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AL-KAFI #1765: THE RULING OF SELLING BULUH PERINDU (BAMBUSA MAGICA)

 AlKafi 1765

 

Question:

Assalamualaikum. I would like to ask what is the ruling of selling buluh perindu on Facebook?

Brief Answer:

It is haram to sell buluh perindu online or even traditionally if the bamboo is used for the purpose of shirk like as amulet. However, if the bamboo is sold for other purposes like to make flute or ornament, then it is permissible.

Explanation:

Buluh perindu or its scientific name Bambusa Magica is a type of tiny bamboo that produces a sweet voice when blown by the wind. So, buluh perindu is always used as the flute. Besides, there is a Malay saying “Seperti bangsi buluh perindu” which means a sweet and soft voice.

However, in the context of Malay Malaysians, buluh perindu is very synonym with buluh perindu oil. Berita Harian news on 13th of September 2015 reported that buluh perindu oil and other types of oil are very synonym with the Malay community used as an amulet in business. This is because there is a belief that the spirit that existed in those objects like buluh perindu will help fast-selling their products.

The basis of the belief that an item may bring luck and fast-sell the business is shirk because people believe that there are other powers other than Allah. Therefore, shirk is considered a major sin.

The Prophet PBUH said:

أَكْبَرُ الْكَبَائِرِ الإِشْرَاكُ بِاللَّهِ

"The biggest of the great sins are: To join others in worship with Allah...”

Sahih al-Bukhari (6919)

The original ruling of sales and purchase is permissible as long as there are no elements causing it to be haram or violate the conditions and requisites of the sales and purchase. There is a legal maxim that states:

الأصل في المعاملات الإباحة

The original rule in contracts is permissibility (Refer Yasalunaka ’An al-Muamalat al-Maliyah al-Mu’asarah pg.85)

To ensure that the sales and purchase are valid, it must fulfil all conditions and requisites of sales and purchase like buyer, seller, ijab and qabul as well as the item in trade. For the item in trade, Imam al-Nawawi in his book al-Majmu’ Syarh al-Muhazzab states that an item which is sold must be pure, may be benefited, known, can be received and owned by the buyer.

وَشُرُوطُ الْمَبِيعِ خَمْسَةٌ أَنْ يَكُونَ طَاهِرًا مُنْتَفَعًا بِهِ مَعْلُومًا ومقدورا عَلَى تَسْلِيمِهِ مَمْلُوكًا لِمَنْ يَقَعُ الْعَقْدُ لَهُ

There are 5 conditions for the item in a sale which are pure, may be benefited, known, may be received and owned by a buyer in the contract (with the seller). (Refer al-Majmu’ Syarh al-Muhazzab 149/9)

Besides, there are fuqaha’ who said that among the conditions for items in the sale is not something prohibited by shara’ which implies the same meaning as mentioned by Imam al-Nawawi on that the item shall be pure and may be benefited. The prohibited items are items considered as najis like intoxicants, corpse, swine and items that lead to shirk.

مِنْ شُرُوطِ الْبَيْعِ، كَمَا يَقُول الْفُقَهَاءُ: أَنْ يَكُونَ الْمَبِيعُ غَيْرَ مَنْهِيٍّ عَنْهُ

Among the conditions of sales and purchase as stated by the fuqaha’: The item in the sale shall not be among those prohibited by shara’. (Refer Mawsu’ah Fiqhiyyah Kuwaitiyyah 140/3)

Sales and purchase of impure, najis and items prohibited by shara’ are haram in Islam. The Prophet PBUH said on the Day of the Conquest:

إِنَّ اللَّهَ وَرَسُولَهُ حَرَّمَ بَيْعَ الْخَمْرِ وَالْمَيْتَةِ وَالْخِنْزِيرِ وَالْأَصْنَامِ

"God and His Messenger have declared forbidden the sale of wine, animals which have died a natural death, swine and idols.”

Sahih al-Bukhari (2236) and Sahih Muslim (1581)

Ibn Batthal, Imam al-Nawawi and contemporary jurists when explaining this hadith states that the scholars decided on the prohibition of sales and purchase of items like idols because it is considered having the elements of shirk and this is considered as najis like corpse and intoxicants.

أجمعت الأمة على أنه لا يجوز بيع الميتة والأصنام، لأنه لا يحل الانتفاع بهما

The scholars have decided that it is haram to sell and purchase corpse and idols because it is not halal to be taken benefit from. (Refer Syarh Sahih Bukhari Ibn Batthal 360/6)

قَالَ الْقَاضِي تَضَمَّنَ هَذَا الْحَدِيثُ أن مالا يَحِلُّ أَكْلُهُ وَالِانْتِفَاعُ بِهِ لَا يَجُوزُ بَيْعُهُ وَلَا يَحِلُّ أَكْلُ ثَمَنِهِ

Al-Qadhi said that the content of this hadith means whatever not halal to be eaten and taken benefit from is prohibited to be sold or purchased and it is not halal to take its wages. (Refer al-Minhaj Syarh Sahih Muslim 8/11)

يُسْتَفَادُ مِنْ هَذَا الْحَدِيثِ تَحْرِيمُ بَيْعِ كُل آلَةٍ مُتَّخَذَةٍ لِلشِّرْكِ، عَلَى أَيِّ وَجْهٍ كَانَتْ، وَمِنْ أَيِّ نَوْعٍ كَانَتْ، صَنَمًا أَوْ وَثَنًا أَوْ صَلِيبًا، فَهَذِهِ كُلُّهَا يَجِبُ إِزَالَتُهَا وَإِعْدَامُهَا

The meaning from this hadith is the prohibition of sales and purchase of items used in shirk actions, whatever the intention might be and upon whichever the item is, be it a statue, idol or the cross. So, these all is wajib to be thrown away and banished. (Refer Mawsu’ah Fiqhiyyah Kuwaitiyyah 139/3)

The reason for the prohibition of sales and purchase of items with shirk elements is because shara’ considers it has no benefit as well as leads to shirk.

والعلة في تحريم بيع الأصنام كونها ليس فيها منفعة مباحة وأنها وسيلة من وسائل الشرك فيحرم بيعها

And the reason for the prohibition of selling and buying idols is because it has no permissible benefit and it leads to shirk. So, it is haram to sell and buy it. (Refer Fiqh Tajir Muslim pg.199)

Conclusion

We are of the opinion that the sales and purchase is haram if the bamboo is used for purposes related to shirk to Allah like as amulet for luck and fast-sell no matter through an online or normal transaction. This is because sales and purchase of items with shirk elements are prohibited. While if the bamboo is sold and purchased for non-shirk purposes like to make a flute or as an ornament, then the ruling is permissible.

We would also like to call the Muslims to avoid matters which may lead us to shirk whether by selling or buying because shirk is a major sin that calls the wrath of Allah. We also would like to advise the Muslims to always make sure our source of income is halal and free from any haram elements as stated.

Wallahu a’lam.

Bibliography

Ibn Batthal. 2003. Syarh Sahih Bukhari Ibn Batthal. Published by Maktabah al-Rusyd:Arab Saudi

Imam Nawawi. T.t. Al-Majmu’ Syar hal-Muhazzab. Published by Darul Fikir

Imam Nawawi. 1392h. al-Minhaj Syarh Sahih Muslim. Published by Dar Ihya’ al-Turath al-‘Arabiyy:Beirut

Mawsu’ah Fiqhiyyah al-Kuwaytiyyah

Hisamuddin Bin Musa. 2009. Yasalunaka ‘An al-Muamalat al-Maliyyah al-Mu’asarah. Published by al-Maktabah al-‘Ilmiyyah wa Dar al-Thoyyib lil Thaba’ah wa an-Nasyr: Baitul Maqdis

Hisamuddin Bin Musa. 2005. Fiqh Tajir Muslim. Published by al-Maktabah al-‘Ilmiyyah wa Dar al-Thoyyib lil Thaba’ah wa an-Nasyr: Baitul Maqdis

https://prpm.dbp.gov.my/Cari1?keyword=buluh+perindu.&d=287324

https://www.bharian.com.my/taxonomy/term/61/2015/09/81476/konsep-perniagaan-islam-utamakan-keberkatan

[1]https://prpm.dbp.gov.my/Cari1?keyword=buluh+perindu.&d=287324


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