The different betwen akad and wa’ad

Understanding akad is ties, decision or reinforcement or treaty or agreement or transaction can be defined as commitment is framed with values syariah. Akad can be a mutual agreement between the parties or better orally, cue, or who have legal implications that binds to carry it out. In akad, The form and their condition had set down in detailed and specific. If one or both sides as are bound in that contract was unable to meet their obligations then they would accept sanctions as they have been approved in akad.

wa’ad was a promise between one party to another, that binds one party only, That is, parties who gave pledges under an obligation to discharge its liabilities  While parties given a promise not afford to have an obligation nothing against other parties. In Wa’ad form and the condition is yet set down in detailed and specific. If the promised not to fulfill his promise, then more sanctions is the moral sanction.

Although both almost mention, have in common, but clear and fundamental differences between both these words. akad (contract)is Agreement is approved by two or more persons that binds and sanki is self-evident if one or all breaking. Wa’ad Is promises where only one party bound / obligated spearheading it. And if there is a breach of the only parties that get a penalty

 siti indah nurvianti/11220022

 Ascakarya. Akad dan produk bank syariah. Jakarta: raja grafindo. 2007, 35

 Karim, adiwarman. Bank islam: analisis fiqh dan keuangan.  Jakarta: raja grafindo. 2008, 65

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FRANCHISE PRINCIPLE (FRANCHISEE) IN BUSINESS By: Sayidah Rohmah_11220023

According to Government Regulation no. 16 of 1997, Article 1, of the procedures for registration of a franchise, franchise (franchisee) is engagement in which one party is given the right to utilize and / or use of intellectual property rights or inventions or characteristic of business of any party to an exchange requirements established by the other party in order to supply and / or sale of goods or services. Franchising is a form of cooperation in the field of trade and services. Therefore, in performing its activities shall be established a franchise agreement.

It aims to protect both parties involved in the agreement as well as the franchisor before the franchisee entered into the particulars required to submit the form the name of the franchisor, intellectual property rights, requirements, assistance and facilities, rights and obligations, termination, cancellation and the extension of the agreement.

Franchise agreement along with the written statement filed in the Department of Trade and Industry by the franchisee at least 30 (thirty) days from the entry into force of the agreement. The enrollment goal for the benefit of business coaching franchise way.

The parties involved in the franchise business (franchisee) the franchisor, a party that has a system or certain ways of doing business, whether an individual or a business entity which entitles the other party to make use of and or use of intellectual property rights or inventions or characteristic of its business. Franchisee, the parties receive from the franchisor or franchisor's business system so that it has the right to carry out business in ways that were developed by the franchisor. Franchise, namely the system and ways the business itself, it is knowledge or specification of the business being sold to franchise franchisor. In a franchise agreement, franchise agreement serves as objects.

Cooperative relationship between franchisor and franchisee is a very critical aspect in the franchise business. Success or failure depends on the synergy of cooperation the two sides. To get to the form of cooperation will require a cooperative relationship in the form of franchisor and franchisee, the total revenue of the vision, mission, and values ​​shared by both franchisors, franchisees and their staff. Mutual trust and respect, rights and obligations, practicing good communication at all levels, are dedicated to the success of long-term, mutual support in good times and bad, each keeping with the standards and operating procedures have been clearly defined Será contribute to the growth through feedback, research, and development and promotion continues.

A business can be franchised if there are at least five conditions, among others:
a. has a unique
b. has proven successful
c. has with the standards

With the rise of franchise business in Indonesia today, the provisions that must be observed and adhered to between the franchisor and franchisee that no one harmed each other. The most important thing in business with a franchise system is the establishment of a close relationship between the franchisor and franchisee in doing business as well as the trust between the franchisor and the franchisee to do business.

Referensi:

Burhanuddin, 2011, Hukum Kontrak Syari’ah (Malang : UIN-MALIKI PRESS).

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PLEDGE shari'a (RAHN) By: Sayidah Rohmah_11220023

Pledge shari'a (rahn obliged) is an activity valuable items to the party, to get money, and if a number that have been pledged will not be redeemed again in accordance with the agreement between client and a pledge. Its main objective is to overcome so that the people who need money does not fall into the hands of the usurer that there is a flower is relatively high and help customers in multiguna law. Because from the pawn shop own motto is "to resolve the problems without any problems".

Marriage that is used in pawn shop shari'a are:

1. Rahn, namely the submission of customers (rahin) to the bank (murtahi) as collateral to get  a debt.

2. Qardh, namely savings and loans borrowed without rewards with the obligation borrowers to restore loan goods on one-time or installment in a certain period of time.

3. Ijarah, which is of the hiring contract for goods and services cost for a high among the owners object rent with tenants to benefit with the reward either rent or a reward.

When falling due, murtahin must warn rahin to immediately repay hutangya. And when rahin still could not repay their debt, then marhun sale force/executed through auction to shari'a. Sales result marhun used to repay debt, there are no tuition fees for maintenance and storage which had not been paid and fees. Sale advantages for the obligation rahin and weaknesses rahin.

Profits if compared with financial institutions bank or other financial institutions are:

a. Relatively short talked to get money, because the procedure was not too complicated a

B. Requirements that it is very simple to make it easier for customers to fulfill it

c. The pawnshop not to raise money was used for what, be in line with our customers will not to violate the terms based on making

Referensi :

Abdul Ghofur, 2009, Perbankan Syariah di Indonesia (Yogyakarta: Gadjah Mada University Press).

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Implementation of the Agreement Isthisna 'Parallel in Islamic Banking By: Sayidah Rohmah_11220023

Isthisna 'parallel as one contract that is based on the principle of trading can be implemented in Islamic banks. Activity funds in the form of financing isthisna 'parallel must meet several requirements that apply at least as follows:

1.    Bank as the seller in the contract isthisna 'can make the contract isthisna' parallel with the other party in which the bank acts as a buyer

2.    Obligations and rights in both contract isthisna 'should be separate

3.    Implementation of the obligations of a contract isthisna 'should not depend on the contract isthisna' parallel or vice versa

4.    In the event that a bank acting as purchaser under the contract isthisna 'parallel must meet its obligations to the other party in the contract if the customer isthisna' does not meet the contract isthisna '

5.    In the event that payments are made in installments, should be proportional

6.    Isthisna provision 'applies to isthisna' parallel:

a.    Islamic bank to purchase goods from the customer specifications, quality, quantity, time period, place and the agreed price

b.     Payment by Islamic banks to customers not in the form of debt relief to the customers of Islamic banks

c.    Payment instrument should be known quantity and shape in accordance with the agreement

d.   Islamic banks as payment by the buyer to the customer is done in stages according to the agreement

e.    In terms of customer delivered the goods to the bank with a higher quality then the customer should not be asking for an additional price

f.     In terms of customer delivered the goods to the bank with lower quality and willingly accept bank then the bank can not sue price reduction (discount)

Banks can not ask for additional price if the customer received the goods with higher quality unless there is agreement between both pihak. Addition, banks do not have to give rebates (discount) if the customer received the goods with lower quality unless there is agreement by both parties.

Thus, buying and selling as a legal act which is lawful in Islam apparently suitable to be applied in Islamic banking operations. Broadly speaking, Islamic banking products are based on the purchase contract is composed of three kinds of financing murabaha, salam financing, and financing isthisna. "In practice in the field of Islamic banking in Indonesia, murabaha financing most frequently encountered and applied in different banks of Islamic banks in the salutation and isthisna 'especially in the procurement of goods of daily needs such as procurement of motorcycles.

From the results of our survey in the field at Bank Syariah Mandiri, that the sale and purchase financing isthisna 'is not used. It is true fact that the financing transaction that is more commonly used in Islamic banks is murabaha and isthisna existence 'itself is rarely used. Should be applied in Islamic banking because of financing purchase isthisna 'that there are great benefits to society as a source of financing and banking services for customers both for investment purposes, working capital and consumption.

Referensi :

Tim Pengembangan Perbankan Syariah Institut Bankir Indonesia, 2003, Konsep, Produk dan Implementasi Operasional Bank Syariah (Jakarta: Djambatan).

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