According to syafi’i antonio hawalah was a diversion from a person who owes a debt to another person who is obliged to pay for it ( means that there is one party that guarantees debt other parties. According to syafi i antonio the advantage that is gained if we wear a mechanism hawalah in an age of contemporary currently is it enables the settlement of a debt and shifting rapidly and stimultan, availability of bailout funds for the grant needed, can become one of fee-based income or a source of income non financing for syariah banks.
According to wahbah zuhaili hawalah is shifting of the debt burden of muhil ( a person who owes ) being a dependent muhal alaih or one who is required to pay a debt. According to wahbah zuhaili hiwalah can used in credit card by ingesting charge. According to wahbah zuhaili who cites of the al-inayah defining hiwalah as displacement debt than tanggunagn ashil ( muhil ) to muhal alaih ( person responsible after hiwalah )
Sayid Sabiq gives the following definition of hiwalah Hiwalah was moved from debt dependent people who move (al-muhil) to a dependent person that dipindahi debt (muhal alaih)
Fuqaha argue that hawalah ( displacement debts ) is a muamalah looked approval both sides required, fuqaha who puts notch one who receives displacement debt against him who moved the receivables same with a record one who moved the receivables against a debtor ( people who move debt ) not holding approval one who receives displacement debt together of people transplanted the receivables, as neither does he clutched that agreement with the people who move debt ( debtor ) when he asked its right and not move it to a person.
Reference
Zuhaili, Wahbah. 2011. Fiqh Islam Wa Adillatuhu. Jakarta : Gema Insani.
Dumairi, dkk. 2008. Ekonomi Syariah Versi Salaf. Pasuruan. Pustaka Sidogiri.
Huda Nurul, Heykal Muhammad. 2010. Lembaga Keuangan Islam : Tinjauan Teoretis Dan Praktis. Jakarta: Kencana Prenada Media Group.By : Siti Maghfirotul Ismaya
NIM : 11220002
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