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  • Essay / Use of Islamic Sharia in business transactions

    Islamic Sharia in business transactions involves several prohibitions such as riba and gharar. Muslim scholars have agreed that the harm caused by the treatment of usury and gharar outweighs its benefits; they are prohibited in the Quran and Sunnah. However, this prohibition does not necessarily mean that all contracts containing gharar are invalid; for example, sallam contracts contain gharar. The reason is that the advantages have overshadowed the disadvantages. Therefore, the objective of this essay is to analyze the Islamic rules regarding the prohibition of both usury and gharar, with the aim of demonstrating that although they are prohibited because their disadvantages l outweigh their advantages, gharar is authorized in certain contracts. Thus, this reflects the flexibility of Islamic law and how it can be modified to accommodate rapid economic development. Riba It is unanimously agreed that riba means increase or growth (chapter 2). This type of increase is divided into two types: the first is an increase in money coming from the money itself. This happens when the owner of the money increases the debtor's debt rate due to late payment (REFRENC). This type is called riba al-naseia or riba alQuran. This type has many verses that confirm its prohibition, not only in Islam but also in Judaism (chapter 2, p. 36). “Because of the misdeeds of the Jews, We have forbidden them the good things which were previously made lawful to them, and because of their many obstacles in the path of Allah. And their taking usury when it was forbidden to them, and their devouring the wealth of the people under false pretenses. We have prepared for those among them who disbelieve a painful punishment' (4:160-161) This verse is from the fourth chapter, al Nisa. The second type...... middle of paper...... effects, and in this case will not be prohibited (Al-Gamal, ????). To clarify this point, a sallam contract can be a clear example of a contract which, although it contains gharar, is permissible. In light of this situation, it is clear that Islam has flexible legislation and takes into account the needs of the individual as well as society. Conclusion Based on the concept of usury and gharar, under the wisdom of the prohibition of usury and gharar, it can be said that is prohibited in the Islamic concept which requires that the damages be greater than the interests and the wear, which clearly reflects this. Gharar illustrates the flexibility of Islamic law in that it is permitted when its advantages outweigh its disadvantages. Through these results, we see the emergence of a question that deserves to be at the center of a discussion: are all contracts in Islamic banks completely free from usury? ??