Requirements For Qabul Ijab In Islamic Sale And Purchase To Be Legal

Ijab qabul requirements in buying and selling (freepik)

YOGYAKARTA - In every buying and selling transaction, consent qabul plays an important role as a sign of the validity of the agreement between the seller and the buyer. So what are the requirements for qabul consent in buying and selling?

This article will thoroughly explore the terms of consent qab in Islam, ranging from the underlying pillars, to the legal implications that arise if these conditions are not fulfilled.

Reporting from the NU Online page, the legal basis for allowing the practice of buying and selling comes from the Qur'an, hadiths, and the agreement of the ulama (ijma'). In the book Kifaturyatul Akhyar, Sheikh Taqiyuddin Al Husny provides a definition of buying and selling in an Islamic perspective as follows:

"In terms of language, buying and selling means giving an object as a substitute for other objects. In sharia terminology, buying and selling is an exchange of assets for management, which is carried out through consent and qabul words in accordance with the rules that are allowed (sah).

Thus, based on the definition of buying and selling according to the Shari'a, it can be concluded that there are three important elements in buying and selling. Imam Al-Rafi'i, although not calling it a pillar, underlined these three elements as a legal condition for buying and selling, namely:

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In the context of buying and selling transactions, the expression of handover, known as shighat, has a special position.

Imam al-Rafi'i, as explained by Sheikh Zakaria Al-Anshory in the book Fathul Wah

In fact, al-Rafii placed it as the main requirement that determines the validity of a transaction. The absence of shighat will invalidate the validity of buying and selling.

This view is the basis for Syafi'i's mazhab which does not allow the practice of bai' mu'wah, namely buying and selling which takes place without the pronunciation of consent and qabul.

The concept of buying and selling like this is different from Hanafi's mazhab which allows bai' mu'wahhah.

However, shighat does not always have to be expressed in strict and explicit sentences. An example of an explicit sentence is, "I sold this shirt to you," which was then answered, "I bought this shirt from you."

The point is that shighat can also be expressed through catchy sentences, as long as the sentence is generally understood as a form of handover of goods in the context of buying and selling.

For example, when a buyer says to the seller, "I take this shirt now, yes. Tomorrow I will pay," the words "take" and "pay" in a certain cultural context can be interpreted as a form of buying and selling.

Then the validity of the transaction is determined by the condition of the actor of the contract (seller and buyer), which includes:

Perpetrators must be able to act legally, namely having common sense and not experiencing mental disorders.

Meanwhile, children and individuals with mental limitations are not considered capable.

Then there is an exception, namely loss of reason because a disaster makes transactions invalid, but if it is due to bad habits (drunk), some opinions still think it is legal.

Transactions must be based on free will, without coercion. However, there are exceptions, namely coercion by the judge for justice (for example, the sale of assets to pay off debts) is considered legal.

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