Understanding Tenets

A. Understanding Tenets

 is part of Islamic law that governs the relationship between a person and another person. Examples include muamalah Islamic law, such as buying and selling, renting, and business banking and Islamic insurance.
From the definition muamalah have argued that concerns only muamalah and property rights issues arising from transactions between the person with another person or between a person and a legal entity or between legal entities and legal one another.

B. Principles of Economic Transactions in Islam


Economics is something related to the ideals and human effort to achieve prosperity, which is to get the satisfaction in meeting all their needs.
Economic transaction means an agreement or covenant in the economy, such as the sale and purchase, lease, cooperation in agriculture and trade. For example, buying and selling.
Explained that in every transaction there are some basic principles (the principles) applied Personality ', namely:
1. Each transaction is essentially binds people (parties) to a transaction, the transaction unless it deviates from Islamic rules', such as illicit trade goods. (See Q. S. Al-Mâ'idah, 5: 1!)
2. Terms and conditions of transactions designed and executed freely but responsibly, do not deviate from the law of Personality 'and civilized manners.
3. Each transaction is done voluntarily, without any coercion from any party. (See Q.S. An-Nisa '4: 29!)
4. Islam requires that each transaction, based on the good intentions and sincerity for Allah, so as to avoid any form of fraud, and so on. Hadith of the Prophet SAW said: "Prophet Muhammad forbade the sale of an element of fraud." (Muslim)
5. Custom or 'urf that does not deviate from the Personality', may be used to determine thresholds or criteria in the transaction. For example, in the lease contract.
God willing, if the principles of the Islamic economic transactions carried out, then the noble philosophical purpose of a transaction, the gain mardatillah (pleasure of Allah SWT) will be realized.

C. Application Transactions in Islamic Economics
1. Sale

a. Definition, Basic Law, and the Law of Sale and Purchase
Buying and selling is mutually binding agreement between the seller (ie, those who deliver / sell) and the buyer (as the payer / purchase of goods sold).
Buying and selling as a means of mutual help fellow human beings, have a basis in Islamic law from al-Qui'an and Hadith. Qur'anic verse which describes selling among others Surah Al-Baqarah, 2: 198 and 275 and Surah An-Nisa '4: 29.
b. Pillars and Conditions of Sale and Purchase
Pillars and terms of sale are the provisions of the sale which must be met in order to legally buy selling by Personality '(Islamic law).
• The person conducting the sale and purchase contract (seller and buyer).
Conditions that must be owned by the seller and the buyer are:
1) rational
2) Hero
3) The right to use his property
• Sigat or greeting granted consent and
Fiqh scholars agree that the key element in the sale and purchase is a willingness among sellers and buyers. Because it is the willingness of the heart, it must be realized through greeting consent (from the seller) and Kabul (from the buyer).
• Goods sold
The terms of the trade of goods, among others:
1) Goods sold something halal
2) Items that there is no benefit
3) The goods have in place, or do not exist but are available elsewhere
4) The goods belong to the seller or under his control
5) Goods ought to be known by the seller and the buyer clearly
• exchange of goods sold (in the modern era in the form of money)
The requirements for the exchange of goods sold is:
1) The sale price agreed upon the seller and buyer must clear the amount.
2) The exchange rate of the goods can be delivered at the time of sale and purchase transactions.
3) If the sale is done or Al-Muqayadah barter (exchange of goods sold and not in cash but in kind) and may not be exchanged for illicit goods.
c. Khiyar
Khiyar is the right pick for the seller and the buyer to continue or cancel the sale and bought it because of something, for example there are defects in the goods.
d. Types of sale
1) Buying and selling legitimate and prohibited the sale that met the pillars and its terms.
2) Buying and selling illicit and illegitimate (vanity) that the sale of one or all rukunnya not met or purchase it at the bottom and is not prescribed (adjusted to the teachings of Islam).
Example:
a) Sale and purchase of something that included unclean, such as carcass and pork.
b) Sale and purchase of livestock semen.
c) The sale and purchase of animals that are still in the belly parent (not yet born).
d) Sale and purchase that contains elements of fraud and deception.
3) Buying and selling valid but illicit (imperfect).
Due to other reasons such as:
a) Adverse the seller, the buyer, and others.
b) Difficult for the circulation of goods.
c) Adverse public interest.
Example:
1. Intercept the traders who will sell their goods to the city, and buy their goods at a very low price, then sell it in the city with a high price.
2. Buying and selling in order to be dumped, especially against vital goods.
3. Selling goods to be used by the buyer to commit adultery.
4) Offer something only goods with the intent to influence others to want to buy the bidding, while those who bid on the item was a friend of the seller (najsyi).
5) Monopoly is hoarding stuff that other people do not buy, even if the market price exceeds.
2. Savings and Loans

Pillars and terms of debts or borrowing, according to Islamic law are:
a. That berpiutang (who lent) and the debt (borrower), the condition is Hero and sensible.
b. Goods (money) are owed or dipinajmakan are the property of the lending legitimate.
3. IJARAH

a. Definition
Derived from Arabic which means salary or compensation.
Definition ijara by Shafi scholars are certain transactions of a benefit of the destination, is permissible and can be used with certain benefits.
b. Basic Law of Ijarah
Al-Qur'an as the basis of the law of ijara is QS Az-Zukhruf, 43: 32, At-Talaq, 65: 6 and Surat al-Qasas, 28: 26.
c. Types of Ijarah
1. Ijarah that are benefits, such as the lease.
2. Ijarah is a job which is a way to hire someone to do a job. Ex: seamstress, etc..
d. Pillars and Conditions Ijarah
1. Both the transactions (contract) has Hero and sensible.
2. Both sides they will be dealing with compliance (Surat an-Nisa '4: 29).
3. Goods to be leased (object ijara) known conditions and benefits by the tenant.
4. Ijarah objects can be submitted and used directly and without blemish.
5. Ijarah object is something permissible Personality '.
6. Things did not include an obligation leased to tenants.
7. Ijarah object is something that is rented.
8. Wage / rental in ijara transaction must be clear, specific, and something valuable treasure.
e. Nature of Agreement / Transaction Ijarah
Jumhur scholars have argued that the contract / Ijarah transaction is binding, unless there is a defect, or the goods can not be utilized.
f. Responsibility People who paid / salaried
Jurists agree if the objects are done in the hands of the workers is not damaged due to negligence, and no element of intent, the employee can not be sued for damages.
Seller services if you make a mistake so that the object being repaired damaged not due to negligence then according to Imam Abu Hanifah, Zufar Hudailbin bin Qais al-Kufi (d. 158 H/775 M), Hanbali and Shafi'i schools of scholars can not be prosecuted switch loss.
g. The end of the Ijarah Agreement
Will end if:
(1) The object of Ijarah lost / destroyed.
(2) They wear period agreed in the contract / ijara transaction.

Pillars of Ijarah is 4, namely:
a. People who berakad
b. Rent / reward
c. Benefit
d. Sigat / consent granted

D. Economic Cooperation in Islam
1. Syirkah

Syirkah means the company / partnership, the partnership between 2 people / older who agreed to cooperate in an effort, the benefits / results for their time together. (Q.S. Al-Mâ'idah, 5: 2)
Syirkah can be divided into two:
a. Syarikat treasure (Syarikat 'inan)
the contract of 2 people / more to bersyarikat / teamed on a specified property with the intent to make a profit. Conditions that must be met are:
• Sigat / pronunciation contract (agreement speech)
In the modern economic system was replaced in pronunciation notary public.
• Members of the Shari'a
o Hero, sensible, independent, and with his own.
• Principal or capital and jobs
In modern life forms Syarikat property can be stated as follows:
+ Firm: communion between two people / more to establish and run a company founded and financed by 2 person / over, in charge with the company.
+ CV (Commanditaire Venootschaf): an extension of the firm.
+ PT (Limited Liability Company): a form of corporate capital consists of stocks.
b. Syarikat work
is a combination of two or more people work together in a kind of job with the provisions of the work shared by all the members of the agreement.
Benefits:
a. Brotherly relationship.
b. Meets kebutuhandan Syarikat improve the welfare of all members.
c. Finish well great job that can not be done alone.
d. Maternity advancement of science and technology, culture and eco and defense.
2. Mudarabah

Or qirad: provision of capital from capital owners to someone who will trade capital provided that the profit and loss is shared according to the agreement between the two at the time of the contract.
Conditions:
a. Muqrid (owners of capital) and muqtarid (which runs the capital), is Hero, common sense, and honest.
b. Money / capital goods should be diketahuijumlahnya.
c. Type of business and the place should be agreed.
d. The amount of profit for muqrid and muqtarid, should be in accordance with the contract agreement.
e. Muqtarid should be honest and do not use without permission muqrid capital.
Wisdom:
a. Brought brotherhood and unity.
b. Reduce / eliminate unemployment.
c. Provide assistance to the poor to be able to live independently.
3. Muzara'ah, Mukharabah, and Musaqah

Landowners can utilize the land as follows:
a. Planted for the sake of the family and the wherewithal
b. Lend to the poor.
c. Worked through muzara'ah, mukharabah, and musaqah.
1) muzara'ah and Mukharabah
Muzara'ah: half of the result fields between the owner and the tenant, the seed of the owner.
Mukharabah: benig of tenants.
Conditions:
+ Hero owners and tenants, common sense, and honest.
+ Really been taken.
+ Specified length of cultivation.
+ The amount of half of the field for the voters and tiller determined by consensus.
+ Owners and tenants comply with the provisions.
2) Musaqah
He is half of the gardens between owners and tenants.
Conditions:
Realizing + brotherhood and mutual help.
+ Reduce and eliminate unemployment.
+ Maintain and improve the fertility of agricultural land.
+ Prevention efforts toward critical areas.
+ Preserving the natural beauty.
4. Islamic Banking System

Bank Islam: The main business of financial institutions providing credit and other services in payment traffic tailored to the principles of Islamic Sharia.
5. Islamic Insurance System

Insurance: the contract between the insurer and the bond something. (Q.S. Al-Mâ'idah, 5: 2)