Business and Consumer Protection in Islam.
Modern business is a very complex reality. Many factors influence and determine the business activity. Among other organizational factors managerial, scientific technological and socio-cultural-political, the business complexity of social activities, business with the complexities of modern society. For social events, business in many ways intertwined with the complexities of modern society. All the factors that make up the complexities of modern business has been frequently studied and analyzed through a scientific approach, especially in economics and management theory (K. Bertens: 2000).
In the myth of modern business business people are required to be professional people in his field. They have the skills and business skills beyond the average person, he should be able to show that performance is above average business performance amateur. What’s interesting is not only about the performance aspects of the business, managerial, and technical organizations alone but also about the ethical aspects.
Performance becomes prasarat business success also involves a moral commitment, moral integrity, discipline, loyalty, unity of moral vision, service, attitude give priority to quality, respect for rights and interests of relevant parties concerned (stakeholders), which over time will develop into a business ethics in a company. Conduct an honest Prophet transparent and generous in doing business practice is the key to success in managing the business Khodijah ra, is a concrete example of the morals and ethics in business. (Http://uika-bogor. ac. d/doc/public/etika% 20bisnis% 20islam. pdf)
If we trace the history, the religion of Islam seems a favorable view of trade and economic activity. Prophet Muhammad was a merchant, and the religion of Islam spread primarily through the Muslim traders. In the Qur’an there is a warning against the misuse of wealth, but not prohibited from seeking wealth by lawful means (QS: 2; 275) “Allah has made trade and prohibits usury. ” Islam puts trading activity in a very strategic position in the center of human activity seek sustenance and livelihood.
This can be seen in the words of the Prophet Muhammad: “Pay attention by all your trade, real commercial world it is nine out of ten the door of sustenance. ” Dawam Rahardjo precisely suspect Weber thesis on ethics of Protestantism, which cites business activities as a human responsibility to God quoting from Islamic teachings. The following business activities that are prohibited in sharia: 1. Avoiding business transaction that is forbidden in Islam. A Muslim must be committed to interact with things that are made lawful by Allah SWT.
A Muslim businessman should not be doing business in the things forbidden by sharia. And a Muslim businessman claimed to always do the good business and society. Business, food is not halal or kosher not contain ingredients, liquor, drugs, prostitution or all of which relate to the world of sparkling like night clubs discotic cafe where mixing of men and women accompanied by a stomping songs, treats and drinks and the food is not kosher Other (QS: Al-A’raf; 32. QS: Al Maidah; 100) is a business activity that is forbidden. 2. Avoiding how to obtain and use property is not kosher.
The practice of usury is miserable to be avoided, Islam prohibits usury with severe threats (QS: Al-Baqara, 275-279), while speculative transactions are very closely related to the business that is not transparent such as gambling, fraud, violated the trust so it will most likely harm. Hoarding of money to turn off the function to be enjoyed by others and the narrow space of business and economic activity is a disgraceful act and being rewarded to the most severe (Sura: At-Tauba: 34-35). Redundant and a waste of money for purposes that are not useful and dissipate all the excesses.
All properties are prohibited because it is a trait that is not wise in the use of property and contrary to the commandment of God (Surah: Al A’raf; 31). 3. Unfair competition is denounced by God as mentioned in the Quran surat Al-Baqarah: 188: “Do not you eat some of the treasure of you in a falsehood. ” Monopoly also includes unfair competition Prophet denounced the act was: “Whoever is doing then he is guilty of monopoly”, “A wholesaler was given sustenance by God as for someone who did that accursed monopoly. Monopoly done to gain market control by preventing the other players to compete in various ways, often in ways that are not laudable goal is to memahalkan price for these entrepreneurs have a huge advantage. Prophet said: “Someone who intentionally do something to memahalkan price, Allah will promise to the throne made from the Fire later in the day of Judgement. ” 4. Forgery and fraud, Islam strictly prohibits falsifying and deceptive because it can cause harm, injustice, and can lead to hostility and strife.
Allah says in Surah: Al-Isra: 35: “And full measure when ye measure, and weigh with a right balance. ” The Prophet said: “If you sell it you shall not deceive people with sweet words. ” In the modern business at least we see in ways not commendable by some businessmen in its product offering, which is forbidden in Islam. In essence, the consumer contains a very broad sense, as expressed President of the United States, John F. Kennedy, “Consumers by definition include us all” (By definition, all of us including the consumer). (Shidarta, 2000: 2).
Consumer Protection Act No. 8, 1999 Chapter I, article 1, number 2, the consumer defines as, “Every person users of goods or services that are available in the community, both for the interests of self, family, others, as well as other creatures and not for trading”. (Government of the Republic of Indonesia, 1999: 5) Consumers in the economic laws of Islam are not limited to those SAJ war, but also includes a legal entity (al-syakhshiyyat al-ma’nawawiyyah), such as endowments or foundations of certain companies and institutions.
Islamic economic laws there is no difference between the end user with a medium user. Muslim jurists did not distinguish between goods kondumsi property, goods production, and intermediary goods, as contained in the general economics. This brings the influences on consumer definitions that must be protected in Islam because in Islam, including consumer goods all users, whether the goods were used directly, so exhausted, used as a tool for intermediaries to further prosuksi justice belongs to everyone, whether he is domiciled as individuals, groups or the public.
Advances in technology and the development of economy and perdangangan volume demanding extra supervision of the risks that might arise from the use of certain products. Poor environmental conditions caused by business actors in general, should also get serious attention because every living being is a consumer of the environment. Muhammad, 2004: 180) In Islam there are five things that must be kept kemaslahatannya become key objective of sharia (al-necessities al-repertoire), the religion (al-din), reason (al-‘aql), descent (an-NASL), and property ( al-mal), while some Islamic jurists there is also adding to the al-‘ardh (honor), but according to honor the author is already covered in the custody of al nafs (soul).
When associated with the risk caused by defective products or irresponsibility of a product, the main objectives of the fifth yag more focused on guarding the soul, mind and wealth. Muhammad, 2004: 181) However, if the risk of such usage caused by “negligence” of producers, then this should be linked also with the theory of liability contained in this kejahatab jinayah in Islamic Jurisprudence. In theory the responsibility of Islamic Jurisprudence crime, crimes and violations that occur on human rights can not be invalidated by reason of mistake, not intentional acts. Therefore, the perpetrators of these acts must bear the loss of property or life with fines that have been determined shari’ah.