1.
Member Card
Meaning
Member Card or - in
Arabic-Bithaqatu at Takhfidh is a card where the owner will get a discount from
the price of the goods or services provided by a number of enterprise-specific
enterprise.
Member Card has many
kinds, among which are: First: Free Member Card membership card that is
available free way, or just pay cash card manufacturing cost. Second: Special
Member Card, and the transaction occurs from only two parties: the organizers
are issuing the card, and the member or participant who buy card. Third: Common
Member Card and the transaction occurs from three sides: providers of goods and
services, the organizers are issuing the card, as well as members or
participants who purchase the card. Member Card is the second kind obtained by
means of pay. (Dr. Khalid bin Ali al Musyaiqih, Present Fellow, p: 97)
2.
Member Card
Law
For a free card
types, allowing scholars to trade with it. As for the type of card that is not
free of dissent scholars in setting legal status using the Member Card.
First opinion: The majority of contemporary
scholars declare prohibited. They stated the following reasons:
First: Member Card contains gharar. Because
members have paid card, with the purpose of getting discount from the price of
the goods or services offered, though he does not know who will be receiving
the discount rate, it may be a smaller amount than the price of the card
itself, it could be greater than the price of the card. This is gharar which is
prohibited in Islam. In hadist Abu Huraira, that he said:
نهى رسول الله صلى الله عليه وسلم عن بيع الحصاة
وعن بيع الغرر
"Behold, the Prophet sallallaahu 'alaihi
wasallam prohibited sale by throwing pebbles and transaction that contains an
element of fraud." (Narrated by Muslim)
Second:
In the Member Card is an element of speculation, because the member has to pay
a certain price for a card with no idea what he will profit in the transaction,
or to lose. If he uses the card continuously, probably he will prosper, but if
he does not wear it but only a little, or not wearing them at all, of course he
will lose. This is a form of illegal gambling Islam, as Allah says:
يا أيها الذين آمنوا إنما الخمر والميسر والأنصاب
والأزلام رجس من عمل الشيطان فاجتنبوه لعلكم تفلحون
"O ye who believe! (Drinking) wine, gambling,
(sacrificing to) stones, arrows, are an abomination of Satan. So shun the
abomination that ye may prosper. "(Qs Al Maidah: 90)
Third:
Member Card is in it there is an element of deception with the intention of
draining the property of others. Since most of the promised discount on the
Member Card is just simply the lure away from the reality. Sebagain Similarly
the price of goods didiscount evidently raised earlier, until the impression
that prices are discount price but actually not so.
Fourth:
Member Card This caused much strife and discord, especially among members with
providers of goods and services, which sometimes they do not want to give a
discount as promised by the issuing Member Card. Things like this should be
prevented and prohibited. As the word of God:
إنما يريد الشيطان أن يوقع بينكم العداوة والبغضاء
في الخمر والميسر ويصدكم عن ذكر الله وعن الصلاة فهل أنتم منتهون
"Satan's enmity and hatred between you with
intoxicants (alcoholic drinks) wine and gambling, and hinder you from the
remembrance of Allah and from prayer then stop you (do the job)." (Qs Al
Maidah: 91)
Fifth: That the Member Card this, the organizers
have to sell something it did not own. Party organizers can just clear out the
promise of the other party which is not necessarily occupied. Therefore, we get
the organizers also can not interfere when the goods and services providers
deliberately increase prices unilaterally up any pretense of financing and
others. This all dikatagorikan sell something it did not own. And as this is
forbidden by the Prophet, as contained in hadist:
لا تبع ما ليس عندك
"Do not sell what you do not have!"
(Narrated by Abu Dawud & Tirmidhi)
Al Majma 'Al Fiqh in Rabithah al' Alam al Islami
on daurahnya the 18th - which was held in Makkah Al Mukarramah on 10-14 Rabi
`Early 1427 H / 8-12 April 2006 M has decided its illegal to use this Card
Member. Similarly, al-Lajnah ad Daimah IFTA lil 'in Saudi Arabia issued a fatwa
no: 12 429, Member Card eat the flesh of this.
Second Opinion: Even so, there are some scholars
who allow the use of Member Card by explaining the reasons as follows:
First: Originally all transactions, it is
permissible until there is a provision banning.
Second: that the card price is for the organizers
because wages have become an intermediary to service providers so that they
give discount to members Member Card. This fee as allowed by including wages
from a job. (Khalid al Mushlih, Al Hawafiz at Tijariyah, pp: 179-192)
Third: That allowed someone to say to others:
"Give me a discount from certain stores, so will I pay the wages."
Even Imam Ahmad allows one say to the other: "Lend me money from so and so
amount of 100 million, and you would get 10 million from me". (Ibn
Qudamah, Al Mughni, dar al Hijr 6/441)
From the above statement, it can be concluded that
the debt realtor only be allowed, would be a discount broker, more are allowed.
Fourth: That the gharar in the Member Card is not
forbidden gharar Shari'ah, because dikatagorikan slight gharar. Whereas the
forbidden gharar is gharar where a transaction between two parties, there is a
probable benefit one party over the other losses.
What if the transaction has two possibilities, the
first possibility would be beneficial to both parties, while the second
possibility causing one of lucky on the other loss? This is where the scholars
of different opinions, it depends on the possibility that often occur. If often
happens is one of the benefit on the losses, then banned. But if that often
occurs is the same on both sides - the same profit, then this is permissible.
For example in Al Arbun transaction whereby one
party (the buyer) to submit an advance to another party (the seller) to note if
buyers hold a sale and purchase transaction, then the down payment will include
the purchase price, but if the buyer to cancel the transaction, then advance
the possession of the seller. (Fair Azazi, Tamamul Minnah, p. 340). This kind
of transaction is allowed by the priests of Ahmad and some scholars of the
Salaf. Because the advance is not meant for gaming, or one party deliberately
to take advantage of the advance on the loss of others. But the mere fact
advance to strengthen the agreement and sebagi shape determination from the
buyer that he will buy the goods he commissioned. As for the buyer, if not so
continue the transaction, it is his right.
In this regard Member Card including contracts
that contain beneficial for both parties: the organizers and the participants,
although it must be admitted that it could only be one of the losers while the
others profited. Therefore to determine the ruling, should be used to:
First: If the participant requires a lot of goods
or services provided by the organizers, then of course both sides will benefit,
then this kind of thing is allowed.
Second: If the participant is basically not much
need of goods and services, then this is included in a lot of gharar until forbidden
to do, because it is a waste of money with no benefits. (Dr. Sami bin Ibrahim
Al Suwailim, Bithaqat Takhfidh Dhoui fees Qawaid al Muamalat As Syar'iyah)
Conclusion: After seeing the comparison between
the two above and then applied to the facts on the ground, the authors incline
to the opinion that can not transact with Member Card of the second and third,
which is to get them to pay in advance. Because in it contains a lot of gharar
and speculation, especially in this era, very few honest traders. Most of them
are just mere pursuit of profit regardless of the rules and regulations of
Islam.
And as if the field turns out that most of the
organizers found the card and there are honest merchants, and found no element
of fraud and gharar, then back to the original ruling, that may be. Allah knows
best.
Cipayung, East Jakarta, 23 Jumadil Ula 1432 H / M
27 April 2011
