Monopoly in the Perspective of Islam (ikhtikar)

INTRODUCTION WORD

Praise be to God who has helped his servant accomplish this task with great ease. Without the help of constituent He may not be able to finish well.

This task is collated by the author with a variety of obstacles. Whether it will come from the author or from the outside. But with patience and especially the help of God this paper finally be resolved.

This task includes about "Monopoly in the Perspective of Islam '' was chosen because it attracts the attention of the authors to observe and need the support of all the Ikhtikar or Monopoly that occur among employers now affected the economic levels of society.

Hopefully, this task can give you greater insight to the reader. While this task has advantages and disadvantages. Composer ask for advice and criticism.

PART I

PRELIMINARY

In Islam we are indeed in a lawful and in order to seek sustenance through various businesses such as farming, hunting or trading or selling. But of course we as believers are required to run a business trading as Islam, are required to use the procedure of lodging according to the Koran and Sunnah, there are rules that govern how should a Muslim attempted in the field of trade in order to get the blessing and pleasure of Allah in this world and hereafter.

The rule of Islamic trade, clarifies the various terms and the pillars that must be met by Muslim traders in carrying out the sale and purchase. And is expected to use and adhere to what has been in the syariatkan, a trading business and a Muslim will be developed and expanded rapidly due to always get a blessing of Allah in this world and in the hereafter.

Besides having to know how the transaction that are allowed and authorized by hukm Islam, we are also required to know any transaction that is prohibited by Islam, so that we do not fall to the things forbidden by Allah SWT, for that is in the paper this simple I will discuss one of the many buying and selling is not allowed, ie monopoly or Ihtikar. About what and how ihtikar according okum view of Islam.

CHAPTER II

DISCUSSION

A. Definition Ihtikar

      Ikhtikar (الاحتكار) in Arabic means unjust (persecution) and damaging relationships
(اساء المعاشرة), attempts hoarding of merchandise to wait for the soaring prices of goods hoarding is one case in which trade is forbidden by religion because it can bring madhorot. The scholars express meaning or definition ihtikar (hoard) vary seemed as described below Imam Muhammad bin Ali ash-Syaukani define: stockpiling or retaining load on shoulder from circulation goods.

Another definition Ikhtikar means to hoard goods to be circulating in the community is reduced, then the price goes up. Amassing earn huge profits, are being disadvantaged communities (1). According Adimarwan "Monopoly literally in the market there is only one seller" (2). Based on the hadith:

عن سعيد بن المسيب يحدث أن معمرا قال قال رسول الله صلى الله عليه وسلم من احتكر فهو خاطئ

of Sa'id bin Musayyab he narrated: That Ma'mar, he said, "Messenger of God, said, 'He who hoard goods, then he sinned'" (Narrated by Muslim (1605), a clear monopoly is prohibited and is haraam , because such actions are driven by greed, greedy, greedy, and selfish at the expense of the people. it also shows that the culprit has a moral and mental low.

B. Legal Ihtikar

The scholars differed on ihtikar law, with the details as follows:

1.      Haram absolute (3) (not reserved for foodstuffs only), it is based on the words of the Prophet Muhammad:

من احتكر فهو خاطئ

Whoever hoards then he has sinned. (HR. Muslim 1605)

2.      Makruh unanimously, the reason that the Prophet relating to the prohibition is limited to the legal ihtikar Makruh course, because just as a warning to his people.

3.      Haram if the form of food alone, while in addition to groceries, then it is permissible, by reason of the above hadith narrated by Muslim, by continuing the history of the dhohirnya allow ihtikar other than foodstuffs, as well as the complete history, when the Prophet SAW said:

من احتكر فهو خاطئ فقيل لسعيد فإنك تحتكر قال سعيد إن معمرا الذي كان يحدث هذا الحديث كان يحتكر

Whoever hoards then he has sinned. Then Sa'id asked, "Why are you doing ihtikar?" Sa'id replied, "Truly Ma'mar who narrated this hadith has done ihtikar! ' (HR. Muslim 1605)

Imam Ibn Abd al-Bar said: "These two (Said bin Musayyab and Ma'mar (perowi hadith) only saves oil, since they understand that that is prohibited is specialized foodstuffs only when strictly necessary, and it is impossible for a noble friend who merowikan hadith of the Prophet and a tabi'in [noble] named Said bin Musayyab, after they narrate their ban last ihtikar menyelisihinya (this indicates that only foodstuffs that are prohibited only).

4.      Haram ihtikar disebagian single place, such as in the cities of Mecca and Medina, while elsewhere, then allowed ihtikar in it, it is because of Mecca and Medina are the two cities were limited in scope, so that if anyone did ihtikar one goods human, then their economies will be disrupted and they will find it difficult to get the needed goods, while other places are vast, if there are hoarding goods, it usually does not affect the human economy, so it is not prohibited ihtikar in it.

5.      Can ihtikar absolutely, they made the hadiths of the Prophet Muhammad who ordered people to buy groceries to take him to his residence before selling it back as dibolehkahnya ihtikar proposition, as in the hadith:

عن ابن عمر رضي الله عنهما قال رأيت الذين يشترون الطعام مجازفة على عهد رسول الله صلى الله عليه وسلم ينهون أن يبيعوه حتى يؤووه إلى رحالهم

From Ibn Umar r.a. He said: "I see people who buy groceries without weighed at the time of the Prophet SAW they are forbidden to sell it except to be transported to their residence in advance." (HR. Bukhari 2131 and Muslim 5/8)

Al-Haafiz Ibn Hajar al-Asqolani said:

"Imam Bukhari seems to postulate on bolehnya hoarding / ihtikar with (hadith), because the Prophet ordered the buyer of foodstuffs in order to carry them advance to their homes before reselling, and if ihtikar was prohibited, the Prophet SAW would not have ordered it . " (Fath al-Bari 4 / 439-440).

(5) Similarly, think about the time Prohibition ihtikar. There are scholars who forbid it mutlaku ihtikar every time, regardless of their past lean years with a surplus of food, based on the general nature of the prohibition against monopoly of hadith already past. This is the opinion of the Salaf group.

C. Equal Monopoly and Al-Ihtikar

The terminology that al-Ihtikar in the plains conceptually different from the monopoly, but when viewed from the plain factual has a lot in common, while the difference is a very thin one.

The equation is:

1.      Monopoly and al-ihtikar both have an element of unilateral interests (strong motivation) in playing the price (price maker).

2.      monopolist and al-ihtikar equally has the option to offer the goods to the market or not.

3.      Monopoly and Ihtikar can lead to polemics and dissatisfaction in society.

4.      Monopoly and ihtikar is one way to exploit the rich class (zulm) the poor.

While the difference between monopoly and ihtikar are:

1.      That monopoly occurs when a person has a substantial capital and can produce a particular good in the market needed by the community, while Ihtikar not only be done by the owners of big capital, but the middle class with a capital alakadarnya can do.

2.      A monopolist trends in economic activity and pricing follow the provisions of the government (the standard government regulation), whereas ihtikar where and when it can be done by anyone, because hoarding is very easy to do.

3.      To obtain the maximum profit, in ihtikar shortages and rising prices of goods going in time and tempo tentitif and sudden and may lead to inflation. While the monopoly price increases usually tends to be influenced by the high cost of production and the operations of a company although sometimes also affected by shortages.

4.      Practice monopoly is legal and even in certain countries dilindugi by law or the rules of a country, while ihtikar an economic activity that is illegal.

D. Criteria al-Ihtikar in Islam

1.      In this case the scholars argue, that the reference to the unlawful hoarding is that has the following criteria:

That the dumped goods is the excess of its needs, the following dependents to supply the full year. Because someone may hoard to supply himself and his family living in a grace period of one year.

2.      That the person waiting for the moment of mounting price of goods to sell at a higher price because people are in need of the goods to him.

3.      That accumulation is done at a time when humans desperately need hoarded goods, such as food, clothing and others. If the goods are in the hands of the traders are not required by the people, then it is not considered as a landfill, because it does not result in difficulty in humans. (Ali Abd ar-Rasul, 1980, 1980, and As-Sayyid Sabiq, 1981: 100)

Of the three conditions that, if analyzed aspects keharamannya it can be concluded that hoarding is forbidden is the excess of the purpose of himself and his family living in a period of one year. This means that if the hoarding of consumer goods to fill the needs of families and themselves within one year is not forbidden because it is reasonable steps to avoid financial hardship in times of famine or other economic crises. While the condition of hoarding, is arriving at a limit that complicate local residents to purchase goods simply because of the fact that buried in the landfill is not going to happen, except in circumstances of this kind. If if does not make it difficult for local people to buy them, then hoarding will not happen arbitrariness-handedness towards the goods that can be sold at a great price.

On this basis, the conditions of the occurrence of the landfill is not a purchase of goods. But just collecting the wait rising prices so they can sell them at a higher price. It said apart from the hoards of purchase as well as his produce wide while only he who has the kind of crops, or because of the scarcity of these plants. It could also be stockpiled for induustri-industry while he alone has the industry, or because of the scarcity of the industry as it has.

According to Yusuf al-Qaradawi hoarding was forbidden if it has the criteria of the following:
1. Do it somewhere where the population will suffer because the presence of the landfill.
2. The piling is done to raise prices so that people find it difficult and that he could profit doubled.  (Yusuf al-Qaradawi, 2000: 358)

E. Lessons Behind Prohibition Ihtikar

Imam Nawawi explains ihtikar wisdom of the prohibition is to prevent things that are difficult for humans in general, hence the scholars agree when some people have more food, while in persons being starved and no food except that of the men were in it, then it is obligatory for the person selling or giving away the free food to people so that no difficulty. Likewise, if there are hoards of other than foodstuffs (such as winter clothes and so on) so that human difficulties to get it, and endanger them, then it is forbidden in Islam (6).

Islam forbids the hoarding and prevent wealth from circulation. Islam is threatening those who hoard them with a painful punishment on the Day of Judgment. Allah wa Subhaanahu ta'aala says preformance letter At Tawbah verse 34-35:

والذين يكنزون الذهب والفضة ولا ينفقونها في سبيل الله فبشرهم بعذاب أليم (34) يوم يحمى عليها في نار جهنم فتكوى بها جباههم وجنوبهم وظهورهم هذا ما كنزتم لأنفسكم فذوقوا ما كنتم تكنزون (35)

"And those who hoard gold and silver and spend it not in the way of Allah: announce unto them (that they will get) a painful punishment. On the day of heated gold and silver was in hell Hell, and burned with their foreheads, stomach and their backs (and say to them): "This is your possession ye buried for yourselves, so taste now (due to) what you save that".
Treasure hoard means freezing it, hold it and keep it from circulation. In fact, if the property was included in productive ventures such as in production planning, it will create many new employment opportunities and reduce unemployment. New opportunities for this work could increase the income and purchasing power so that it can encourage increased production, either by making new plans and by expanding the existing plan. Thus, it will create a situation of economic growth and development in society.

Hoarding is the biggest obstacle in the regulation of competition in the Islamic market. In the international level, hoarding the biggest cause of the crisis experienced by humans now, which some rich countries and economically developed monopolize the production, trade, raw materials basic needs. In fact, these countries monopolize the purchase of raw materials from less developed countries monopolize penjulan economy and industrial commodities needed by countries earlier. That poses a great danger to justice the distribution of wealth and income at the world level.

CHAPTER III

COVER

CONCLUSION

Ihtikar means hoarding of goods that are circulating in the community is reduced, then the price goes up. Amassing earn huge profits, are being disadvantaged communities. The scholars differed on okum ihtikar have argued Haram absolute, absolute makruh, haram only when the form of food, unclean ihtikar disebagian single place, such as in the cities of Mecca and Medina and some are of the opinion that it should ihtiakar. While Monopoly with Ihtikar have in common and that is not much different.

Ihtikar in one goods of human needs, then their economies will be disrupted and they will find it difficult to get the needed goods, while other places are vast, if there were hoards of merchandise that do not affect the human economy, so it is not prohibited ihtikar in it. Hoarding is the biggest obstacle in the regulation of competition in the Islamic market. In the international level, hoarding the biggest cause of the crisis experienced by humans now.

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