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practice this is referred to as credit sale and sale, but
actually there are two contracts that are rent and buy.
Law concerning this contract, the Ulama Council of
the Kingdom of Saudi Arabia in Congress Majma' al-
Fiqh al-Islamy (OIC Fiqh Division) to conduct
research and studies on contract hire- purchase
(leasing), so in 1999 the Government issued a fatwa
that contract rent-buy the law is forbidden.
This is because in the lease transaction there are
merging of two different contracts and contradictory
to one item. The purchase contract requires the
transfer of goods and benefits to the purchaser's hand,
then at that time it is illegal to lease it to the buyer
because the goods he already owns, while the lease
contract only requires the transfer of the benefit of the
goods to the tenant's hands, not the transfer of
ownership. Also purchase contract requires the
dependence of goods sold and function to move into
the hands of the buyer, if the goods disappear, then
the buyer who bear the loss, not the seller. Whereas
in the lease contract, the liability of the goods is on
the owner of the goods (not the tenant), the loss of
goods is borne by the owner, unless there is
negligence from the tenant. In addition to the practice
of leasing, the rental price per year or per month,
when calculated to cover the selling price of goods,
whereas the seller consider it rent, and the ownership
has not been in the hands of the buyer, it is intended
that buyers (tenants) cannot sell to other parties.
Even on the practice of this lease transaction, if
the buyer is late to pay, will be fined. This point was
agreed upon by majority of ulama’ that is haram.
Because the payment of a late fine is included in riba
that Allah and His Messenger had forbidden.
However, in the case of X Travel Indonesia, X
Travel are not parties directly linked to the
transaction. In this case, X Travel is neither a seller
nor a buyer. X Travel only as payment service
provider, that meaning X Travel as a third party that
facilitate the buyer to do lease instalment to the seller.
In this case, it is still the polemics will it forbidden.
However, researchers believe that in this case the
law remains haram. Based on Hadith narrated by Jabir
ibn Abdillah: "The Messenger of Allah cursed those
who consumed the riba, which gave riba, the author
of the riba transaction, and his two witnesses. They
are all the same." (Hadith Sahih Muslim). So in this
case, X Travel Indonesia is prohibited from selling,
accepting, or facilitating lease payments. For all
parties involved in the riba transaction, whether who
consumed of riba, which gave riba, the author of its
transaction, even until the witness, said the Prophet
all the same exposed to the sin of riba. Therefore,
there are several solutions that the researcher offers in
the recommendation.
2. Products/Services are accessible online 24 hours’
real time, so there is no market monopoly
practice.
Islam forbids monopoly. The existence of a ban
on monopolizing the market or accumulating this
wealth because basically the treasure is a deposit of
God that must always be distributed fairly. What is
meant by the monopoly here is to keep goods from
circulating in the market so as to make their prices
soar (Qardhawi, 2001).
One of the causes of the emergence of
monopolistic practices is due to the lack of
information disclosure on the availability of products
in the market, so the sellers/agents can freely
stockpile and practice monopoly.
In X Travel Indonesia, its products and services
are in the form of services and can be accessed by
anyone who joined as their partner online and real
time 24 hours through website of X Travel system. So
it is not possible to monopoly or practice ikhtikar
(hoard wealth) in it. For example, on airline ticket
products, the online system at X Travel is integrated
with the airline system, so partners and X Travel
customers can monitor the availability of seats
directly in the system. In addition, the check-in
process at the airport that requires passengers to use
ID cards, driver's license or Passport, makes it
impossible to currently apply the practice of hoarding
plane tickets.
3. Provide umrah and hajj packages in order to
serve the Moslem needs of worship.
A Muslim must believe that every activity in the
world will be held accountable by God later in the
hereafter, including business activities or buying and
selling.
The directors of X Travel Indonesia also believe
that this business is closely related to life in the
hereafter. Whatever our activity is all will be held
accountable in the sight of Allah later on the Day of
Judgment, as well as on this business activity. So in
the field of production, X Travel Indonesia is
different from the Online Travel Agent in general that
only provide ticketing, hotel, and PPOB only, but X
Travel Indonesia also provides umrah and hajj
packages in order to serve the needs of worship of the
Muslims.
In addition, according to X Travel directors, the
purpose of providing various facilities and services is
actually intended to be a solution, provide benefits,
and facilitate the community to meet their needs. The
hope is with this business activity get blessing and
grab God's grateful.
Implementation of the Principle of Unity in Business Activities Company
167