Natural Uncertainty Contract (NUC)

Natural Uncertainty Contracts Is contract in business that is not confirmed income, both in terms of quantities or time. In NUC, Parties who transact mutual mixing its assets ( real assets and financial assets) as one, then bear the risk together to gain advantage. The gains and losses is borne together. This contract is contractually investment. That offers no benefit fixed and definite.[1]

The kind of NUC is Musyarakah, Mudharabah, Muzaraah Mukhabarah and Musaqah. Musyarakah is cooperation between two or more parties to a certain business where each party contribute funds ( or charity / expertise ) with an agreement that gains and risk will be borne jointly based on the agreement . Mudharabah is coöperation where one party invested funds amounting to 100 percent and other parties committed to skill. Profits divided based on the agreement and loss in accordance with the amount of investment. Muzaraah Mukhabarah and Musaqah is cooperation in terms of cultivation, which the landowner share with the management of land, but the seed is derived from land owners. So only just processing Manager.[2]

This kind of contract totally different with gharar (unclear) that The law should not be in islam. Gharar Is the kind of cooperation that is not clearly its provitnya so doubtful origin of the profit gained. NUC is different, in the NUC had been enforced by the beginning of that percentage of the profit gained, despite uncertain size due to compliance with provit obtained

siti indah nurvianti,

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[1] Karim, adiwarman. Bank islam: analisis fiqh dan keuangan.  Jakarta: raja grafindo. 75

[2] Prof. dr. rachmad syafei ma. Fiqh muamalah. Bandung: pustaka setia. 2001. 205

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ISLAMIC SAVINGS By: Farisca Eka Rosalina, HBS A, 11220016

ISLAMIC SAVINGS

By: Farisca Eka Rosalina, HBS A, 11220016

Savings are savings funds may only be withdrawn under certain conditions that have been agreed upon, but it cannot be withdrawn by check, giro, and / or other equivalent devices that.[1] Banking experts provide an understanding of the past while savings are savings, to wait if it means saving investments (such as in the form of deposits), for daily use or consumption that can be withdrawn at any time in the form of demand deposits.[2] Bank Shariah implemented in two contract savings, which wadhi'ah and mudaraba.[3] According to the author, the savings bank is one of the activities that raise public funds so that the money circulating in the community to avoid inflation stable.

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[1] Fatwa Dewan Syariah Nasional NO: 02/DSN-MUI/IV/2000.

[2] Wiroso, S.E., M.B.A.  Penghimpunan Dana dan Distribusi Hasil Usaha Bank Syariah,

[3] Hasan Abdullah Al-Amin, Al-Mudharabah asy-Syar’iyah wa athbiquha al-Haditsah, (Jeddah: IRTI, IDB, 1988).

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IJAROH By: Farisca Eka Rosalina, HBS A, 11220016

IJAROH

By: Farisca Eka Rosalina, HBS A, 11220016

Al -Ijaroh is derived from the word al-Ajru which means al-'iwadhu (replace). Ijaroh is a contract for the transfer of rights to goods and services, through a lease payment of wages, without a corresponding transfer of ownership (ownership / milkiyah) of the goods themselves. Ijaroh means leas contract and contract hire. In the context of Shariah banking Ijaroh is a lease contract in which a bank or financial institution renting equipment (equipment) to one of its customers by charging fees for certain specified earlier.[1] Al-Ijaroh or leasing is a pure transfer of rights to contract for goods or services, through the payment of wages lease, without a corresponding transfer of ownership (ownership/milkiyah) of the goods themselves. Its legal basis is in Surah Al - Baqarah : 233 which means : " And if you want your son suckled by others, no sin on you if you give payment according to the worth . obey in Allah and know, that Allah almighty look at what you do”. In the hadist explained In the hadist also explained that by Ibn Abbas that the Messenger of Allah. Say "please bruise (bekam) you, then give his wages to the artisans by you bruise it, (Narrated by Bukhari and Muslim) From Ibn Umar that the Prophet said, "Give wages before his sweat dried. "(Reported Ibn Majah).[2] Islamic Fiqh scholars divide Ijaroh to 2 types:[3] Rent for a certain period and hire for a project business. According to the authors, Ijaroh actually we practice, but we often say that is rent.

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[1] Heri Sudarsono, Bank dan Lembaga Keuangan Syari’ah,(Yogyakarta:Ekonisia,2007), hlm.66.

[2] Muhammad Syafi’I Antonio, Bank Syari’ah dari Teori ke Praktik,(Jakarta:Gema Insani, 2001), hlm.117.

[3] Karnaen Perwataatmadja, Apa dan Bagaimana Bank Islam,(Yogyakarta:Dana Bakti Waqaf, 1992), hlm.29

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Function of Law in Society By: Farisca Eka Rosalina, HBS A, 11220016

Function of Law in Society

By: Farisca Eka Rosalina, HBS A, 11220016

Human are affected by living with regulations that restrain the passions and human relationships. The regulations give clues to the man how he should behave and act in society. Rule of life that is called rule of life in the community. Rules of that are set up social life and force to ensure order in society is called the rule of law or the rule of law.[1] According J.F. Glastra van Loon law has a very important function, namely policing, dispute resolution, nurture and maintain order, arrangement, etc.. Law must realize the above functions so that he can meet the demands of justice, effectiveness and legal certainty.[2] Law has legal consequences. An effect caused by the existence of a legal relationship. Provide a legal relationship of rights and obligations that have been set by law, so that if not complied with the offender will be prosecuted in court.[3] According to the authors, coercive laws, but from the nature of it, people will be orderly in their respective responsibilities and to respect the rights of each individual.

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[1] Drs.c.s.t kansil, pengantar ilmu hukum dan tata hukum indonesia, hal 34

[2] Soejono dirdjosisworo, pengantar ilmu hukum, hal 126

[3] Soedjono dirdjosisworo, pengantar ilmu hukum, hal 129

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