In the Name of God, Most Gracious, Most Merciful
We often hear words like "Shariah Compliant" or "Shariah Compliance" in various matters, especially in business and daily life.
Examples are Shariah-compliant Hotels, Shariah-compliant Food Manufacturers, Shariah-compliant Banks and more. Most of these businesses focus on aspects such as wear during work, the use of "halal" materials recognized by a government department, practicing the prayers and verses of the Quran in business activities or production of products from the factory etc.
I am not sure how the term "Shariah-compliant" is interpreted but in the Quran there is a verse that outlines in detail the business procedures on credit or debt should be done or practiced.
Surah Al Baqarah - 2 verses 282-283
O you who believe, when you do not engage in cash for a specified time, you should write it down. And let a writer among you write it down correctly. And let not the writer refuse to write it as Allah has taught it, then let him write, and let the debtor dictate (what is to be written), and let him fear Allah his Lord, and let him not diminish in the least from his debt. If the debtor is a person who is weak-minded or weak (his condition) or he himself is not able to dictate, then the guardian should dictate honestly. And bear witness with two witnesses of men (among you). If there are no two men, then (may) one man and two women from the witnesses whom you are pleased with, so that if one forgets then one reminds him. Let not the witnesses refuse when they are called; and do not get tired of writing the debt, both small and large until the deadline to pay it. That is, it is fairer in the sight of Allah and stronger in testimony and closer to not (raising) your doubts. (Except that your dealings are), unless the dealings are cash transactions that you conduct between you, then there is no sin for you, (if) you do not write it. And bear witness when ye trade; and do not make writers and witnesses difficult for each other. If you do (that), then it is indeed a wickedness in you. And fear Allah; God teaches you; and Allah is All-Knowing. If you are on a journey (and bermu'amalah not in cash) while you do not get a writer, then there should be a dependent item held (by the debtor). But if some of you believe in others, then let him who is trusted fulfill his mandate (his debt) and let him fear Allah his Lord; and do not conceal your testimony. And whoever hides it, he is indeed a sinner in his heart; and Allah is Aware of what you do.
From this paragraph, the terms and conditions of trading on credit or debt are as follows: -
1. It Must Be Written Correctly.
In general, business on credit is done in writing. When the buyer buys on credit, the seller will issue an invoice ("invoice") or "bill" stating the goods purchased, the price and the total amount of the purchase.
The invoice also states the terms of payment when the invoice or the amount owed must be settled along with the bank account number.
Writers are also required to write correctly. This means writing in detail to avoid any controversy.
2. The Debtor Should Agree with the Invoice
In this verse, the Debtor is required to dictate what is written. In my opinion here means, the Debtor should agree or confirm what is written in the invoice.
This is usually done where when the Debtor receives the invoice, the Debtor will acknowledge what is stated in the invoice. In today's business world, if there is no objection from the Debtor to the details of the invoice, then what is written in the invoice is considered true, valid and accurate.
This verse also emphasizes that the Debtor must also be honest and acknowledge the amount he owes without reducing it even a little.
3. Guardian of Debtors who are unable to verify
The importance of confirmation from the debtor is emphasized again in the same verse, when God requires the presence of a guardian or successor for the debtor to confirm the invoice if the debtor is weak-minded or incapable, such as the sick and others. The guardian or successor of the Debtor must also confirm details written above the invoice honestly.
4. TWO Male Witnesses Needed
To further strengthen what is written and what is confirmed, Allah also requires that there are Two (2) male witnesses or One (1) Male and Two (2) female as witnesses to the details in the invoice.
These witnesses should also be honest if called because there is a dispute, then these witnesses are required to be honest in the testimony of the invoice.
This witness practice is normal for any contractual agreement, but is something that is rarely or never practiced in the issuance of invoices to the Debtors in Malaysia.
In my opinion, the practice without witnesses in the issuance of this invoice is not Shariah compliant and should be taken seriously.
In conclusion, all business transactions, even small ones that only require the issuance of invoices in writing, must have witnesses.
5. Writers and Witnesses do not complicate the Testimony
Among the characteristics of being a writer and also witnesses are those who are approved by the Debtor and the Creditors. They should carry out their duties as writers and witnesses sincerely and honestly. If they complicate the situation by not being honest, then they belong to the group of people who are wicked on the side of God.
6. It is recommended that there is collateral if buying and selling on credit without writing
When there are situations where credit trading occurs in a hurry or on the way where no writing or invoice can be issued, then shariah-compliant practice requires the creditor to hold something owned by the Debtor as collateral.
Even so, this practice is not something that should be done if the creditors and the debtors trust each other.
7. There is no need to hide the statement because God knows the essence of the transaction
At the end of this verse, Allah says "And whoever hides it, then indeed he is a sinner in his heart; and Allah is Aware of what you do." It is clear that Allah knows best the true essence of the transaction and those involved in The transaction, whether, the author, the creditor, the debtor or the witnesses do not need to hide the fact.
The question now is, are the matters detailed in this sentence taken into account when a business is classified as shariah compliant by the authorities or fatwa and syariah councils in Malaysia or anywhere.
In a previous article entitled, Capitalism, Riba Gates and Islamic Banking - Who Are They Trying to Fool ?, I have discussed how Islamic banking experts fool Allah by distorting banking transactions and classifying them as Shariah-compliant Islamic banks, even though Islamic banking itself is more inclined to Riba.
In my opinion, the use of words such as "Shariah compliant", "Islamic Business" and others that aim to give the impression that it is "Halal" should be reviewed, because it has begun to confuse society.
In fact, some have been deceived so that there are people who for example do not want to go to a regular hospital and just go to the "Islamic Medical Center" because they believe it is more afdal because there are holy verses of the Quran displayed on the walls and nurses use the verses of Al Quran as a treatment.
Probably many are worried about this statement. As usual, it is just reflection and the rest ...... Atahmu.
Wassalam.
No comments:
Post a Comment