Question:
Is every usury in any form absolutely forbidden from both parties (the receivable / loan shark and the debtor)? Or is it only forbidden for loan sharks, while those who are indebted are free? And if those who are in debt are innocent, is this only if they are in need of accounts receivable, squeezed and poverty, or does the need not become a requirement for the debts to be paid by usury? If it is permissible for people who need / are stuck, whether for people whose needs are not too urgent it is possible to owe money from the bank that deals with 15% interest every year - for example -. Thus, he can strive with the capital of debt money, and generate profits that are greater than the interest / usury set, for example, the profit is 50% every year. In this way, it means that he succeeded in obtaining the results of the receivables in the amount of 35%, which is the remaining profit minus the interest set, as in the case exemplified, or is usury still not allowed in any way?
Answer:
First: Riba is prohibited under any circumstances and in any form. Forbidden from the giver of the receivable and also for the person who owes it by giving interest, both the debtor are the poor or the rich. Each of them bears sin, even both are condemned (cursed). And everyone who helped both of them, from the author, the witness was also condemned. Based on the generality of verses and authentic hadiths that forbid usury. Allah Ta'ala said,
الذين يأكلون الربا لا يقومون إلا كما يقوم الذي يتخبطه الشيطان من المس ذلك بأنهم قالوا إنما البيع مثل الربا وأحل الله البيع وحرم الربا فمن جاءه موعظة من ربه فانتهى فله ما سلف وأمره إلى الله ومن عاد فأولئك أصحاب النار هم فيها خالدون. يَمْحَقُ اللّهُ الْرِّبَا وَيُرْبِي الصَّدَقَاتِ وَاللّهُ لاَ يُحِبُّ كُلَّ كَفَّارٍ أَثِيمٍ البقرة: 275-276
"People who eat (take) usury cannot stand but like the establishment of people who are possessed by satan due to (pressure) insanity. Their situation is because they say (arguing), actually buying and selling is the same as usury. Those who have received the prohibition from the Rabb, then continue to stop (from taking usury), then for him what he has taken before (before the prohibition comes); and his business (up to God). The person who repeats (takes usury), then that person is the inhabitants of hell; they abide therein. Allah destroys usury and multiplies alms. And Allah does not like every person who always acts in disbelief / rebellion, and always sins. "(Surat al-Baqarah: 275-276).
Friends of Ubadah bin Shamit radhiallahu ‘anhu narrated from the Prophet sallallaahu‘ alaihi wa sallam said,
الذهب بالذهب والفضة بالفضة والبر بالشعير والتمر بالتمر والملح بالملح مثلا بمثل ، سواء بسواء ، يدا بيد ، فمن زاد أو استزاد فقد أربى. رواه مسلم
"Gold is sold with gold, silver is sold with silver, wheat is sold with wheat, sya'ir (one type of wheat) is sold with sya'ir, dates are sold with dates, and salt is sold with salt, (the dose) must be the same and cash. Whoever adds or requests extra, he has done usury. "(Narrated by Muslims in his book as-Shahih).
Friends of Abu Sa'id al-Khudri radhiallahu ‘anhu said that the Prophet sallallaahu‘ alaihi wa sallam said,
لا تبيعوا الذهب بالذهب إلا مثلا بمثل, ولا تشفوا بعضها على بعض, ولا تبيعوا الورق بالورق إلا مثلا بمثل, ولا تشفوا بعضها على بعض, ولا تبيعوا منها غائبا بناجز. رواه البخاري ومسلم
"Thou shalt not sell gold in exchange for gold but with the same, and do not exaggerate some of it above others. Thou shalt not sell silver in exchange for silver but it is the same, and thou shalt not exaggerate some of it above the others. And thou shalt not sell some of it which is delivered with cash exchanged with others which are not delivered in cash. ”(Narrated by al-Bukhary and Muslim).
Imam Ahmad and al-Bukhary narrated, that the Prophet sallallaahu ‘alaihi wa sallam said,
الذهب بالذهب والفضة بالفضة والبر بالبر والشعير بالشعير والتمر بالتمر والملح بالملح مثلا بمثل, سواء بسواء, يدا بيد, فمن زاد أو استزاد فقد أربى, الآخذ والمعطي فيه سواء. رواه مسلم
"Gold is sold with gold, silver is sold with silver, wheat is sold with wheat, sya'ir (one type of wheat) is sold with sya'ir, dates are sold with dates, and salt sold with salt, must be the same and equal and cash. "Whoever adds or asks for additions, then he has done usury, the collector and the one who gave it in this case is the same." (Narrated by Muslim).
And still from Jabir ibn Abdillah's best friend radhiallahu ‘anhu that he said,
لعن رسول الله صلّى الله عليه وسلّم آكل الربا وموكله وكاهبيه ، وقال: (هم سواء). رواه مسلم
"The Prophet sallallaahu‘ alaihi wa sallam has cured usury eaters (loan sharks), people who give / pay usury (customers), their writers (secretaries), and also two witnesses. And he also said, "They are the same in terms of sins." (Narrated by Muslim).
And the banknotes that are valid in this day and age are the same as gold and silver which function as a means of buying and selling, therefore the law is the same as the law of gold and silver. For this reason, every Muslim should be able to fulfill himself with things that are lawful and keep him away from everything that is forbidden by Allah za Almighty Allah. And God really has given spaciousness to Muslims in terms of work in this world to earn money. Thus, it is possible for people who are indigent to work as laborers or business people by using other people's capital with a mudaraba system with an agreement for profit sharing, for example fifty-fifty or for example profit, and not from capital, nor with the amount / certain nominal money from profit. And whoever is unable to try even though he is destitute, it is lawful for him to beg, receive zakat, and also social security.
Second: It is not permissible for a Muslim, whether rich or destitute to owe money to a bank or other interest of 5% or 15% or more or less. Because it is usury, and includes a big sin. And Allah has provided for him by walking to earn a halal fortune as mentioned above, either becoming a laborer in the place of a person who has a job or registering as a civil servant in a legal position, or trading with other people's capital with a mudharabah system. results in a certain percentage, as explained above.
Wabillahit taufiq, and hopefully the prayer and salutation will always be bestowed on the Prophet Muhammad, his family and friends. "Source: Majmu 'Fatawa al-Lajnah ad-Da'imah 13 / 268-271, fatwa no. 3630
Tampilkan postingan dengan label haram. Tampilkan semua postingan
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Kamis, 20 Desember 2018
Rabu, 19 Desember 2018
Haram Liquor (Khamr)
Khamr's prohibition
Allah Ta'ala said:
يا أيها الذين آمنوا إنما الخمر والميسر والأنصاب والأزلام رجس من عمل الشيطان فاجتنبوه لعلكم تفلحون إنما يريد الشيطان أن يوقع بينكم العداوة والبغضاء في الخمر والميسر ويصدكم عن ذكر الله وعن الصلاة فهل أنتم منتهون
"O ye who believe, verily (drink) khamr, gamble, (sacrifice for) idols, raffle fate with arrows are vile acts including acts of shaitan. So stay away from these deeds so that you will receive benefit. Indeed, the shaytan intends to arouse enmity and hatred between you and khamr and gamble, and prevent you from remembering Allah and prayer; then stop you (from doing the work). "[Al-Maa-idah: 90-91]
And from Abu Hurayrah Allah be upon him hu anhu that the Prophet sallallaahu ‘alaihi wa sallam said:
لاَ يَزْنِي الزَّانِي حِيْنَ يَزْنِي وَهُوَ مُؤْمِنٌ وَلاَ يَشْرَبُ الْخَمْرَ حِيْنَ يَشْرَبُهَا وَهُوَ مُؤْمِنٌ.
"There is no adultery of an adulterer when he commits adultery in a state of faith, nor does he drink khamr when drinking it in a state of faith." [1]
And from ‘Abdullah bin‘ Amr Radhiyallahu anhuma, that the Prophet sallallaahu ‘alaihi wa sallam said:
ََََُُْْْ ُُُّّئِثِئِثَِ،َ َََََِْ شَرِبَهَا َََََََََََََََََََََََُُُْْْإِ َإََِإًِْ،،ِ فَإِنْ مَاتَ وَهِيَ فِيْ بَطْنِهِ مَاتَ مِيْتَةً جَاهِلِيَّةً.
"Khamr is the mother of all evil, whoever drinks it, then the prayer is not accepted for 40 days, if he dies while there is khamr in his stomach, then he dies as the death of the Jahiliyyah." [2]
And from Ibn ‘Abbas Radhiyallahu anhua, from the Prophet sallallaahu‘ alaihi wa sallam, he said:
اَلْخَمْرُ أُمُّ الْفَوَاحِشِ ، وَأَكْبَرُ الْكَبَائِرِ ، مَنْ شَرِبَهَا وَقَعَ عَلَى أُمِّهِ ، وَخَالَتِهِ ، وَعَمَّتِهِ.
"Khamr is the mother of the greatest abomination and sin, whoever drinks it, she can commit adultery with her mother, sister, mother and sister." [3]
And from Abu Hurairah Raheemallahu ‘anhu, he said," The Prophet sallallaahu ‘alaihi wa sallam said:
مُدْمِنُ الْخَمْرِ كَعَابِدِ وَثَنٍ.
‘Khamr addicts like idol worshipers. '" [4]
And from Abud Darda ', from the Prophet sallallaahu ‘alaihi wa sallam, he said:
لاَ يَدْخُلُ الْجَنَّةَ مُدْمِنُ الْخَمْرِ.
"Khamr addicts will not enter Heaven." [5]
Also from Ibn ‘Umar Radhiyallahu‘ anhuma, he said, "The Prophet sallallaahu‘ alaihi wa sallam said:
لعنت الخمر على عشرة أوجه بعينها وعاصرها ومعتصرها, وبائعها ومبتاعها, وحاملها والمحمولة إليه, وآكل ثمنها, وشاربها وساقيها.
‘Khamr was cursed on ten things; (1) on the substance, (2) the extortionist, (3) the person who extorted it for himself, (4) the seller, (5) the buyer, (6) the carrier, (7) the person who asked him to take it, (8) people who eat the results of their sales, (9) drinkers, and (10) people pour them in. '"[6]
What is meant by Khamr?
From Ibn ‘Umar Muhammad anhuma, he said," The Prophet sallallaahu ‘alaihi wa sallam said:
كُلُّ مُسْكِرٍ خَمْرٌ وَكُلُّ خَمْرٍ حَرَامٌ.
‘Every intoxicant is khamr, and every khamr is unlawful. '' [7]
From yah Ayesha Allah (pbuh), he said, "The Prophet sallallaahu aih alaihi wa sallam was once asked about bita’, which is wine made from honey, and the people of Yemen used to drink it, then he said,
كُلُّ شَرَابٍ أَسْكَرَ فَهُوَ حَرَامٌ.
‘Every drink is intoxicating, the law is haraam. '' [8]
From Ibn ‘Umar Allah‘ anhuma, he said, "ar Umar Radhiyallahu‘ anhu stood on the pulpit and said, ‘Amma ba’du, khamr has come down which is (khamr yang) made of five ingredients; (1) grapes, (2) dates, (3) honey, (4) wheat, and (5) sya'iir. And khamr is what can cover reason. '"[9]
From an-Nu'man bin Basyir Allah be upon him ‘anhu, he said," The Prophet sallallaahu ‘alaihi wa sallam said:
إِنَّ مِنَ الْحِنْطَةِ خَمْرًا َّ وِمِنَ الشَّعِيْرِ خَمْرًا َّ وِمِنَ الزَّبِيبِ خَمْرًا ، وَمِنَ التَّمْرِ خَمْرًا ، وَمِنَ الْعَسَلِ خَمْرًا.
Ungguhnya Indeed, from wheat can be used as khamr, from sya'ir it can be used as khamr, from dried grapes it can be used as khamr, from dates it can be used as khamr, and from honey it can be used as khamr. ’" [10]
Many or at least Khamr is not different (the law)
From ‘Abdullah bin‘ Umar Radhiyallahu ‘anhuma, he said," The Prophet sallallaahu ‘alaihi wa sallam said:
كُلُّ مُسْكِرٍ حَرَامٌ وَمَا أَسْكَرَ كَثِيرُهُ فَقَلِيلُهُ حَرَامٌ.
‘Every intoxicating law is forbidden, and what is intoxicating is so much that at least it remains unclean. '" [11]
From yah Ayesha Allah ‘anhuma, he said," The Prophet sallallaahu ‘alaihi wa sallam said:
كُلُّ مُسْكِرٍ حَرَامٌ مَا أَسْكَرَ الْفَرَقُ مِنْهُ فَمِلْءُ الْكَفِّ مِنْهُ حَرَامٌ.
‘Every intoxicating law is forbidden, and what is equivalent to one sara faraq (the three sha equivalent size) is intoxicating, so that all of your palms from it are haram. '' [12]
Hadd Drinker Khamr
If a mukallaf is in a state not forced to drink khamr, he knows that what he drinks is khamr, then he is beaten 40 times. If necessary, the judge may add it up to 80 times, as narrated by al-Hushain ibn al-Mundzir, "That 'Ali whipped al-Walid bin' Uqbah for drinking khamr with 40 lashes, then he said, 'Prophet sallallaahu' alaihi wa sallam had lashed with 40 lashes, Abu Bakr 40 lashes, and 'Umar 80 lashes. Everything is Sunnah, and this one (40 times is not) I like more. '"[13]
If someone drinks khamr repeatedly, and he has been whipped every time he repeats it, then it is permissible for the priest to kill him.
From Abu Hurairah Radhiyallahu ‘anhu, he said," The Prophet sallallaahu ‘alaihi wa sallam said:
إِذَا سَكِرَ فَاجْلِدُوهُ فَإِنْ عَادَ فَاجْلِدُوهُ فَإِنْ عَادَ فَاجْلِدُوهُ ثُمَّ قَالَ فِي الرَّابِعَةِ فَإِنْ عَادَ فَاضْرِبُوا عُنُقَهُ.
‘If someone is drunk, then whip him, when he repeats, then whip him. 'Then he said the fourth time,' When he repeats it, then cut off his neck. '' [14]
With the Establishment of Hadd?
Hadd is determined by one of two cases; (1) recognition and (2) testimony of two fair people.
Not allowed praying ugliness for Khamr drinkers
From ‘Umar bin al-Khaththab Radhiyallahu‘ anhu, he said, "At the time of the Prophet sallallaahu wa alaihi wa sallam there was a man named‘ Abdullah who was nicknamed al-himar (donkey). The man once made the Prophet sallallaahu ‘alaihi wa sallam laugh. He also whipped him for drinking khamr. One day he was confronted with him sallallaahu ‘alaihi wa sallam, and he decided that he should be flogged. Then someone from the Muslims said, ‘O Allah, curse him! So often he does it. 'Then the Prophet sallallaahu ‘alaihi wa sallam said:
لاَتَلْعَنُوْهُ فَوَاللهِ مَا عَلِمْتُ إِنَّهُ يُحِبُّ اللهَ وَرَسُولَهُ.
‘Don't curse you, By Allah, I know that he loves Allah and His Messenger. '' [15]
From Abu Hurairah Radhiallahu ‘anhu, he said," A drunkard was confronted by the Prophet sallallaahu ‘alaihi wa sallam, then he ordered that he be beaten. Some of us hit with their hands, with sandals, some hit with clothes. When the person passes, someone says, "Woe to him, may Allah humiliate him." So the Prophet sallallaahu ‘alaihi wa sallam said:
لاَ تَكُوْنُوْا عَوْنَ الشَّيْطَانِ عَلَى أَخِيْكُمْ.
‘Don't become devotees to harm your brothers. '' [16]
[Copied from the book Al-Wajiiz fii Fiqhis Sunnah wal Kitaabil Aziiz, Author Syaikh Abdul Azhim bin Badawai al-Khalafi, Indonesian Edition Guide Complete Fiqh, Translator Team Tashfiyah LIPIA - Jakarta, Ibn Kathir Library Publisher, First Print of Ramadhan 1428 - September 2007M]
_______
Footnote
[1]. Shahih: [Shahiih al-Jaami’ish Shaghiir (no. 7707)].
[2]. Hasan: [Shahiih al-Jaami'ish Shaghiir (no. 3344)], ath-Thabrani in al-Ausath (no. 3810).
[3]. Hasan: [Shahiih al-Jaami'ish Shaghiir (no. 3345)], ath-Thabrani in al-Kabiir (XI / 164, no. 11372).
[4]. Hasan: [Shahiih Sunan Ibni Majah (no. 2720)], [ash-Shahiihah, no. 677], Sunan Ibni Majah (II / 1120, no. 3375).
[5]. Shahih: [Shahiih Sunan Ibni Majah 2721], [ash-Shahiihah, no. 678], Sunan Ibni Majah (II / 1121, no. 3376).
[6]. Shahih: [Shahiih Sunan Ibni Majah, no. 2725], Sunan Ibni Majah (II / 1121, no. 3380), and this is the lafazh. Sunan Abi Dawud (X / 122, no. 3665), Sunan at-Tirmidzi (III / 193, no. 1925), Sunan an-Nasa-i (VIII / 298).
[7]. Shahih: [Shahiih Sunan Ibni Majah, no. 2734], Shahiih Muslim (III / 1588, no. 2003 (75)), Sunan Ibni Majah (II / 1124, no. 3390).
[8]. Muttafaq won: Shahiih al-Bukhari (X / 41, no. 5586) and this is his lafazh, Shahiih Muslim (III / 1585, no. 2001), Sunan Abi Dawud (X / 122, no. 3665), Sunan at-Tirmidzi (III / 193, no. 1925), Sunan an-Nasa-i (VIII / 298).
[9]. Muttafaq won: Shahiih al-Bukhari (X / 35, no. 5581), Shahiih Muslim (IV / 2322, no. 3032), Sunan Abi Dawud (X / 122, no. 3665), Sunan at-Tirmidzi (III / 193, no. 1925), Sunan an-Nasa-i (VIII / 298).
[10]. Shahih: [Shahiih Sunan Ibni Majah (no. 2724)], Sunan Ibni Majah (II / 1121, no. 3379), Sunan Abi Dawud (X / 114, no. 3659), Sunan at-Tirmidzi (III / 197, no 1934).
[11]. Shahih: [Shahiih Sunan Ibni Majah (no. 2736)], Sunan Ibni Majah (II / 1124, no. 3392), and also narrated by an-Nasa-i with different lafazh (VIII / 300, 297).
[12]. Shahih: [Shahiih al-Jaami'ish Shaghiir (no. 4552)], Sunan at-Tirmidzi (III / 194, no. 1928), Sunan Abi Dawud (X / 151, no. 3670).
• Maybe what was meant was Hudhain bin al-Mundzir.-penj.
[13]. Shahih: [Mukhtashar Shahiih Muslim (no. 1047)], Shahiih Muslim (III / 1331, no. 1707).
[14]. Hasan Shahih: [Shahiih Sunan Ibni Majah (no. 2085)], Sunan Ibni Majah (II / 859, no. 2572), Sunan Abi Dawud (XII / 187, no. 4460), Sunan an-Nasa-i (VIII / 314).
[15]. Saheeh: [Al-Misykaah (no. 2621)], Shahiih al-Bukhari (XII / 75, no. 6781).
[16]. Shahih: [Shahiih al-Jaami'ish Shaghiir (no. 7442)], Shahiih al-Bukhari (XII / 75, no. 6781), Sunan Abi Dawud (XII / 176, no. 4453).
Allah Ta'ala said:
يا أيها الذين آمنوا إنما الخمر والميسر والأنصاب والأزلام رجس من عمل الشيطان فاجتنبوه لعلكم تفلحون إنما يريد الشيطان أن يوقع بينكم العداوة والبغضاء في الخمر والميسر ويصدكم عن ذكر الله وعن الصلاة فهل أنتم منتهون
"O ye who believe, verily (drink) khamr, gamble, (sacrifice for) idols, raffle fate with arrows are vile acts including acts of shaitan. So stay away from these deeds so that you will receive benefit. Indeed, the shaytan intends to arouse enmity and hatred between you and khamr and gamble, and prevent you from remembering Allah and prayer; then stop you (from doing the work). "[Al-Maa-idah: 90-91]
And from Abu Hurayrah Allah be upon him hu anhu that the Prophet sallallaahu ‘alaihi wa sallam said:
لاَ يَزْنِي الزَّانِي حِيْنَ يَزْنِي وَهُوَ مُؤْمِنٌ وَلاَ يَشْرَبُ الْخَمْرَ حِيْنَ يَشْرَبُهَا وَهُوَ مُؤْمِنٌ.
"There is no adultery of an adulterer when he commits adultery in a state of faith, nor does he drink khamr when drinking it in a state of faith." [1]
And from ‘Abdullah bin‘ Amr Radhiyallahu anhuma, that the Prophet sallallaahu ‘alaihi wa sallam said:
ََََُُْْْ ُُُّّئِثِئِثَِ،َ َََََِْ شَرِبَهَا َََََََََََََََََََََََُُُْْْإِ َإََِإًِْ،،ِ فَإِنْ مَاتَ وَهِيَ فِيْ بَطْنِهِ مَاتَ مِيْتَةً جَاهِلِيَّةً.
"Khamr is the mother of all evil, whoever drinks it, then the prayer is not accepted for 40 days, if he dies while there is khamr in his stomach, then he dies as the death of the Jahiliyyah." [2]
And from Ibn ‘Abbas Radhiyallahu anhua, from the Prophet sallallaahu‘ alaihi wa sallam, he said:
اَلْخَمْرُ أُمُّ الْفَوَاحِشِ ، وَأَكْبَرُ الْكَبَائِرِ ، مَنْ شَرِبَهَا وَقَعَ عَلَى أُمِّهِ ، وَخَالَتِهِ ، وَعَمَّتِهِ.
"Khamr is the mother of the greatest abomination and sin, whoever drinks it, she can commit adultery with her mother, sister, mother and sister." [3]
And from Abu Hurairah Raheemallahu ‘anhu, he said," The Prophet sallallaahu ‘alaihi wa sallam said:
مُدْمِنُ الْخَمْرِ كَعَابِدِ وَثَنٍ.
‘Khamr addicts like idol worshipers. '" [4]
And from Abud Darda ', from the Prophet sallallaahu ‘alaihi wa sallam, he said:
لاَ يَدْخُلُ الْجَنَّةَ مُدْمِنُ الْخَمْرِ.
"Khamr addicts will not enter Heaven." [5]
Also from Ibn ‘Umar Radhiyallahu‘ anhuma, he said, "The Prophet sallallaahu‘ alaihi wa sallam said:
لعنت الخمر على عشرة أوجه بعينها وعاصرها ومعتصرها, وبائعها ومبتاعها, وحاملها والمحمولة إليه, وآكل ثمنها, وشاربها وساقيها.
‘Khamr was cursed on ten things; (1) on the substance, (2) the extortionist, (3) the person who extorted it for himself, (4) the seller, (5) the buyer, (6) the carrier, (7) the person who asked him to take it, (8) people who eat the results of their sales, (9) drinkers, and (10) people pour them in. '"[6]
What is meant by Khamr?
From Ibn ‘Umar Muhammad anhuma, he said," The Prophet sallallaahu ‘alaihi wa sallam said:
كُلُّ مُسْكِرٍ خَمْرٌ وَكُلُّ خَمْرٍ حَرَامٌ.
‘Every intoxicant is khamr, and every khamr is unlawful. '' [7]
From yah Ayesha Allah (pbuh), he said, "The Prophet sallallaahu aih alaihi wa sallam was once asked about bita’, which is wine made from honey, and the people of Yemen used to drink it, then he said,
كُلُّ شَرَابٍ أَسْكَرَ فَهُوَ حَرَامٌ.
‘Every drink is intoxicating, the law is haraam. '' [8]
From Ibn ‘Umar Allah‘ anhuma, he said, "ar Umar Radhiyallahu‘ anhu stood on the pulpit and said, ‘Amma ba’du, khamr has come down which is (khamr yang) made of five ingredients; (1) grapes, (2) dates, (3) honey, (4) wheat, and (5) sya'iir. And khamr is what can cover reason. '"[9]
From an-Nu'man bin Basyir Allah be upon him ‘anhu, he said," The Prophet sallallaahu ‘alaihi wa sallam said:
إِنَّ مِنَ الْحِنْطَةِ خَمْرًا َّ وِمِنَ الشَّعِيْرِ خَمْرًا َّ وِمِنَ الزَّبِيبِ خَمْرًا ، وَمِنَ التَّمْرِ خَمْرًا ، وَمِنَ الْعَسَلِ خَمْرًا.
Ungguhnya Indeed, from wheat can be used as khamr, from sya'ir it can be used as khamr, from dried grapes it can be used as khamr, from dates it can be used as khamr, and from honey it can be used as khamr. ’" [10]
Many or at least Khamr is not different (the law)
From ‘Abdullah bin‘ Umar Radhiyallahu ‘anhuma, he said," The Prophet sallallaahu ‘alaihi wa sallam said:
كُلُّ مُسْكِرٍ حَرَامٌ وَمَا أَسْكَرَ كَثِيرُهُ فَقَلِيلُهُ حَرَامٌ.
‘Every intoxicating law is forbidden, and what is intoxicating is so much that at least it remains unclean. '" [11]
From yah Ayesha Allah ‘anhuma, he said," The Prophet sallallaahu ‘alaihi wa sallam said:
كُلُّ مُسْكِرٍ حَرَامٌ مَا أَسْكَرَ الْفَرَقُ مِنْهُ فَمِلْءُ الْكَفِّ مِنْهُ حَرَامٌ.
‘Every intoxicating law is forbidden, and what is equivalent to one sara faraq (the three sha equivalent size) is intoxicating, so that all of your palms from it are haram. '' [12]
Hadd Drinker Khamr
If a mukallaf is in a state not forced to drink khamr, he knows that what he drinks is khamr, then he is beaten 40 times. If necessary, the judge may add it up to 80 times, as narrated by al-Hushain ibn al-Mundzir, "That 'Ali whipped al-Walid bin' Uqbah for drinking khamr with 40 lashes, then he said, 'Prophet sallallaahu' alaihi wa sallam had lashed with 40 lashes, Abu Bakr 40 lashes, and 'Umar 80 lashes. Everything is Sunnah, and this one (40 times is not) I like more. '"[13]
If someone drinks khamr repeatedly, and he has been whipped every time he repeats it, then it is permissible for the priest to kill him.
From Abu Hurairah Radhiyallahu ‘anhu, he said," The Prophet sallallaahu ‘alaihi wa sallam said:
إِذَا سَكِرَ فَاجْلِدُوهُ فَإِنْ عَادَ فَاجْلِدُوهُ فَإِنْ عَادَ فَاجْلِدُوهُ ثُمَّ قَالَ فِي الرَّابِعَةِ فَإِنْ عَادَ فَاضْرِبُوا عُنُقَهُ.
‘If someone is drunk, then whip him, when he repeats, then whip him. 'Then he said the fourth time,' When he repeats it, then cut off his neck. '' [14]
With the Establishment of Hadd?
Hadd is determined by one of two cases; (1) recognition and (2) testimony of two fair people.
Not allowed praying ugliness for Khamr drinkers
From ‘Umar bin al-Khaththab Radhiyallahu‘ anhu, he said, "At the time of the Prophet sallallaahu wa alaihi wa sallam there was a man named‘ Abdullah who was nicknamed al-himar (donkey). The man once made the Prophet sallallaahu ‘alaihi wa sallam laugh. He also whipped him for drinking khamr. One day he was confronted with him sallallaahu ‘alaihi wa sallam, and he decided that he should be flogged. Then someone from the Muslims said, ‘O Allah, curse him! So often he does it. 'Then the Prophet sallallaahu ‘alaihi wa sallam said:
لاَتَلْعَنُوْهُ فَوَاللهِ مَا عَلِمْتُ إِنَّهُ يُحِبُّ اللهَ وَرَسُولَهُ.
‘Don't curse you, By Allah, I know that he loves Allah and His Messenger. '' [15]
From Abu Hurairah Radhiallahu ‘anhu, he said," A drunkard was confronted by the Prophet sallallaahu ‘alaihi wa sallam, then he ordered that he be beaten. Some of us hit with their hands, with sandals, some hit with clothes. When the person passes, someone says, "Woe to him, may Allah humiliate him." So the Prophet sallallaahu ‘alaihi wa sallam said:
لاَ تَكُوْنُوْا عَوْنَ الشَّيْطَانِ عَلَى أَخِيْكُمْ.
‘Don't become devotees to harm your brothers. '' [16]
[Copied from the book Al-Wajiiz fii Fiqhis Sunnah wal Kitaabil Aziiz, Author Syaikh Abdul Azhim bin Badawai al-Khalafi, Indonesian Edition Guide Complete Fiqh, Translator Team Tashfiyah LIPIA - Jakarta, Ibn Kathir Library Publisher, First Print of Ramadhan 1428 - September 2007M]
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Footnote
[1]. Shahih: [Shahiih al-Jaami’ish Shaghiir (no. 7707)].
[2]. Hasan: [Shahiih al-Jaami'ish Shaghiir (no. 3344)], ath-Thabrani in al-Ausath (no. 3810).
[3]. Hasan: [Shahiih al-Jaami'ish Shaghiir (no. 3345)], ath-Thabrani in al-Kabiir (XI / 164, no. 11372).
[4]. Hasan: [Shahiih Sunan Ibni Majah (no. 2720)], [ash-Shahiihah, no. 677], Sunan Ibni Majah (II / 1120, no. 3375).
[5]. Shahih: [Shahiih Sunan Ibni Majah 2721], [ash-Shahiihah, no. 678], Sunan Ibni Majah (II / 1121, no. 3376).
[6]. Shahih: [Shahiih Sunan Ibni Majah, no. 2725], Sunan Ibni Majah (II / 1121, no. 3380), and this is the lafazh. Sunan Abi Dawud (X / 122, no. 3665), Sunan at-Tirmidzi (III / 193, no. 1925), Sunan an-Nasa-i (VIII / 298).
[7]. Shahih: [Shahiih Sunan Ibni Majah, no. 2734], Shahiih Muslim (III / 1588, no. 2003 (75)), Sunan Ibni Majah (II / 1124, no. 3390).
[8]. Muttafaq won: Shahiih al-Bukhari (X / 41, no. 5586) and this is his lafazh, Shahiih Muslim (III / 1585, no. 2001), Sunan Abi Dawud (X / 122, no. 3665), Sunan at-Tirmidzi (III / 193, no. 1925), Sunan an-Nasa-i (VIII / 298).
[9]. Muttafaq won: Shahiih al-Bukhari (X / 35, no. 5581), Shahiih Muslim (IV / 2322, no. 3032), Sunan Abi Dawud (X / 122, no. 3665), Sunan at-Tirmidzi (III / 193, no. 1925), Sunan an-Nasa-i (VIII / 298).
[10]. Shahih: [Shahiih Sunan Ibni Majah (no. 2724)], Sunan Ibni Majah (II / 1121, no. 3379), Sunan Abi Dawud (X / 114, no. 3659), Sunan at-Tirmidzi (III / 197, no 1934).
[11]. Shahih: [Shahiih Sunan Ibni Majah (no. 2736)], Sunan Ibni Majah (II / 1124, no. 3392), and also narrated by an-Nasa-i with different lafazh (VIII / 300, 297).
[12]. Shahih: [Shahiih al-Jaami'ish Shaghiir (no. 4552)], Sunan at-Tirmidzi (III / 194, no. 1928), Sunan Abi Dawud (X / 151, no. 3670).
• Maybe what was meant was Hudhain bin al-Mundzir.-penj.
[13]. Shahih: [Mukhtashar Shahiih Muslim (no. 1047)], Shahiih Muslim (III / 1331, no. 1707).
[14]. Hasan Shahih: [Shahiih Sunan Ibni Majah (no. 2085)], Sunan Ibni Majah (II / 859, no. 2572), Sunan Abi Dawud (XII / 187, no. 4460), Sunan an-Nasa-i (VIII / 314).
[15]. Saheeh: [Al-Misykaah (no. 2621)], Shahiih al-Bukhari (XII / 75, no. 6781).
[16]. Shahih: [Shahiih al-Jaami'ish Shaghiir (no. 7442)], Shahiih al-Bukhari (XII / 75, no. 6781), Sunan Abi Dawud (XII / 176, no. 4453).
Selasa, 09 Oktober 2018
The Law of Origin of Worship, Haram Until There Is a Proposition
The Law of Origin of Worship, Haram Until There Is a Proposition
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Some people argued that when a worship which had no argument was contradicted, "Can we worship, why is it forbidden?" Actually people who put forward this kind of understanding do not understand the method outlined by the scholars that the law of the practice of worship is haram until the existence of the argument. In contrast to worldly matters (such as cellphones, FB, internet), the original law may be until there is a prohibited argument. So, these two methods must not be confused. So for those who make a practice without guidance, we can ask, "Where is the argument that commands?"
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There is a fiqh method which is quite good among the scholars,
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الأصل في العبادات التحريم
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"The law of worship is haram (until there is a argument)."
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Our teacher, Shaykh Sa'ad ibn Nashir Asy Syatsri - may Allah preserve and bless his age - say, "(With the above method) it is not permissible for a person to worship Allah with a worship unless there is a proposition from the Shari'at that shows that worship order. So that we cannot make a new service with the intention of worshiping God with it. It could be that the designed worship was purely new or already existed but new procedures were made which were not guided in Islam, or it could be devoted to a specific time and place. These are not guided and forbidden. "(Al Manzhumah Shariah As Sa'diyah fil Qowa'idil Fiqhiyyah, p. 90).
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Some people argued that when a worship which had no argument was contradicted, "Can we worship, why is it forbidden?" Actually people who put forward this kind of understanding do not understand the method outlined by the scholars that the law of the practice of worship is haram until the existence of the argument. In contrast to worldly matters (such as cellphones, FB, internet), the original law may be until there is a prohibited argument. So, these two methods must not be confused. So for those who make a practice without guidance, we can ask, "Where is the argument that commands?"
.
There is a fiqh method which is quite good among the scholars,
.
الأصل في العبادات التحريم
.
"The law of worship is haram (until there is a argument)."
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Our teacher, Shaykh Sa'ad ibn Nashir Asy Syatsri - may Allah preserve and bless his age - say, "(With the above method) it is not permissible for a person to worship Allah with a worship unless there is a proposition from the Shari'at that shows that worship order. So that we cannot make a new service with the intention of worshiping God with it. It could be that the designed worship was purely new or already existed but new procedures were made which were not guided in Islam, or it could be devoted to a specific time and place. These are not guided and forbidden. "(Al Manzhumah Shariah As Sa'diyah fil Qowa'idil Fiqhiyyah, p. 90).
Multi Level Marketing is Unlawful
Multi Level Marketing is Unlawful
Fatwa Al Lajnah Ad Daimah no. 22935 dated 14/3/1425 H explains about MLM which is prohibited from collecting the following problems:
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1. There are forms of usury and usury of rice-ah. Members are ordered to pay a small amount of money and then expect greater reciprocity, this means exchanging some money for excess money. This is clearly a form of usury which is forbidden based on nash and ijma. Because actually what happens is the exchange of money. And not the real intention is to become a member (like in a company) so that it has no effect in the law.
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2. In it there is a form of ghoror (high speculation or chancy) which is forbidden by Shari'ah. Because the member doesn't know whether he can attract other members or not. Tiered marketing or a pyramid system if it takes place, one day it will reach the end point. The new member does not know whether when he is part of the system, he is at the highest level so he can get a big profit or he is at the lowest level so he can lose big. The reality is, most MLM system members suffer losses, except for the few who are at the top level so they are lucky. So generally, this system brings losses and this is the essence of ghoror.
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Ghoror is a possibility of big losses or big profits. Even though the Prophet sallallaahu ‘alaihi wa sallam had banned the sale and purchase of the ghoror as mentioned by Muslims in his saheeh book.
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3. In MLM there is a form of eating other people's property in a vanity way. Because the real profit is the company (company) and members have been determined to trick others.
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4. In this muamalah there is deception and deception against humans. Because people think that by becoming a member they will get a big profit later. Whereas in fact it was not achieved. This is a form of fraud which is forbidden in Shari'ah.
Fatwa Al Lajnah Ad Daimah no. 22935 dated 14/3/1425 H explains about MLM which is prohibited from collecting the following problems:
.
1. There are forms of usury and usury of rice-ah. Members are ordered to pay a small amount of money and then expect greater reciprocity, this means exchanging some money for excess money. This is clearly a form of usury which is forbidden based on nash and ijma. Because actually what happens is the exchange of money. And not the real intention is to become a member (like in a company) so that it has no effect in the law.
.
2. In it there is a form of ghoror (high speculation or chancy) which is forbidden by Shari'ah. Because the member doesn't know whether he can attract other members or not. Tiered marketing or a pyramid system if it takes place, one day it will reach the end point. The new member does not know whether when he is part of the system, he is at the highest level so he can get a big profit or he is at the lowest level so he can lose big. The reality is, most MLM system members suffer losses, except for the few who are at the top level so they are lucky. So generally, this system brings losses and this is the essence of ghoror.
.
Ghoror is a possibility of big losses or big profits. Even though the Prophet sallallaahu ‘alaihi wa sallam had banned the sale and purchase of the ghoror as mentioned by Muslims in his saheeh book.
.
3. In MLM there is a form of eating other people's property in a vanity way. Because the real profit is the company (company) and members have been determined to trick others.
.
4. In this muamalah there is deception and deception against humans. Because people think that by becoming a member they will get a big profit later. Whereas in fact it was not achieved. This is a form of fraud which is forbidden in Shari'ah.
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