In the legitimate selling is the exchange of property with the permindahan property or ownership with certain financial compensation according to the required context. Buy sell prescribed by Allah to his slaves as the spaciousness and convenience. It is revealed in the Qur’an and the Sunnah of his Prophet. Almighty God said:
“God justifies selling and proscribed usury” (QS al-Baqarah : 275)
The Prophet said:
“The best of working income is a man with his own hands and every business that accepted” (narrated by Al-Bukhaari).
That is, a business in which there was no fraud and no treason.
When buying and selling takes place perfectly, then the implications for selling objects will be visible, i.e. the occurrence of the transition of ownership of the goods sold to the buyer and price of ownership (payments) to the seller.
How to buy and sell that one actually has been going on since the time of Prophet Muhammad implement Islamic Sharia in the context of society and State in Medina. These conditions continued in the next period, in which the caliphate system always safeguard and secure implementation of Ordinances and selling that one so that people can easily do buy sell halal.
However, since the inclusion of the concept of the capitalist trading system into the lives of the Muslims, especially since the Caliphate of Islamic and Muslim guard disbanded by Mustafa Kamal in Turkey in 1924, the Muslims gradually forget the tenets and terms of sale are legitimate. Since then came the concept of trading (buying and selling) which contradicts sharia or at least still leaves doubt will be kehalalannya, such as the stock exchange, foreign currency exchange, multi level marketing, and leasing (lease purchase). It all happened because the Muslims are living in a capitalist system that is secular, negated the rules of religion (Islam) and justifies all means. Since then, many Muslims that it is difficult to distinguish where selling halal which is unlawful.
Lately there is indeed an attempt to mengislamisasi the procedures for selling such capitalist-style with Islamic Sharia, as happened in the capital markets. Although this type of transaction as it has been called an Islamic stamp, but we still have to be careful with the real facts and researching menstandarisasikannya with the selling that has been described in detail in the academic vocabulary of Islam that had been complete, so that we can ascertain whether property acquired, through selling it, halal or haram.
To ensure our treasures halal or haram, Islamic Sharia has established tenets and terms that cause property is exchanged to be valid are legitimate, so halal to be owned and used, good to eat, prepared or maintained in a manner what is confirmed by the Sharia. If the tenets and terms of sale do not comply with the provisions of the property then the sharia is not valid (haram) owned and/or managed.
Pillars aqad was (1) the two parties berakad (al aqidaan), (2) the object of the contract (al-mahal al aqd), and (3) the editor of contract or consent qabul (Al-shighaat).
Terms of Sale
Terms and conditions of sale established by Islamic sharia is as follows:
1. The terms ‘ Aqid (party Berakad)
Al ‘ Aqid (party berakad) required should be people who are wise and otherwise (discern). Therefore, the Akkadian people do crazy and young children who have not been otherwise not valid. Validity of contract committed by young children who otherwise depend on the permission of their parents or the person in charge of him, if there is legitimate, then permission – if not, then – not valid.