God has forbidden and forbade God

“God has justified sales and forbade usury.” (Surah Al-Baqarah: 275)

However, there are differences in understanding the above verse. Ulama who choose this second opinion understand that usury in question is an addition that has no reciprocity. Therefore, additional prices when credit from cash prices is usury. Considering the addition is an addition that has no rewards. In the contract Mu’awadhoh (buying and selling), it is obligatory to be the same or balanced between the price paid and the goods transacted. And the cash price must be balanced with the nominal of the item. If there are additional additions that have no reciprocity, then this is usury.

The argument from As-Sunnah

On the authority of Abdullah bin Masoud, may God be happy with him, he said: the Prophet forbade two agreements in the agreement

From Abdullah bin Mas’ud Radhiyallahu ‘anhuhe said, “Prophet 1 prohibit two transactions in one transaction. “

In the authority of Abu Hurairah, may God be happy with him, he said: the Prophet forbade two sales in the promise of loyalty

From Abu Hurairah Radhiyallahu ‘anhuHe said, “The Prophet forbade two sales in one sale.”

And in one history, “Anyone who makes two sales in one sale, then gets the lowest price or falls into the lap.”

Among the two opinions above, strong opinions, Wallahu ‘nature, is an opinion that allows buying and selling with different prices between cash and credit. This is based on the following two reasons:

First, The original law about property issues is to change the law. This is a very strong basis in the muamalah problem. As long as there is no proposition that prohibits it, the law is change.

Second, The form of buying and selling credit realizes benefit for the community. Considering that buying and selling credit makes it easier for people to carry out buying and selling activities and bring economic movements. So that the community can also carry out transactions without committing violations of the Shari’a.

Therefore, many of the scholars in this day and age will be able to. But of course there are some provisions that must be considered the price difference. Among them,

First, The additional additions should not be in the form of wrong. For example, deceiving the buyer because the buyer really needs the item, and finally the credit price is elevated (unnaturally).

Second, There are no binding conditions in the form of additional fines if the buyer cannot pay. Because it includes usury that is forbidden.

Hope it is useful. Wallahu’alam.

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Depok, 29 Shawwal 1446/27 April 2025

Writer: Zia Abdurrofi

Article Muslim.or.id

Reference:

In general, this discussion was summarized from the book Al-Bay’u bit taqsith ahkaamuhu wa a sentauhanu filqil islamiy, Dr. Abdunnur Farih Ali; and some other references.