Ihtikar Menurut Hukum Islam dan Hukum Positif

Abstract

This study aims to determine the concept of Ihtikar according to Islamic law
and positive law. The Islamic economic system prioritizes equality, opportunity
and equitable distribution of income. To achieve this equation, Islam prohibits
the practice of hoarding merchandise in economic activities, because it is an
oppression. This study uses the Library Research method (library research).
The results of this study, obtained two conclusions. First, the scholars of fiqh
both Malikiyah, Shafi'yah, and Hanabilah prohibit except Hanafiah which
imposes hoarding of merchandise, especially those related to foodstuffs and
staples for the general public, which can cause harm to the community's
economy, as well as in the positive law the prohibition of hoarding on when
there is a scarcity of basic and essential commodities, the concept of the law
allows stockpiling in the next three months not until scarcity occurs, it is
allowed to hoard to help public and private availability and production,
secondly, the similarities between the concept of Ihtikar according to Islamic
law and positive law are the same prohibits ihtikar actions when there is
scarcity of goods, the same prohibition on hoarding foodstuffs and staples of
the general public in general. The difference is in the provisions on the types of
goods that cannot be hoarded and the period allowed to hoard