Usury Buying and Selling Terms (3)

The next provisions are taqabudh (submission). This provision is legally binding if the sale and purchase of usurious goods takes the form of:

• One kind and one’perfume such as: gold with gold;
• Different types but one ‘perfume such as: gold with silver

In the two conditions above, the law must exist taqabudh (handover) when the contract occurs. There shall be no delay in delivery of any of the goods. If there is a delay in the delivery of one of the goods, there is a fear of falling into usury nasi’ah.

However, there are the following provisions:

Terms taqabudh (handover) [1]

Majority legal expert agreed that the required time to say “handover” is when you are at the contract assembly. They also agreed that the handover time would continue until the contract assembly was completed; The contract assembly is considered complete when the bodies of the two parties carrying out the transaction are separated.

When both parties move to another place, for example, they are still considered to be in the same contract assembly, as long as the two parties remain together and do not separate. It’s just that, in this case, Imam Malik God bless forbade this and considered it to have separated the assembly.

Form of application taqabudh (handover)

The scholars have agreed that direct handover is a condition of the contract shawl (currency exchange), namely selling a price (money) for another price.

Al-Imam Ibn Al Mundzir God bless said,

They unanimously agree that if two disputants separate before they come into contact, then the exchange is corrupt.

“The scholars agree that if the two parties to the transaction separate before carrying out the handover, then the sharf (exchange) is void.” [2]

As for other usurious assets, scholars have different opinions regarding the terms of handover before separating from the contract assembly. There are at least two opinions:

First opinion: Required for handover before separating from the assembly, both in transactions shawl (currency exchange) or other usurious assets. If both parties separate before the handover, then the contract is invalid. This opinion is the opinion of the Malikiyah, Syafi’iyah and Hanabilah schools of thought.

This is because of prohibition nasi’ah (suspension) has been properly established shawl or in the sale of ribawi goods and the like. As mentioned in the hadith on this issue. Among them is the hadith of ‘Umar bin Khattab May god bless you,

Gold with gold is usury, except one ha and ha, and wheat with wheat is usury with usury, except one ha and ha, and barley is usury with dates. With barley, riba, except Ha and Ha

“Gold with gold is usury, unless (handed over) directly and in the same amount. Wheat with wheat is usury, unless (handed over) directly and in the same amount. Dates and dates are usury, unless (handed over) directly and in the same amount. Sya’ir with sya’ir (a type of wheat) is usury, unless (handed over) directly and in the same amount.” (Muttafaqun ‘alaih)

Among them is also the hadith of ‘Ubadah bin Syamith,

Gold with gold, silver with silver, wheat with wheat, barley with barley, dates with dates, salt with salt, the like, the like. Likewise, hand to hand. If these items are different, then sell them as you wish if done in person.

“If gold is sold for gold, silver is sold for silver, wheat is sold for wheat, sya’ir (a type of wheat) is sold for sya’ir, dates are sold for dates, and salt is sold for salt, then the amount (measure or weight) must be the same and paid in cash (cash). If the types of goods are different, then you can exchange them as you like, but it must be done in cash (cash).” (HR. Muslim no. 1587)

It is clear from the above hadiths that there is no difference between exchanging currency or exchanging ribawi goods. This means that the terms of handover or exchange between the two goods in cash remain valid.

Second opinion: There is no requirement for handover before separating from the assembly except at shawl (currency exchange) only. This means that if there is a transaction regarding ribawi goods, it remains valid even if it is not handed over directly. This opinion is the opinion of the Hanafiyah school of thought.

Al-Imam Al-Kasani God bless (one of the Hanafiyah scholars) said,

As for the exchange of sales of these grafts with similar or other grafts, for example he sells one qafiz of wheat for one qafiz of wheat or two qafiz of barley. We determine the two alternatives by pointing to them, then is that a condition? There are differences of opinion regarding this matter. Our friends say: That is not a condition.

“As for the handover (taqabudh) in buying and selling food with similar or different types of food – such as selling one kafiz (measurement unit) of wheat for one kafiz of wheat or with kafiz sya’ir (barley), and both have determined the replacement item by designating it, is that (taqabudh) a condition? Regarding this matter there are differences of opinion. Our friends (Hanafiyah scholars) are of the opinion: that is not a condition.” [3]

According to Hanafiyah scholars, the above buying and selling is quite conditional offer (determination) of goods without the need for handover at a meeting or delivery in cash.

The scholars who choose this opinion argue with the general nature of God’s word Exalted,

O believers, do not spend your wealth among yourselves unjustly, unless it is a mutual trade based on mutual agreement. From you

“O you who believe! Do not consume each other’s property in a wrong (improper) manner, except in trade carried out on the basis of a mutual agreement between you. (QS. An-Nisa: 29)

Also the word of God Exalted,

And Allah has permitted trade and prohibited usury.

“In fact, Allah has permitted buying and selling and prohibited usury.” (QS. Al-Baqarah: 275)

Al-Imam Al-Kasani God bless said again,

He prohibited eating without mutual consent, and excluded trade without mutual consent, which shows the permissibility of eating in trade without mutual consent. Terms of control, and this is proof of the establishment of property rights without exchange; Because consuming other people’s money is not allowed.

These verses forbid eating wealth without trading it based on pleasure, and exclude trading based on pleasure. This shows that it is permissible to consume property in trade that brings mutual pleasure. without handover conditionsand that is proof of permanent ownership without handover, because consuming other people’s property is not halal.” [4]

Then, in general, according to this opinion, the pronunciation of this hadith (hand in hand) which means ‘hand with hand’ is not interpreted in a meaningful way looks-his. In this opinion, ‘hand to hand’ does not mean handover, but means a tool for pointing (determining goods), because hand gestures are the cause of determining goods.

In this case the strong opinion is the first opinion. That is, it is still required taqabudh (handover) during the contract. Because the meaning of ‘hand’ in the hadith above, the meaning is meaning truth (actually), actually using your hands to hand over goods.

This applies to types of assets or usurious goods if they are sold of the same type, or in the same terms ‘aroma-he. So these conditions still apply and apply to this type of transaction.

If there is a defect or defect in the exchanged goods, then there are two situations:

First condition: the fault or defect is known before both parties separate from the contract assembly.

So it is legal to change or replace goods according to the agreed specifications.

Second condition: a disgrace or defect is discovered after both parties have separated.

Jumhur legal expert I don’t think it’s possible to change or replace the item. Because both parties have separated from their gathering agreement. However, there is an opinion from some Hanabilah scholars that this might happen. The rules they use are,

“Things that may happen before separating from the contract assembly, are also permitted after separating from the contract assembly.”

So, according to this opinion, it is legal to exchange goods that are known to be defective or faulty after both parties have separated.

By Allah, Ta’ala.

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BACK TO SECTION 14

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Depok, 4 Muharram 1447/ 19 June 2026

Writer: Muhammad Zia Abdurrofi

Article Muslim.or.id

Footnote:

[1] This discussion is taken from the book Sahih Fiqh Sunnah/Kasyful Akinnah (5:224-226), with some changes and additions.

[2] Al-Ijma’ NO. 488, p. 97.

[3] Badaa’iu As-Shanai’ (5:219).

[4] Badaa’iu As-Shanai’ (5:219).

Reference:

Abu Malik Kamal bin Sayyid Salim. Sahih Sunnah Fiqh. Volume 5 (Kasyf al-Akinnah). 2nd printing. Egypt: Maktabah At-Taufiqiyyah, 2016.

Al-Kasani, Alauddin Abu Bakr bin Mas’ud. Bada’i’ ash-Shana’i’ in the Tarekat ash-Syarai’. First print, 1327-1328 H. Egypt.

An-Naisaburi, Abu Bakr Muhammad bin Ibrahim bin al-Mundzir. Al-Ijma’. From-inspect by Abu ‘Abd al-A’la Khalid bin Muhammad bin ‘Uthman. Cairo, Egypt: Dar al-Atsar li an-Nasyr wa at-Tawzi’, 2004/1425 AH.