Namna sita za riba
Maswali:
Suali la Ayn Alhak
Assalam Alaikum Wa Rahmatullahi Wa Barakaatuhu Mheshimiwa Sheikh wetu, Mwenyezi Mungu aw akuwezeshe na akupe ushindi kutoka kwake na akujaalie Hizb (chama) na Ummah
Ninalo swali kuhusu kuuza tende katika hali ambapo zitakuwa zinapatikana katika namna saba zilizotajwa katika Hadith inayoongelea Mabadilishano (Mubaadalah). Je, inajuzu kuuza tende kwa Dirham kwa ahadi ya kulipwa baadae? Ninamaanisha iwapo nitataka kununua kilo moja ya tende kisha nikalipa gharama yake baadae? Tafadhali tufaidishe kwa kupata elimu na in shaa Allah Mwenyezi Mungu atakulipa yaliyo bora zaidi.
Suali la Zakaria Karimeh:
Mwenyezi Mungu Mtukufu akubariki ila nivipi kuhusu kuchelewesha malipo kwakulipa kidogokidogo (kulipa kwa awamu) Je inaruhusiwa iwapo Dhahabu imenunuliwa kwa fedha ya karatasi?
Suali la Ayman Alfjjary:
Niipi tofauti baina ya Dhahabu kama deni (na nikwanini ni Haram) na baina ya mkopo ambao ni mubaha kwa mujibu wa kilicho semwa katika kipengele cha mada kuhusu Riba na kubadilishana (Sarf) katika nidham mfumo wa uchumi wa kiislam?
Swali la Hisham Is’efan:
Assalam alaykum Sheikh wetu na Amir wetu….salam za upendo kwako…hadithi ifuatayo imetajwa katika kitabu Nidhamu ya uchumi ya kiislam katika chapta/sura/mlango wa Riba na Mabadilishano ukurasa wa 259 (chapa ya kiingereza)
“Dhahabu kwa dhahabu, fedha kwa fedha, ngano kwa ngano, kwa , tende kwa tende na chumvi kwa chumvi….” hadi mwisho wa Hadith. Swali langu ni, na Allah sw akubariki…. Je vyakula hivi vinne vilivyotajwa wazi katika Hadith hii vina hukmu sawa na kama ilivyo namna ya dhahabu na fedha katika kuuza na kununua? Yaani kwa mfano, inajuzu kwangu kuchukua kama deni kiloba/kipolo cha ngano hali yakuwa kumbukumbu iliwekwa kwa thamani/bei yake?. Au kuna tofauti yoyote katika pesa hizi mbili na baina ya vyakula hivi vilivyotajwa katika Hadith? Na je, vitu vikisha pitia kiwandani ni tofauti na vikiwa ghafi? Samahani kwa urefu wa swali na Mwenyezi Mungu akupe Baraka zake, na Assalam Alayku Warahmatullah.
Jawabu:
Wa Alaikum Assalaam Wa Rahmatullah Wa Barakaatuhu,
Maswali yenu mane yanafanana na kwaajilihiyo basi tuta yajibu kwa namna ya swali moja tukizingatia zaidi katika katika Riba ilivyo katika namna ya mali sita: Dhahabu, Fedha, Ngano, , Tende na Chumvi, na wala siosaba kama ilivyo tajwa katika swali la kwanza.
Jawabu kwa maswali haya nikama ifuatavyo:
- Mtume wa Mwenyezi Mungu saw amesema…… “Dhahabu kwa dhahabu, fedha kwa fedha, ngano kwa ngano, kwa , tende kwa tende na chumvi kwa chumvi; kila kitu kwa kama chenye kufanana nacho, kipimo kwa kipimo, na kiganja kwa kiganja (yaani, hapohapo) na iwapo vinatofautiana uzeni kwanamna mnayopenda, iwapo ni mkono kwa mkono”. Imesimuliwa na Al-Bukhaar na Muslim kupitia kwa Ubaadah Bin As-Saamit radhi za Allah ziwe juu yake.
Matini/hadithi hii ipo wazi katika hali ambapo kutatokea tofauti ya riba kwa misingi ya aina kama biashara itakavyokuwa kama mtakavyotaka ikiwa na maana kwamba sio hukmu ya wajibu kwayo kuwa kitu kwa kinacho fanana nacho japokuwa kumiliki ni hukmu (muuzaji amiki anacho uza). Na matamshi (lafdh) ‘Al-Asnaaf’ (aina) imetamkwa katika namna ya jumla (Amm) ikihusisha aina zote sita za riba. Hakuna kilichoachwa katika hili isipokuwa kama kuna dalil na katika hali ya kukosekana dalili basi hukmu ni mubaha kwa kubadilishana ngano kwa , au ngano kwa dhahabu, au kwa fedha, au tende kwa chumvi, tende kwa dhahabu au chumvi kwa fedha, na kadhalika. Ni mubaha kubadilishana kwa namna hii bila kujali tofauti ya kiwango cha kubadilika kwa thamani ya kubadilishana au bei mradi tu iwe ni mkono kwa mkono (hapo kwa hapo) na wala isiwe kwa mtindo wa kukopeshana. Kinacho fanyika kwa dhahabu na fedha ndio pia huswihi kwa pesa ya karatasi kwa kuwa vyote vina illah (hoja) ya pamoja, nayo ni ‘Naqdiyah’ (kutumika kama pesa) pale ambapo hutumika kama bei na kwa malipo (mshahara).
- Kulikuwa na kutojumuishwa baadhi ya vitu katika uwajibu wa kuchukua umiliki wakati wa biashara kwa misingi ya makundi ya Riba ikiwa katika Rahn (makubaliano ya kutunza mali) pindi inapo nunuliwa mali ya namna nne: ngano, kwa nyakati tofauti tofauti na alimpa ngao ya chuma kama dhamana/rehani”. Hii inamaana kwamba Mtume saw alinunua chakula kwa kuchukua deni japokuwa hili lilifanyika kwa namna ya rehani. Chakula chao katika zama zile kilikua kinatokana na namna ya Riba. Na hii sawa na kilichotajwa katika hadith “Chakula kwa chakula, kitu kwa mfano wake na chakula chetu kwa wakati ule kilikuwa ” kama ilivyopokewa na Ahmad na Muslim kupitia kwa Mua’mmar Bin Abdullah. Hivyo basi ni mubaha kununua vilivyo katika makundi haya ya Riba kwa njia ya deni/kukopa iwapo kuna kilicho achwa rehani na muuzaji hadi atapo leta gharama.
3.Iwapo mkopeshaji na mdaiwa/aliyekopeshwa wana maamiliano mema, hawanashaka baina yao basi hakutakuwa na haja yakuwepo suala la rehan. Dalil ya hilo ni kauli Yake SW Na iwapo mpo safarini na hamuwezi kupata mwandishi, basi kiwekwe kitu rehani. Na iwapo mmmoja kamuamini/ kampa dhamana mwingine Yule aliye pewa dhamana aoneshe uaminifu, na amche Allah SW”. (2:283)
Ayah hii tukufu inatueleza kwamba kuweka dhamana/rehani kwa deni wakati watu wapo safarini hufanyika bila rehani iwapo mkopeshaji na mkopeshwaji wanaaminiana. Hii inahusu tu rehan katika ununuzi kwa njia ya deni kwa aina za makundi mane ya Riba: ngano, , chumvi na tende. Na hiyo nikama Mwenyezi Mungu SW anavyosema: “Na iwapo mmojawenu ana muamini mwenzake”
Hii dalili yake ipowazi hapa na katika suala la kuhusu kuweka rehani, haihitajiki tena hapa.
4). Hivyobasi ni mubaha kununua namna za makundi manne ya Riba; ngano, shayiri, tende na chumvi kwa pesa kama deni bila ya kuwepo au kukiwepo na rehan kwa malipo ya deni katika mazingira ambapo muuzaji na mnunuzi hawatiliani shaka,wapo na amani kwa kuaminiana mambo yao…. Kwa hali hizi mbili, kununua katika namna hizi mbili ni mubaha. Ina maana kwamba chumvi ambayo umeulizia kuinunua kwa deni/kukopa ni mubaha kwa kuzingatia aya hii tukufu: “Na iwapo mna aminiana”.
Katika chimbua na kupima kwangu hii ndio nimeona kuwa ni hoja yenye nguvu kwa suala hili, na hakika Mwenyezi Mungu ndiye mjuzi zaidi na ni Mwenye Hekma.
5).Nimuhimu kufahamu kwamba kauli ifuatayo imo katika maelezo ya Sahih Al-Bukhaar ya Ibn Battaal katika mlango “kununua chakula kwa kuchelewesha malipo (kulipa baadae)”: “hawakutofautiana miongoni mwa wataalam juu ya kwamba ni mubaha kununua chakula kwa bei maalum (inayo julikana) kwa muda maalum (unao julikana kwa malipo)”.
Vilevile imetajwa katika kitabu; ‘Al-Fiqh ‘Alaa Al-Madhaahib Al-Arba’a’cha Al-Juzairi kuhusu kununua aina hizi za namna za Riba, kwamba: “Na ikiwa kwamba mojawapo ya namna ya kubadilisha/kuuziana ni pesa na nyingine ni chakula basi ina faa kuchelewa (katika kulipa kwake)”
Alafu pia ilitajwa katika ‘Al-Mughni’ cha Ibn Qudamah al-Maqdisi alipokuwa akijadili juu ya kuharamishwa kwa biashara ya namna nne kwa nyingine kwa kukopesha/ kwa deni…. Akasema: “Nitofauti na iwapo namna hizi nne zitauzwa kwa dirham au vipimo vya vitu vingine kwa kukopa basi inahitajika dhamana/rehani iwepo”.
Hitimisho:
1) Ni mubaha kufanya biashara ya ngano, shayiri, tende na chumvi kwa pesa au kwa kukopesha kwa rehan ya kulipa deni au bila ya kuwepo kwa rehan iwapo muuzaji na mnunuaji wapo katika salama na wana amianiana ….ila katika namna iliyo nje ya halihizi mbili haijuzu.
2) Kununua dhahabu kwa mkopo haijuzu kamwe iwe pesa iliyokubaliwa ni dhahabu au noti au iwe malipo kwa awamu katika hali ya kwamba sehemu ya malipo yamefanyika hapohapo na yaliyobaki yaka gawanywa kulipwa kwa awamu….. kwa hali hii ya mwisho ya kulipa sehemu ya gharama/ bei mwanzo, kisha kilicho cha kufaa kuangaliwa kwa munasaba wa biashara ya dhahabu ni kwamba iwapo gharama zake zimelipwa maramoja zote; yaani mwanzo katika mkupuo wa awamu ya kwanza tu. Lakini kwa malipo ya kilichobaki katika gharama kwa kulipwa kwa awamu basi biashara ya namna hii haifai….
Lakini ikitokea kwamba awamu zote malipo yalicheleweshwa ambapo hakuna yoyote iliyo kamilishwa maramoja basi biashara ote kwa ujumla wake haifai kutokana na kutekeleza dalili za kubadilishana mali zilizo katika makundi haya ya Riba juu yake.
3) Kuhusu kukopesha dhahabu, fedha, pesa na vingine katika makundi ya Riba; ni mubaha kwa masharti maalum nayo ni kwamba kusipatikane faida yoyote na hii nikwa sababu inatofautiana na biashara na kubadilishana japo kuwa kimuonekano huonekanwa kufanana. Inakuwa hivi kwasababu biashara na kubadilishana hujumuisha mbadilishano wa pesa kwa pesa ya namna yake au ya namna nyingine tofauti. Ila kwa mkopo ina maana utoaji wa pesa kwa mwingine na kisha kuipokea kutoka kwake baadae kama ilivyokuwa ( bila mabadiliko). Mkopo huchukuliwa kwa namna ya huruma na upendo na dalil/ushahid wake ni tofauti na dalil za biashara na dalili za biashara ya vitu vilivyokatika makundi ya Riba haitumik kwa hivi ilikufanya iwe haram kama biashara ya dhahabu kwa mkopo…. Bali kunadalili ya kuonesha kuwa ni mubaha kama ilivyo nukuliwa katika Muslim akichukua kutoka kwa Abu Rafi’: “Kwamba Mtume SAW alichukua ngamia mdogo (umri chini ya miaka 6) kutoka kwa bwana mmoja kama mkopo. Kisha akaletewa ngamia wengi miongoni mwa ngamia wa sadaqah. Basi alimtaka Abu Rafi’ amrejeshee Yule bwana ngamia mdogo (ikiwa ni ulipaji wa deni). Abu Rafi’ ali mrejesha ngamia kwa Yule bwana na akasema: sikuona miongoni mwao bali ngamia walio bora wa umri zaidi ya miaka sita. Mtume saw akasema: “Mpe huyo huyobwana kwani katika watu walio bora niwale wanaolipa madeni yao”
Pia Ibn Hibban anasimulia kutoka kwa Ibn Mas’oud ra kwamba Mtume saw amesema: “Hakuna muislam ambaye atampa mkopo muislam mara mbili bali itakuwa kama sadaqqah (maramoja)” na Mtume saw alikuwa akikopa.
Ndugu yenu,
Ata Bin Khalil Abu Al-Rashtah
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