Assalamualaikum w.b.t everybody...
Hello everybody ?? how are you today ?? Let's say thanks to Allah because Allah still give us to live in this world with bless from Him for today.
Before i starting my writing today, i would like to ask you all, do you hear about Multi - Level Marketing(MLM) ?? Do you know what is MLM ?? What impact if you involve in MLM?? If you don't what is MLM, today i will share what is MLM based on my knowledge. I want to share about this because MLM is very popular today.
Generally 'Multi Level Marketing' is an alternative business related to marketing through many levels (tiers), commonly known as the 'Upline' (upstairs) and 'Downline' (level down), they will be called ' upline 'if a' downline '. The main staple of the MLM business is driven by the network, whether that is' vertical 'top down or' horizontal left-right or a combination of both.
Illegal forms of MLM or doubtful
There are several forms of MLM system that are clearly prohibited or hesitancy, which is when he uses the following system:
1) The high price of the ordinary: Selling a product that is bought and sold in MLM system with a much higher price than the usual price, it is strongly discouraged by Islam but according to some scholars, such aqad is void. As such, it is called 'Gabhnun Fahisyh' in the words of the scholars of Fiqh. Legal sales 'Ghabnun Fahisy' is distinguished by scholars between the need, makruh and haram. (Durar ḥukkām Fi Sharh al-Majallah al-Ahkam, no clause 356, p 369). How did the Prophet Muhammad SAW has indicated as an injustice if you happen to people who do not know the ins and outs of the price of goods. (Al-Qawaid, Ibn Rushd, p 601)
However keep in mind, in an MLM may be 3 or 4 elements and illegal doubtful that I will mention. This does not mean that I say only because of their illegal MLM element "Prices Higher than Normal", it was just one of the elements that need to be reviewed and may exacerbate the legal things that can fall MLM illegal because the level of fraud in certain other circumstances.
What I wanted to say 'Ghabnun' here is made in the form of fraudulent prices to the public, the price jacked as entry fees included in the pyramid system. For example I have been 'forced' to buy an MLM product. Because the back is very difficult to sell MLM concede, and I want it quickly ended her campaign with manners, then I buy the cheapest product, that is a very great pillow that said, it costs RM300 each. This is called 'Ghabnun', while the pillow is apparently no special directly after use. Then obviously the price is raised for its participation as a member and logged in the system. But I mute the expertise and did not move, buy only out of pity by the seller, known only.
This is exactly why I have the 'Ghabnun', these elements may not be strong enough to make it illegal, but it is one of the elements that affects aqad, this effect when he joined the doubtful elements of others, it may be illegal.
2) Personal purchase target as a condition of the commission: In addition to the fees to be paid by members, usually there are conditions that require the member reaches a certain purchase targets to be eligible to receive any commision from the sale of those under him. When he failed to reach the 'target price', the membership will be lost or no commission for him despite his subordinates are selling so much. All MLM involved with this kind of condition, causing their MLM system to be problematic from the point of Shariah because of the element of cruelty to a member other than the existence of conditional sale with conditions that do not favor members and repressive. As if the company forced him to say "you must buy or maintain personal sales of RM500 a month so that you have the right to commission your subordinates".
Basically, the commission has taken over the business of selling (such as 'brokerage fee') of an item is a must according to Shariah, it is a great scholar Muhammad Ibn Sirin Tabi'en like, 'Ato' Bin Abi Rabah, Ibrahim an-Nakha'ie and many more (Sahih Al-Bukhari, Al-Musannaf, 5/242; Mawahibul Jalil, 4/452). However, the commission in the case of MLM and piramdi system can be turned into syubhah when: -
* Tied sales commission to a sales network by it, it poses a problem from the point of Shariah as an element of coercion, unlawful in terms of representation and gambling. however, it may be required if there is a Shariah Advisor to fix it in accordance with aqad paid through. however, the majority of MLM companies do not have pensaihat Sharia to fix it, causing it to remain in syubhah.
* The commission came from the direct subordinates did not know because it was too far down. This makes the boss seemed to gain the upper hand without any effort again. It can also be classified as a real estate broker and so on. In the case of multiplicity of real estate commision chain, according to Prof. Sheikh Dr Abdul Sattar Abu Ghudda (Shariah experts in the field of Islamic finance in the world Fiqh Ulama Union World, AAOIFI, the Dow Jones Islamic Index and others) was included in the context of the taking of the property of others by falsehood than there are elements of gambling. This is because it seems to put a condition on all subordinates either their knowledge or not, all the sales they would have taken some profits for them.
3)If a registered member to join MLM with certain fees, but does not have any product to be traded, its business is to find the bawahanya (downline), every time he gets a new member, then given a percentage of the fee to the AHI. More and more new members means more bonus belongs. It is a form of usury for trafficking a sum of money to get some more money in the future. It's an Nasiah bentu Riba and Riba Al-Fadl. The same is also legal for MLM companies that do not have hard and quality products, instead of just a room of his web site that is not beneficial for most people, or any product that is used as an excuse to buy. In fact, the real price of the product is sometimes far from the price sold to members (eg computer web product sold, while the price is much higher and the members did not have a computer already). In fact, the experts not want to buy the product, but to join the network and earn money from it. It is also included in the banned. It is not right to buy the product with the main intention of entering the network and make a profit from this network has been outlawed by the Fatwa Committee of Al-Lajnah-Daa'imah Saudi Arabia no 15 / 192-193.
4) There is also a MLM company in selling their products to manipulate, or force the buyer to use the product or sell the goods illegally. MLM is so clearly prohibited. But not all MLM way, only in part only.
5) There are also elements like "shafqatayn fi shafqah", or bay'atayn fi bay'ah, (ie two aqad type of purchase in a) that is prohibited by the Prophet with a pronouncement of them: "
نهى رسول الله صلى الله عليه وسلم عن صفقتين في صفقة واحدة
Meaning: "Prophet Muhammad prohibited from making two purchases (aqad) in one agreement" (Narrated by Ahmad, Al-Bazzar, Al-Haithami: narrator Ahmad is thiqah; 4/84)
This occurs when there is some MLM company that opened its registration, each member has to pay a sum of money called a fee, can not be ascertained whether the fee is to buy a position in the network or buy products. At the same time, with the signing of expertise, it will also be a representative for the company to recruit new members, the MLM action like this, it might be included in the category of hadith: shafqatayn fi shafqah, or bay'atayn fi bay'ah. This is because, in this case, the person conducting the transaction has been calculated aqad Mu'awadat (financial swap contract rights) when buying products or become a member and at the same time in a kind of representative aqad again (to sell products that come next looking for new members), with specific commissions. So, this is clearly impractical as classified as the hadith above.
From the evidence above I hope that friends can assess what it is and what its legal consultant. So, my advice to all of your friends, wise in choosing a business that wants to undertake. do not just think profit alone but think whether the business is allowed by sharia or not. Life would not be a blessing if not according to the laws of Allah. May we be kept away from all things that are not allowed in Islamic Shari'a. aamiin.