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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