Sunday, 1 January 2012

Ticket scalpers

Ustadz Erwandi Tarmidzi MA

In the dictionary of the Indonesian language, broker means any person who becomes an intermediary and provide services based on wages. Brokers can be equated with a broker or intermediary. In this case the ticket scalpers can be interpreted by an intermediary firm transportation service providers and service users.

The existence of middlemen are needed by the producer, owner of the goods or services to market their goods / services they have. And also very much needed by the buyers / users of services to provide accurate information so that the consumers can determine their choice of goods / services in accordance with the wishes and their budget.

Because the needs of the owner of the goods / services and consumers will service brokers then the existence of brokers has been known since long from the time of the Prophet and qurun mufaddhalah, professional brokers known as Dallal or simsaar. [1]

Their work at the time was chanting the name of the goods and sepesifikasinya so that the buyers coming into the venue to purchase the item they want. When finished shouting stuff, they get a reward from the owner of the goods for their work. [2]

On the basis of the need for legal services from brokers and Muamalat is permissible as long as there is no prohibition, then the broker profession is justified in Islam and the wages they earn is lawful. [3]

Legal permissibility brokers have been described by scholars: Imam Bukhari (d. 256H) said: "Chapter: Wage brokers. Ibn Sirrin, Atha, Ibrahim An-Nakha'i, Hasan Al-Basri allow brokers ceremony ... and Ibn Abas. "[4]

An-Nawawi (Shafi scholar died: 676H) said: "The wages paid by the owner of the goods brokers who asked him to sell the goods. [5]

An-Najdy (Hanbali school scholar died: 1392H) said: Wages paid by brokers pemilk goods, it is the custom prevailing in the market. [6]

But the reality in modern times in which these scalpers away from the familiar demands of Shari'a in their profession, often times they are in violation. This resulted to the destruction of the image of scalpers and brokers created the image that is identical to the attitude of coercion and fraud, including ticket scalpers at the terminals, ports and airports.

Here are some offenses that are often practiced by ticket scalpers.

1.Pemaksaan to prospective passengers to buy tickets
It has become a common sight in some inter-city bus terminal in the holiday season scalpers huddled close to the bus company who carry luggage bags that are expected to use one freight services.

Began to ask the purpose of the trip that sometimes pulling luggage and forcing passengers to use their transportation services.

When this happens, the prospective passenger transport companies purchase tickets in the state of half forced the actual contract of sale tickets are not valid, because there is an element of coercion [7], and the wages earned from his business brokers are not kosher.

Based on the word of God.

يا أيها الذين آمنوا لا تأكلوا أموالكم بينكم بالباطل إلا أن تكون تجارة عن تراض منكم

"O ye who believe, do not eat each other neighbor's property by way of vanity, except by way of trade prevailing consensual among you" [An-Nisa: 29]

Purpose as they liked in the above verse no element of coercion of one party. And if there is an element of coercion, money exchange goods and services, including eating someone else's property by yag vanity.

2.Tidak honest in providing information services transportation facilities.
In addition to half forcing passengers physically, often dishonest brokers provide information to prospective passengers, such as brokers when asked about the hours he informs bus departure will leave now, even though he knew that the new buses depart after two hours later.

Action brokers are ghissy (fraud) in the contract and is haraam, even the most expert of fiqh in a row puts ghissy great sin, for reasons including eating someone else's property by way of vanity. [8]

Prophet sallallaahu 'alaihi wa sallam said. : "Who do ghissy (fraud) in the contract, is not it includes My people" [Reported by Muslim]

The Prophet sallallaahu 'alaihi wa sallam also said. :

فإن صدقاوبينا بورك لهمافي بيعهما وإ ن كذبا وكتما فعسى أن يربحا ربحا ويمحقا بر كة بيعهما

"If the seller and the buyer honest and explain the defective goods / services necessary buy-sell agreement they are blessed. However, if both lie and hide the defects of goods / services removed blessing of their buy-sell agreement "[Bukhari and Muslim]

There is also another type of ticket scalpers, ticket brokers that trains and airplanes. They bought the ticket as much as possible before the holiday season. At maturity they wander in stations and airports to sell tickets.

Muamalat rule violations that are often violated by the brokers of this type, including;

a.Tindakan ticket scalpers to buy up part of public transportation including ihtikar.
Ihtikar is to buy something with a purpose hoard, this action would cause prices to rise and at that hoarders sell it at will, because buyers in extreme need of the goods he was forced to buy it.

This is done by ticket scalpers, he bought the ticket as much as possible in various ways, then sell higher than the official price sold by the company for service. Because the peak vacation season tickets are usually scarce and people really need to travel, the opportunity was used by brokers.

Ihtikar anathema to Islam. The Prophet sallallaahu 'alaihi wa sallam said:

من احتكر فهوخا طىء

"People who buy goods with the aim hoard is a sinner" [Reported by Muslim]

b.Harga ticket offered is very high
These brokers usually offer tickets far above the official price sold by the company. Because at the time the ticket expires, the prospective penummpang willing to buy it, even though they knew that they were deceived.

Actually, Islam allows a seller to take profit even reached 100% or even more.

As in the case narrated by Bukhari that the Messenger of Allaah wa sallam gave a dinar money to Urwah Agat he bought a goat to the Prophet sallallaahu 'alaihi wa sallam

So he went to the merchants who brought goats for sale in the market. He menawarnya and get 2 goats. On the way to the Prophet sallallaahu 'alaihi wa sallam, there was someone who offered a goat for $ 1 dinar menjualnnya then she began, then gave to the Prophet 1 plus 1 dinar goats

However, when profits are high due ihtikar yag then carried out by the trader who acquired illicit profit. [9]

Therefore, a different case if someone buys a train ticket, then he was unable to go and sell tickets at a price exceeding the official price, a profit is halal for him, because the price increase is not the result ihtikar.

From the above explanation can be concluded that basically brokers is lawful if he does not do the prohibitions, such as forcing the buyer, not truthful information, ihtikar and attract high profits.

Because the services of brokers associated with the basic need of the people it is proper authorities in this department of transportation for their discipline, as previously done the Prophet sallallaahu 'alaihi wa sallam directly examine a pile of grain traders in the market of Medina which was the lower part is not worth selling.

And if the ticket brokers find ihtkar case, let the authorities forced them to sell at normal price so as not to bring harm to the general public. [10]

Shaykh Ibn 'Uthaymeen, may Allaah have mercy said: "Sometimes the price increases caused by the act of hoarding of goods by traders .... At that time the authorities must set prices and force the hoarders to sell goods at normal prices plus a reasonable profit .... So that they are not persecuted and oppressed people banyakpun not "[11]

And Allaah knows best bishshawab
Riyadh, 28 Rajab 1432H

[Tirmidhi Erwandi Ustadz MA, is currently taking PhD in Jami'ah Al-Imam Muhammad bin Su'ud, Riyadh, KSA's leading universities. Copied from Muslim Entrepreneur Magazine Volume 19 Issue 2/Agustus 2011]

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