Sale and purchase of foreign exchange law

Sale and purchase of foreign exchange law

Syari'ahnya on principle, foreign exchange trading can be analogized and categorized by the exchange between the gold with silver or known in fiqh terminology the term Sharf, who disepakat scholars about its validity.

As one of the selling variations, al-Sharf also of course must meet the requirements as well as other variations such as the sale and purchase of the bai 'absolute and muqayyadah. Because in order to purchase the necessary legal forms and a number of terms, ie the terms and conditions of sale aqad legitimate purchase. Aqad so selling it is not there and form, but also legally. Thus the law of al-Sharf is usually interpreted to mean the sale and purchase of foreign exchange is no doubt his skill from an Islamic fiqh.

According to expert analysis (economic experts both general and Islamic economics) that the sale and purchase of foreign exchange transactions are allowed in islam either done in the foreign exchange market as well as in other places. They agreed to allow foreign exchange transactions because look at the sales transactions in compliance with the terms of the sale and purchase according to Islamic pillars, namely: The Ijab and qabul, Both parties have full authority to take legal action in mature, healthy, and others (in meaning there are no elements of coercion or intimidation).

According to the author of this present era of foreign exchange trading has many benefits which the two countries who want to transact with each other in dire need of an exchange of currencies between countries, because different from each other. In terms of benefits, the sale and purchase of foreign exchange is permitted but must stick to the existing provisions in order to get the transaction done blessing.

BY : ENY WULANSARI ( 11220015 )

1 Setiawan budi utomo. Fiqh aktual. ( Jakarta: Gema insani press,2003),72

2 Karim adiwarman. Fiqh ekonomi keuangan islam. ( Jakarta: Dar al muslim,2008),436

3 Ahmad madjid. Masa’il fiqhiyah. ( pasuruan: Garuda buama indah,1991),100

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Implementation of the company's corporate governance system

Implementation of the company's corporate governance system

Implementation is quite urgent to be implemented by the businesses and solutions to the crisis. Good Corporate Governance (GCG) is a concept about the way of sound corporate governance, which is where the concept is expected to protect shareholders (stakeholders) and creditors in order to earn back its investment. GCG is also a system of corporate governance that reflect the relationship and synergy between management shareholders, creditors, government, suppliers and other stakeholders.

Good corporate governance or good corporate governance is a system that can encourage companies to increase the value (value) of the company as well as accountability and control systems business business activities.

For it is because the implementation of this system has many uses, it is necessary to apply into each company. Given this system, a company will be able to encourage the growth of a firm's performance, resource management and corporate risk more effectively and efficiently as well as for corporate accountability to shareholders.

ENY WULANSARI

11220015

1 Irsan Nasarudin, Aspek Hukum Pasar Modal Indonesia, Jakarta:Kencana, 2008, hlm. 95.

2 Nindyo Pramono, Bunga Rampai, hlm 87-88.

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Buy or rent ????

Buy or rent ????

In today's modern era of ever increasing levels of human needs and the culture of consumption is more widespread amongst the people. One of business activity is often done at the moment is buying and selling credits. Although it does not have enough capital, both individuals and companies can make purchases on credit. It is intended that the community needs remain unmet despite the absence of transaction costs in doing that.

Regarding the sale of credit, in this case there are differences of opinion regarding the concept. This can be said because it's selling the contract purchase made ​​on credit though. But it can also be said lease, because the rights to the delivered item has not been fully transferred to the buyer. Because if the buyer is not able to pay the mortgage then the goods that have been granted may be withdrawn back. While the concept about sale, goods that have been given to the buyer has a full right to the buyer.¹

So it can be concluded that the sale of the existing loan is more precisely described as hire purchase. Lease because the goods are said to be vested entirely to the buyer. The new item can be moved completely to the right of the buyer if the buyer has paid in full or paid on such goods. So it is more appropriate if the purchase is called a lease purchase. So there has been agreement that this should be the need for realignment.

BY : ENY WULANSARI

NIM : 11220015

1 Burhanuddin, hukum kontrak syariah, ( yogyakarta: BPEE, 2009 ), 238

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Insurance through zakat

Insurance through zakat

Islam has a system that is able to provide coverage for accidents or other disasters through the zakat system. ¹Even this system is far superior to conventional insurance because from the beginning it was established for the social and humanitarian aid. So one does not have to register to become a member and also not required to pay premiums on a regular basis. The amount of aid it receives is also not related to the level of a person in the list of participants, but based on the level of losses that happened in the accident.

Funds given to any person who suffered was due to the rich people who pay their zakat obligation as one of the pillars of Islam. Existing insurance system is actually insurance system that does not breathe social assistance but the large-scale business enterprises in order to gain maximum profit.

Conventional insurance contains many defects shar'ie include uncertainty (gharar) concerning the rights holder and the source of funds used to cover the claims of the participants, gambling (maysir) because there are those who benefit from possible losses on other parties, as well as the interest element of riba investment funds are awarded.²

According to the authors, the concept of insurance held by the Islamic zakat should be developed so that Muslims do not get caught up in a lot of conventional insurance practices contrary to the principles of Islam. Incurred by the charity in addition to cleaning the treasures we can also help the interests of social and other humanitarian aid.

ENY WULANSARI ( 11220015 )

1 Fakhruddin, fiqh dan manajemen zakat di Indonesia, ( malang : uin press, 2008 )180

2 http://www.pkes.org/?page=faq_list&awal=175

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