SAHAM? ? ? HALAL / HARAM? ? ? By: Farisca Eka Rosalina, HBS A, 11220016

SAHAM? ? ? HALAL / HARAM? ? ?

By: Farisca Eka Rosalina, HBS A, 11220016

1 . View of Al - Quran and As- Sunnah. The legal basis for the implementation of the capital market in which shares are as follows :

a.        Al - Qur'an in Surah Qs An- Nisaa (4) : 29 , QS . Al - Jumu'ah (62) : 10 , QS . Al - Maidah (5) : 1 reads " who believe , fulfill the contract - agreement . "

b.      Hadith, fatwas taken. 40/DSN-MUI/X/2003[1] on Capital Markets and General Guidelines for Implementation of Sharia in the Capital Market. Hadith HR. Ibn Majah from 'Ubadah bin Samit, Ahmad from Ibn ' Abbas and Malik from Yahya, "There should endanger themselves and also should not harm others", Hadith HR. Al Bayhaqi from Ibn Umar "Rosululloh SAW. forbid of the sale and purchase (containing) gharar (deception). "

2 . View Ulama 'Classic

According to Ibn Qudamah, if one of the two partners of association to buy the portion of union, is permissible because he bought another party.[2]

3 . View Ulama ' Contemporary One of them, Wahbah Zuhaili found , "muamalah with ( conducting transactions above ) stock is permissible, because the owner is a partner in the company's shares in accordance with their shares.[3]

 According to the authors, the stock should be done if there is no fraud in the implementation (ghoror/deception) and with reference to the argument that explains the ability muamalah. Examples of goods that are traded must be halal.

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[1] http://www.bapepam.go.id/syariah/fatwa/pdf/40-pasar_modal_syariah.pdf

[2] http://pengusahamuslim.com/saham-dalam-timbangan-islam

[3] Gemala Dewi, SH., LL.M, dkk., Hukum Perikatan Islam di Indonesia (Jakarta: Prenada Media Group, 2006), hlm. 170

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ZAKAT of COMPANY By: Farisca Eka Rosalina, HBS A, 11220016

ZAKAT of COMPANY

By: Farisca Eka Rosalina, HBS A, 11220016

The definition of a business corporation is organized as a separate entity with official ownership is evidenced by shares (corporate). The contemporary scholars analogize the zakat of company is zakat category of commodities trading, when viewed from the legal and economic aspects ( entities ) activities of a company, generally pivots to trading or trading activities . Thus, every company in the field of goods (proceeds industry / manufacturing) and services may be compulsory zakat.[1] Yusuf Qaradawi mentions the term al - mustaghallat , ie property that is not traded , but developed with rent or sale proceeds products , objects remain his property , but the benefits are growing.[2] The foundation of the company in a letter Zakat Al-Baqarah verse 267 (general),[3] which means "who believe, spend in (in the way of Allah) as a result of your efforts are doing well and some of what we spend on earth for you to spend out of him, but you are not willing to take it with narrowed eyes to it. And know that Allah is Rich, Praiseworthy."The authors add, if it is associated with the imposition of zakat on the company, the products derived from it must be kosher(halal) and owned by people who are Muslim, or if the owner is an assortment of his religion, then based on stock ownership of the Islamic religion.

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[1] Akuntansi Dan menejemen zakat. M Areif Mufraini.2006. hlm.124

[2] Yusuf Qardhawi, Hukum Zakat, Op Cit, hlm. 458

[3] Al-qur’an surah Al-Baqarah ayah 267

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A PROVISION OF LAW AND FORCE By: Farisca Eka Rosalina, HBS A, 11220016

A PROVISION OF LAW AND FORCE

By: Farisca Eka Rosalina, HBS A, 11220016

The term law here is different from the law in terms of legislation mentioned in the Indonesian constitutional law. Because the laws in Indonesian constitutional law is the product of legislative president (government) together the House of Representatives (DPR). As defined pasal 5, ayat 1 and pasal 20 of the 1945 Constitution which binds held and maintained by the State authorities[1]. According to UU no. 10 of 2004[2] is an Act is the legislation that established by the House of Representatives by mutual consent of the President (Pasal 1 ayat 3). In other words can be interpreted as, written regulations made by the State authorities and completion of binding every citizen as a person. Act can apply if it fulfills certain requirements. In legal terms the Act is divided into 2 types, namely[3]:

 1. Act in the sense of Material: decision Ruler / Government in terms of its content is called common law has binding force. But not all of the Act may be called the Law in the sense meteril because there are laws that only apply to a small group. For example Teroisme Law, Bankruptcy Law and Naturalization Act (No. 62 of 1958).

2. Formal law in the sense: decision Ruler / Government Act named due to / seen from the shape and the way the procedure is done and rivers, such as the State Budget Law.
According to the authors, the law distinguishing formal and material sense. Law in the formal sense of the law that created the process or procedure based on government decisions. Whereas, in the sense of material that can be seen from the contents, which binds all people.

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[1] Titik Triwulan, Konstruksi Hukum Tata Negara Indonesia Pasca Amandemen 1945, hal 41-42.

[2] http://bkp.deptan.go.id/tinymcpuk/gambar/file/Undang-undang_no_10_thn_2004.pdf posting in 21 oktober 2013, 07.45 am.

[3] Marwan Mas, SH., MH, Pengantar Ilmu Hukum, Jakarta:Ghalia Indonesia, 2004, cet. I, hlm. 60.

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Guarantee

By: Kiki Ayu R
11220013
Guarantee is a promise in writing made by a debt that can not be returned. Dependents in the form of collateral must be dukungan.Jaminan is a form of mortgage and its value as a dependent is highly dependent on the financial and credit position of the guarantor, as well as the form and terms of guarantee
In the Criminal Code guarantees included in the 2nd book in the 1131 article owes all the material, whether movable or immovable, both existing and new exist in the future, the responsibility of individuals for immediate engagement.
The other notion is Dhamaan (الضمان) means dependents or warranties. Thus, dhamaan is guarantee (bear) to pay the debt, pledge or deliver the goods at a designated place. Imam Mawardi (Shafi'i school of thought) said that dhamaan in utilization of assets, the beneficiaries dependents, insurance against property, against the soul, and the guarantee of a public union has become a habit. Dhamaah thus can be applied in buying and selling, borrowing and lending, deposit, guarantee, or Qiradh joint work, finding items, justice, murder, robbery, and theft.
As for under the provisions of Islamic Sharia debt moratorium is called Kafalah (merge), dhaamah (guarantee), hamalah (expense), za'amah (dependents). According Personality 'is defined as the process kafalah incorporation kafil dependents asiil the demands or requests with the same material or debt, or goods or work. In the opinion of the Hanafi school of jurisprudence. While other priests who give definition to "combine two dependents in demand and debt
The agency Aval (Guarantee) that is in debt receivable perejanjian known security institutions (borg) in the form of goods or personal guarantees to provide additional assurance of payment of one's debts. Notes as well sign a contract payment in a particular case require the presence of such a guarantee. The difference in the loan agreements in civil law receivable underwriting process is done in inter-personal, where the parties know each other. Warranties in this civil commitment is payable as if the agreement substantially assesoir.Dengan canceled then automatically guarantees that also killed.
Legal guarantees can be interpreted simply as a law governing debt guarantees, either in the form of collateral material mauopun individual guarantees. According to Prof. R. Subekti, collateral material can be distinguished in the security and personal guarantees. Personal guarantee is an agreement between the creditor with a third person who guarantees the fulfillment of the obligations debitur.Perjanjian individual security may even be held without the knowledge of the debtor tersebut.Jaminna

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Nama: Moh. Khisbul Muzaqqi
Kls : HBS "A"
NIM : 11220001

                             Implementation and its application in banking

Calneh kafalah is the guarantee given by underwriters to a third party to meet obligations of parties second or borne. Among the form of banking transaction that can use calneh kafalah is bank guarantee. Technically the bank in this memberiakan reassurance to customers with respect to a labor contract or agreement between customer incomes with an agreed-upon kontrakkerja or agreement which has been agreed between customer incomes with a third party. The bank as an institution which give assurance will derive a benefit in the form of an increase in opinion over wages they underwrite as reward for services guarantees given. The mechanism for system banking principles kafalah can be applied in the form of guarantees by first started with an opening facilities that are determined by a bank on the basis of the results of the analysis and evaluation of customer will be given the facility. Facilities kafalah given will look at whether to pay an estimate of administrative commitment and kontinjen. The facilities granted in respect of the application of the principle of kafalah is bank guarantee facility and letters of credit. The function kafalah is the giving of a guarantee by the bank for the related parties to run their business in a more assured, so Amanda certainty in this endeavor or transaction, because with this guarantee the bank means it will take over the risk or liability of the customer, if the tort nasbah or negligent in fulfilling his obligations. The bank as an institution which guarantee this, will also obtain the benefits in the form of an increase in income over wages they receive in return for a service rendered, so that it will give contribution to the acquisition of their income.

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