Mufti already state that buying and selling scoop bussiness is seen to have elements that are prohibited by shariah such as gharar (uncertainty), maisir (gambling) and denying the right of khiyar (choosing) to the buyer. Because of that, buying and scoop business is illegal according to Shariah. It is advised that the public does not get involved in this kind of buying and selling while traders should use sales methods that are free from elements that are prohibited by Shariah to ensure that the profit obtained is halal.
The words of Allah SWT:
وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَا ۚ
It means: "Even though God has made buying and selling (business) lawful and usury forbidden." Surah al-Baqarah (275) Imam al-Qurtubi explained that this wording of buying and selling is in a general form but at the same time it is also specific, that is except for usury and other things that are prohibited and prohibited by the Shariah
Therefore, in principle, all forms of buying and selling are obligatory, but they can turn into makruh or haram due to the existence of elements that are not allowed by shariah such as gharar (uncertainty), maisir (gambling) and so on in the transaction carried out. Therefore, we as Muslim individuals must stay away from transactions that contain all these unauthorized elements.
In Islam, buying and selling consists of three main pillars, namely:
1. Contracting parties (seller and buyer),
2. Pronunciation of contract (pronunciation of acceptance and acceptance) ,
3. Contracted object (goods and price)
The Prophet SAW also forbide buying and selling al-Gharar or buying and selling that contains an element of uncertainty.
The words of the Prophet SAW:
أَنَّ النَِّيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نَهَى عَنْ بَيْعِ الْحَصَةِ, وَعنْ بَيْعِ الْغَرَرِ
It means: "Indeed, the Messenger of Allah S.A.W forbade the sale and purchase of al-hashah (throwing stones) and the sale and purchase of gharar (obscurity)." Muslim History (1513)
As for buying and scoop business selling , it contains several elements that are prohibited by shariah, namely the elements of gharar (ambiguity) and maisir (gambling)
First: Element of gharar (Uncertainty)
This element exists in this transaction when there is uncertainty about the rate, value and also the type of goods received by the buyer as soon as the seller scoops up the mixed goods. In this case, there is uncertainty about what goods will be acquired during the sale and purchase contract.
Second: The element of maisir (Gambling)
Imam al-Mawardi has mentioned the definition of gambling, which is a competition that makes the parties involved inevitably win (take) or lose (hand over) the staked prize . So, if observed, this sale and purchase transaction contains elements of gambling where there is a profit and there is a loss. If the value of the scooped goods is still lower than the price paid by the buyer, then here the buyer is the party that suffers a loss.
This kind of buying and selling is seen to have an element of gambling because the goods sold are not clear and there is an act of denying the wishes of one of the parties.
Citing a passage from al-Fiqh al-Manhaji:
"Buying and selling that contains elements of gambling includes buying and selling that does not clearly state the goods being sold, or there is an act that denies the wishes of one of the parties.
RESOLUTION
-Religious Education:The responsible party need to promote awareness about the religious aspects related to scooping business within the Muslim community through educational campaigns.
-Community Engagement:Encourage community leaders to discuss the religious implications of scooping, fostering a collective understanding and commitment to avoiding such businesses.
-Alternative Opportunities: Every muslim need to highlight alternative business opportunities that align with Islamic principles.