The Fiqh Equivalencies: Lap In Islam

The Fiqh Equivalencies: Lap In Islam
Written by : Agung Gumilar Al-Mahmudi

I. Muqaddima (The Introduction)

Before get the study about this problem, its very kind if we see about the exsplanation about lap in the side of Islamic cannon law first. Lap or in Arabic riba have a lot of meanings.
Lap in language its have meaning “surplus”, and in Arabic its have a term “it say riba if it make surplus”.
Almaightly Allah Azza Wa Jalla Say “To be the big community from the other community” (surah An-Nahl:92)
And in the economic term its have the explanation “The Money which has to pay more than first by the one in both agreement with the prerequirement”
In the Islamic canon law its have a lots of meaning, The fuqoha have some defferencies term in this case.
1. Hanafiyah says “The surplus from the money which has to borrowed in the canon law observation corner, to be prerequirement by the first from the both borrow and borrowed in the exchange contract
2. Malikiyah haven’t a specificaly meaning about it, but divide it into two shape: the surplus lap, and the delay lap. The suplus lap its like “selling money or food in the same kind with the the extra”, and the delay lap its like “selling money or food in the condition that the one of both pay at the end of agreement.
3. Syafi’iyah gave a meaning ” The exchange in condition that one of both in the agreement must have an exctra payment which has not have a standard in the cannon law or with the pay out”
4. Hanabilah says ” The surplus in the special things”

II . Kinds of The Lap

The Islamic cannon scientist have a same mine and thought that lap can be found in obligation or economic act such as trade ext. Dependent of that, the scientist separate it into two major kinds of lap.
A. The Obligation lap, which has a several name:
1. The obligation lap, because the lap commontly take place in the obligation
2. The nasi’ah lap, the name is taken from the word “nasi’ah”, in Arabic its have meaning to delay that because the one of both in the agreement delay his payment at the end
3. The jahili lap because the Arabs do this act in the age of ignorancies before the dawn of islam
Imam Ar-Razy say ” It to be know that the lap have two kinds, the first is delay lap or (riba an’nasiah) , and the second kind is surplus lap or (riba fadhl). The delay lap is common act in the age of ignorant (Jahiliyah)
.

B. Trading Lap, its also have several name:
1. Surplus lap have a same means with the more additional amount, for the example its like buying some money with more of additional amount
2. Its also has a name sunat lap or riba sunnah, its because we know it from sunat Prophet Muhammad PBUH

III . The differences fiqh concept in lap

The scientist have a several deffereces concept and theorys :
1. The first concept is the relation between the surplus lap and delay lap. The first is called khofy and the second called jally
The scientis who have this concept is Ibnu Qayyim Al-Jauziy, he say in his book “I’lam Al-Muwaqi’in”

Lap in fiqh concept is separated into two kinds jally and khofy. The first is forbidden because its make some peril, and khofy is forbidden because its have more destructive influence or peril from jally lap . Because that the second is took the first cause of more peril

The jally have a same meaning with the delay which has practed in the age of ignorant. Now we speak in the surplus lap, it’s mostly forbidden having close the peril gate. Prophet PHBU say in hadeets “Don’t sell such dirham with more dirhams because I afraid rima of you”. The word rima have a synonym with riba

2. The second concept, the relation between the lap which called in Holy Qur’an and the lap which called in Holy Sunnah .
This concept took the lap called in Holy Qur’an with jally or the ignorant lap
within lap called in hadeets with riba nasi’ah (delay lap) also with jally lap
with the same meaning. The remainder is the lap which called in Holy Sunah with khofy, because the lap which called in Qur’an have a same side with the lap called in Sunat riba nasi’ah .

IV . The Conclusion

After we study the topics above from the introduction until the defferencies concept, we can find some important conclusion such as:

1. Lap can be take place in every obligation and every common economic act like trade, rent, and the others.
2. Lap is forbidden in Islam because its can appear some peril to every human aspect especially to economic and safety live, the unfair practice which make the most reason for the suffering victims to do some illegal act
3. Islam came to this world for happiness of human beings.
4. Lap considered to genre separate into two major kinds the surplus lap and the delay lap
5. Islam is the religion with the truly justice
6. The pursuit to have honestly in the economic act

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