TYPE OF
FRAUD
1. ACTUAL FRAUD
A situation whereas a person change the subject of the contract in
intention to cheat another person.
Examples a second hand seller car try to paint the car and reset the
mileage of a car to make it look new
2. VERBAL FRAUD
One parties try to convince another parties to enter into a contract
using wrong information or lying.
Examples multi level marketing company try to convince your investment
will double up after certain dates, but its actually not.
3. HIDING THE TRUTH FRAUD
Seller hide the defects of subject of the contract
Examples; fruits seller hide defects fruits.
RIBA
ALFADHL
Riba
alfadhl is prohibited by the hadith of prophet P.B.U.H based on the sales
contracts. Any additions of exchange ribawi commodities against each other’s
addition is prohibited.
Gold is to
be paid by gold, silver by silver, wheat by wheat, barley by barley, dates by
dates, salt by salt, like by like; payment has to be ,ade by hand to hand. He
who made an addition to it, and ask for addition to it, in fact dealt with
usury. The receiver and the giver are equally guilty.
According
to most of fiqh scholar general application not only limited to 6 item but it
should be extended to other commodities through qiyas.
If one of
the parties doesn’t want to exchange with the same type of commodities examples
dates with dates then one of them should sell his dates and use the money to
purchase the dates from another parties. The exchange should be taken
immediately and from hand to hand. Himah behid the prohibition of riba alfadhl
is that value of ribawi commodities such dates cannot be exchange with other
dates. Examples value of lowered dates cannot be exchange with higher quality
dates.
CONFORMITY
OF OFFER AND ACCEPTANCE
Buyer must
follows seller term and condition in order to make contract valid. Examples
when seller make a promotions of 2 computer for 3000$ buyer cant buy only one
the computer for 1500$. The offer only when you buy both computers.
HOMOGENOUS
PROPERTY
Is a
property that have equal quantity of something similar to them in markets.
Homogenous property by measure by 4 types, weight, measure, number,
measurement.
VOIDABLE
CONTRACT
A contract
made with defective consent such as a person were force to enter into contract
under duress. The contract voidable when parties agree on void conditions.
Voidable contract is valid when
prohibited attributes is remove.
GHARAR
Gharar is
uncertainty. Refers to sales contract that attractive to purchaser to it form
but there is unknown and ambiguous about the substance. Quran prohibits all
dealing where the intention is to deceive one of the parties. Gharar arise when
subject matter is not delivered, will not acquire, and not clear. For examples,
fish in the water, bird in the sky and foetus in animal womb. Gharar are use
fraudlent to obtain property unlawfully and create disagreement between
parties.
To avoid
gharar, all pillar of a contract need to fulfil the offer and acceptance,
parties and subject matters. Offer and
acceptance have clear. The word used in offer and acceptance should clearly
indicate and express consent of the parties with certainty. Both parties must
have legal capacity. If one of them are not he must be under supervision under
his guardian. Parties must aware the consequences of the contacts and
understand the content of the contract clearly. Subject matter must be in
existence at the time of contracts, subject matter can be delivered, subject
matter must precisely determine (the brand, quality and the type of subject
matter). If one of the pillar of the contract not be fulfil the contract
considered void.
AQAD
Is
combination of offer of one parties and acceptance of another parties in the
manners it effects subject matters. Subject matter is commodities of the
seller. There must combination between 2 of them in the same majlis aqd. Not
recommended to have witness in sales contracts. Ijab is offer and qabul is
acceptance. Both parties must have consent in making contract, they must have
willingness in involve in the contract. Consent can see in word, gestures.
Seller have the obligation to delivered the subject matters and buyer have
obligation to paid the subject matters. Essential elements of aqd 3 element if
there are not there sale is not valid, 1.offer and acceptance, 2.parties,
3.subject matters. Forms of the contract must be clearly – clear languages,
free of conditions that involve in gharar, 2. Conformity of offer with
acceptance to subject matters. Offer and acceptance must be in same trading
session majlis aqd. If offer is made and the contract not come to conclusion or
parties saperate and leave the place. The a few days later a buyer willing to
accept the offers, the offers is invalid and offer will be cancel with the
conclusion of offer. Seller have to make a new offers. If the promise the
contract or offer is still valid. Offer and acceptance in phone and internet,
email, fax contract is valid. Expression
of consent. Any statement you made that indicate you buy from another person
the other person is selling it to you. 1.spoken, 2.writing, 3. Action, 4. Modern
communication word Contract can be concluded by action, seller delivered the
commodity to buyer without any expression of words (bai almuatat). If one of
the parties is passes away before the sale is concluded the offers is cancel,
inherited cant claim the offers. Or if he lose the capacity to make
atransaction he become crazy and mentally sick. Contract also cancel when buyer
don’t meet the conclusion, subject matter is destroyed and destruction (grains
hit by heavy grain and the grain is destroyed). Time fixed for acceptance if
the period is pass the offer is cancel. Element of subject matter either
commodities and services (accountant, lawyer, counselling). Subject matter
should be exist except bai al salam (future sales) pay the price expect a
person will delivered merchandise after certain period. Istina (manufacturing)
one parties promise make or build something and buyer paid the price before the
object done, this contract must be cleared and to be agree upon. Subject matter
must value - material value and legal value. Subject matter can owned, public
property cant be owned, haram item. Subject matter must own by the seller, we
not allowed to sold things we don’t own, subject matters can be delivered,
examples car are stolen, seller offer the stolen car with cheaper prices. Subject
matter have to specify, in front of you, and well describe to you we able to
make a sales.
