PROHIBITED TRANSACTIONS IN CAPITAL MARKET
Transactions muamalah built on the
principle beneficiaries. Personality 'will not prohibit the transaction unless
there is a form of tyranny elements in it, such as usury, hoarding (ihtikar),
tadlis (fraud), maisyir, gharar, as described in the hadith of the Prophet:
عن جابر رضي
الله عنه قال: لعن رسول الله صلى الله عليه وسلم اكل الربا وموكله, وكاتبه,
وشاهديه, وقال: هم سواء ( رواه مسلم و بخاري )
From Jabir ra, he said: Allah cursed the eater of usury,
his deputy, the author and two witnesses. (Narrated by Bukhari and Muslim).
Types of transactions that are
prohibited in the capital markets, among others, there are some kinds of fraud,
market manipulation, and insider trading. Law No.18 of 1995 on the capital
markets is expressly prohibited transactions or securities trading activities
that contain elements of fraud, market manipulation, and insider trading. The
ban is designed to protect the interests of investors or public investors, as
well as to ensure that the process of securities trading can take place in an
honest and healthy so that public confidence in the Indonesian capital market
industry can be maintained and last a long time.
Referensi
Djuwaini, Dimiyauddin. 2008. Pengantar
Fiqih Muamalah. Yogyakarta: Pustaka Pelajar.
Serfianto, Hariyani Iswi. 2010. Buku Pintar
Hukum Bisnis Pasar Modal. Jakarta selatan: Transmedia Pustaka.
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