KEABSAHAN JUAL BELI OLEH ANAK DIBAWAH UMUR MENURUT MADZHAB HANAFI DAN SYAFI’I

  • Abd Aziz FAI UNIVERSITAS HASYIM ASY’ARI TEBUIRENG, JOMBANG
  • Bahruddin FAI UNIVERSITAS HASYIM ASY’ARI TEBUIRENG, JOMBANG

Abstract

This article discusses the validity of buying and selling by
underage children according to Hanafi and Syafi'i. It is known that the
practice of it in Islam must meet the conditions that have been
determined, one of which is adult in thinking, with his own will, not
selfish, and adult in view (baligh). However, in practice there are many
traders who sell food or snacks to children who have not entered the age
of baligh (underage). Buying and selling by children who are underage in
Islamic law has been a difference of clerics' opinions, namely the Hanafi
considers that little children have not received a legal burden, whereas
the Syafi'i considers it illegitimate because underage children are
ineligible.

Keywords: Validity, Buying and Selling, Underage Children

Published
2019-07-02