KEEP YOUR BLESSINGS: AWAY FROM PROPERTY THAT DOESN'T COMPLY WITH SHARIAH

» ARTICLE » KEEP YOUR BLESSINGS: AWAY FROM PROPERTY THAT DOESN'T COMPLY WITH SHARIAH

Islamic financial institutions are prohibited from providing services or facilities to an illegal business.

According to Zulkifli Hasan (tt), the characteristics of properties that do not comply with Sharia are as follows:

Property that is produced from activities that are clearly contrary to the Sharia;
Property whose legal status is disputed between halal and haram; and
Property where there is a mix between halal and haram from the point of view of 'ain (things) or actions.

Examples are income from illegal activities such as the sale of grapes to winemakers, wages for bringing wine from factories to supermarkets that sell alcohol, and the sale of weapons to the enemy of Islam.

In a financial context, an example is interest earned from deposits in conventional bank accounts.

According to Mohd Sabree & Khairul Azhar (2019), the Shariah Advisory Council (MPS) of the Securities Commission (SC) sets the criteria for a company's securities to be classified as non-Shariah-compliant if the company's core activities are not in line with Shariah as follows:

Financial services based on usury (interest);
Gambling and betting;
Production or sale of non-halal goods or related goods;
Conventional insurance;
Entertainment activities that are not in line with Sharia;
Production or sale of tobacco-based goods or related goods;
Broking or buying and selling of non-Sharia compliant securities; and
Other activities that were found to be inconsistent with sharia.

The criteria for a company's securities to be classified as non-Shariah-compliant is if the company's core activities are not in line with Sharia.

For companies that carry out activities that are mixed between activities that are in line with Sharia and vice versa, (MPS) considers two additional criteria, namely:

The general public's view of the company's image must be good; and
The company's core activities are of interest and benefit to Muslims and the country, while elements that are not in line with Sharia are very small and involve matters of 'umum balwa', uruf and the rights of non-Islamic communities certified by Islam.

Zaharudin (2010) also stated that contemporary scholars agree that Islamic financial institutions are prohibited from providing services or facilities to an illegal business.

In fact, companies that carry out activities that are not required by Shariah or are involved in illegal transactions are also not allowed to open Islamic financial accounts such as current accounts or deposit accounts .

This is because, if an Islamic financial institution allows the opening of an account for activities that are not required by Shariah, then the institution can be considered to be complicit or involved in the illegal activity.

TYPES OF PROPERTY NOT COMPLIANT WITH SHARIAH

The types of properties that do not comply with Sharia are categorized as follows:

(a) Property Obtained as a result of Things Categorized Illegal

This category of non-syariah-compliant property refers to any property obtained as a result of transactions that are contrary to syariah such as usury, gambling, alcohol and other things categorized as haram.

Property acquired through transactions in the riba system including banking and conventional insurance, gambling, selling non-halal products and shares or securities based on riba are also included in this category.

(b) Property Obtained Through Sources That Do Not Comply With Shariah Requirements

This property refers to any type of asset that is originally halal and legal and is not a haram category but it becomes haram as a result of the way of obtaining it that does not meet the requirements of Shariah.

Sharia non-compliant property in this category refers to any asset obtained through fraud or criminal activities such as bribery, embezzlement, stolen property, breach of trust and robbery.

(c) Property of Syubah

Doubtful property refers to the status or position of the thing or asset that is in doubt.

Among the examples of syubhah property are such as late payment compensation for Islamic financial instruments and ASN and ASB investment status.

In this category, there are fatwas that allow it and there are also fatwas that prohibit it.

Although generally we are allowed to choose any fatwa because it is not binding unless it is gazetted, it is better not to use this wealth for personal purposes or it becomes our property.

This coincides with the hadith regarding the status of syubhah property from An-nu'man bin Bashir ra he said: I heard the Messenger of Allah Sallallahu alaihi wasallam say:

What is lawful is clear, and what is unlawful is clear, and between the two of them are doubtful matters that many people do not know. So whoever avoids doubtful matters will keep his religion and his honor clear.

"Halal is clear and haram is also clear and between the two (there are) doubtful things, many of the people do not know it. Whoever guards himself from doubtful matters, (then) he has purified his religion and honor".

(Bukhari narrations: 52)

According to (Mohd Rofaizal & Muhamad Ismail, 2017), the hadith above instructs Muslims to stay away from suspicious matters because they are worried about getting caught up in unlawful matters.

Although what is halal is clear and what is forbidden is clear through the texts of the Qur'an and hadith, but between the two there are matters of doubt or ambiguity that many people do not know.

According to al-Muhallab, ambiguous matters between halal and haram are subject to the original argument of both.

Any matter for which the argument is established, then it will be relied upon.

Sometimes there are two arguments that contradict each other until the occurrence of ambiguity in the view makes it difficult to do tarjih (Ibn Battal, 2003).

Al-Nawawi (2000) asserts that a person who is careful about himself will not approach Allah's Hima (God's forbidden area), not depend on things that lead to immorality.

For that reason, he did not get caught up in any dubious matter. (Mohd Hapiz, 2018)

Al-Hasan ibn Ali ra narrated a hadith:

Leave what makes you doubt for what does not make you doubt, for truthfulness brings peace of mind and falsehood brings doubt.

It means: "Leave the things that doubt you to the things that do not doubt you. Indeed, the truth is a calmness and a lie is a doubt"

(Riwayat al-Tirmizi, hadith no. 2518)

(d) Halal and Haram Mixed Property

This type of non-Shariah-compliant property refers to mixed property where

some are haram and some are halal.

For example property obtained from halal and haram sources such as businesses involving Islamic financial instruments and at the same time having transactions and income from conventional banking.

If it can be identified from the mixing of the property earlier, the property obtained from illegal sources cannot be used for personal purposes and it must be given to the public good.

(e) Assets of Unknown Source

Among the property whose position is often unclear refers to property whose source is unknown.

For example, property such as money or gold found on the street or anywhere.

If the owner is known, it needs to be returned and if it is not known, it needs to be handed over to Baitulmal or an authoritative party so that it can be used for public benefit.

Date of Input: 19/11/2024 | Updated: 19/11/2024 | asmunir

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