CONCEPTS AKAD PRESFEKTIVE ISLAM

          Akad that is derived from the Arabic word ' meaning aqdi agreement. In fiqh sunnah, said the contract is defined relationships (ar rabtu) and agreement (al - intifaq). According to the contract terms are determined by the Engagement qabul consent under the provisions of Personality' which affects the object.

       Fiqh Muamalat distinguish wa'ad with contract. Wa'ad the promise one party with the other party, a party which binds only the parties which gave promise obliged to carry out its obligations, while the parties were given an appointment do not assume any liability . When the parties pledged not fulfill his promise, then the penalty is a moral sanction. While the agreement is a contract between two parties, who agree among themselves to carry out their obligations as agreed. Islamic law that most distinguishes engagement are important elements of the pledge (consent and Kabul), then there was a contract (engagement). Wa'ad supports several contract deals. With such a nature it is sometimes regarded as complementary wa'ad a contract.

Meaning ceremony Akad Tabarru and Akad Tijarah

a. Akad tabarru'

   Is agreement concerning the not-for profit transaction . for the purpose of helping each other do good parties do not require anything in return to the other party . However, those who do good may be asked to simply cover costs incurred to perform the contract tabarru 'is. But should not at all take profit. Akad tabarru' there are three namely :

1.      Lend money (Lending)

         Lend without requiring any qardh called . Furthermore, if the lending of money requires a guarantee called Rahn . While pinjamaan money to take over the debts of the other party is called hiwalah .

2.      provide services

         Divided into three namely services to do something on behalf of others is called power of attorney . When providing care or day care services called wadi'ah . Then kafalah where the guarantees given by the insurer to a third party to fulfill its obligations or both parties are covered .

3.      Giving something (Giving Something)

         Who belong to this group are grants, Endowments, charity, gifts.
Once the contract tabarru' agreed, should not be converted into tijarah contract unless there is an agreement both parties Conversely, if the contract has been agreed tijarah , tabarru be converted into a contract if the parties are willing melepasakn rights retained his rights.

b       b. Akad Tijarah

            Is an agreement to make a profit, Akad tabarru' of giving something or lend something (money or services). Based on the degree of certainty of the results obtained tijarah contract is divided into 2, namely:

1.      Natural Centainty Contracts (NCC)

      Where both sides exchanging its assets, objects of exchange ( goods or services ) are set at the beginning of the contract, NCC is divided into:

a)      Sale and purchase agreement

                                            i. Al - Ba'i naqdan ordinary sale and purchase agreement is made ​​in cash, goods and money exchanged for the same at the time of the transaction. 
                                         ii.   Al - Ba'i muajjal purchase is made ​​not in cash but through installments and the goods are delivered at the beginning of the period and the money made ​​in installments over a period of debt . 
                       iii. Murabahah is a sale in which the seller says is open to buyers with the advantage gained.

                                        iv. Salam is a sale and purchase of goods purchased where there is no market yet to be produced , the money handed over at once in the face while the goods are delivered at the end of the financing period.

                                          v. Istishna ' , the same as regards the payment for the contract goods are made ​​in installments over a period of financing (so not dilakuakn beginning).

b)  Rent contract (Ijara and IMBT) is an agreement to use the services, better services for goods or services for labor. When used to obtain the benefits of the goods referred to tenancy . Whereas if it is used to benefit the work , called the wage hired. But emerging innovations in Ijara , where the guarantor is possible to have an object ijarahnya at the end of the lending poriode called Ijarah Muntahia Bittamlik.

2.      Natural Uncertanly Contracts (NUC)

      In the NUC, the parties mutually mixing bertranssaksi assets ( both real and financial assets asssets ) . And then run the risk together for profit . NUC is included in the investment contract is an example of NUC muzara'ah Musharaka , musaqah , mukhabarah .
      Musharaka contract has 5 fariasi , namely muwafadhah, inan, Wujuh, Abdan, and mudaraba . In syirkah mufawadhah , the party capital of association mixing in equal amounts. While syirkah inan , the party mix in the amount of capital that is not the same. syirkah Wujuh , mixing occurs between the capital with a person's reputation. Syirkah Abdan where mixing occurs between the services or expertise that association. Furthermore syirkah mudaraba which mixing occurs between the capital with the services of the association. Musharaka addition, there is also an investment contract for the agricultural production sharing contract form that is applied to agricultural crops called muzara'ah . When bibtnya derived from landowners , called mukhabarah. While the form of production sharing contracts are applicable to annual agricultural crops called musaqat .

By : Siti Maghfirotul Ismaya

NIM : 11220002 ( Group 1 )