Franchise or Franchise Perspective of Islamic Law

Nama : Muhammad Riris El Yusi
NIM   : 11220026


       To create a franchise system is un-Islamic, Islamic value system as a necessary moral filter business that aims to avoid distortions business ( moral hazard ) , ie Maysir ( speculation ) , immoral , Gharar ( deception ) , Haram , Riba , Ikhtikar ( hoarding / monopoly ) , dharar ( dangerous ) .
      When considered from the point of agreement form which held the franchise ( franchise ) can be stated that the agreement was actually a development of forms of cooperation ( syirkah ) . This is because with the franchise agreement , it automatically between franchisor and franchisee formed a cooperative relationship for a certain time ( in accordance with the agreement ) . The cooperation is intended to benefit for both parties . In the franchisee applied the principles of openness and caution , this is in accordance with the principles of Islamic transactions in the gharar ( uncertainty ) .
While syirkah itself is divided into three forms , namely :
1 ) Syirkah ibahah , the fellowship allowed the right of everyone to enjoy the benefits of something that does not exist under the rule of one .
2 ) Syirkah Amlak ( property ) , which is an alliance between two or more people to have an object .
3 ) Syirkah contract , which is an alliance between two or more persons arising with the agreement . . Syirkah contract is divided into four ( 4 ) , namely :
a) Syirkah Amwal , which is an alliance between two or more people in the capital / property .
b ) Syirkah a'mal , the treaty of alliance between two or more people to accept jobs from a third party that will be undertaken jointly with the wage provisions are divided into two .
c ) Syirkah Wujuh , which is an alliance between two or more people with capital assets from outside parties
d ) Syirkah mudaraba , the partnership ( partnership ) between power and wealth , a ( supplier ) gave his property to another party ( the manager ) which is used for business , provided that the profit ( profit ) earned will be divided by agreement of both parties .
       This franchise also has considerable benefits play a role in increasing small business development . In terms of this franchise kemashlahatan also be positive so that it can be justified according to Islamic law . There are some indications above stating that outline the franchise system transactions permitted by Islamic law . Because the franchise agreement , including the form ( syirkah ) which side gives special rights and powers to the recipient . Franchising is a reciprocal agreement , because the franchisor ( the franchisor ) and franchisees ( franchisees ) are both berkewajiabn to meet certain achievement . After a lengthy explanation about the franchise above , there are similarities and differences franchise according to Islamic law and positive law .
       Similarly, the First , the franchise is cooperation ( syirkah ) mutual benefit , meaning it can be said franchise categories of syirkah in Islamic law . Second , there is an achievement for the franchisee , it is the same as mudaraba syirkah muqayyadah . Third , there are goods , services and personnel comply with one syirkah . Fourth , there are 2 people or more to a transaction , agreement , certain terms , written ( recorded ) and by specific causes in accordance with contract terms , particularly syirkah mudaraba .
        The difference lies in , first , dalah syirkah mudaraba , capital must be in the form of money , goods should not . While the franchise may be assisted by the franchisor capital good money , goods or professionals . Second , there is the franchise cooperation in the field of intellectual property rights ( IPR ) , which is a trademark . And in Islamic law that includes syirkah Amlak ( property rights ) .
Third , do not bolehnya cooperation in selling illicit goods , while the positive law there is no restriction to it , eg transaction unclean and heady stuff , like pork and alcohol .

Referensi:

Budi Utomo, Setiawan.  Fiqih Aktual. Jakarta: Gema Insani, 2003.