Akad that is derived from the Arabic word '
meaning aqdi agreement. In fiqh sunnah, said the contract is defined
relationships (ar rabtu) and agreement (al - intifaq). According to the
contract terms are determined by the Engagement qabul consent under the
provisions of Personality' which affects the object.
Fiqh
Muamalat distinguish wa'ad with contract. Wa'ad the promise one party with the
other party, a party which binds only the parties which gave promise obliged to
carry out its obligations, while the parties were given an appointment do not
assume any liability . When the parties pledged not fulfill his promise, then the
penalty is a moral sanction. While the agreement is a contract between two
parties, who agree among themselves to carry out their obligations as agreed.
Islamic law that most distinguishes engagement are important elements of the
pledge (consent and Kabul), then there was a contract (engagement). Wa'ad
supports several contract deals. With such a nature it is sometimes regarded as
complementary wa'ad a contract.
Meaning ceremony Akad Tabarru and Akad Tijarah
a. Akad tabarru'
Is
agreement concerning the not-for profit transaction . for the purpose of
helping each other do good parties do not require anything in return to the
other party . However, those who do good may be asked to simply cover costs
incurred to perform the contract tabarru 'is. But should not at all take
profit. Akad tabarru' there are three namely :
1.
Lend money (Lending)
Lend
without requiring any qardh called . Furthermore, if the lending of money
requires a guarantee called Rahn . While pinjamaan money to take over the debts
of the other party is called hiwalah .
2.
provide services
Divided
into three namely services to do something on behalf of others is called power
of attorney . When providing care or day care services called wadi'ah . Then
kafalah where the guarantees given by the insurer to a third party to fulfill
its obligations or both parties are covered .
3.
Giving something (Giving Something)
Who
belong to this group are grants, Endowments, charity, gifts.
Once the contract tabarru' agreed, should not be converted into tijarah
contract unless there is an agreement both parties Conversely, if the contract
has been agreed tijarah , tabarru be converted into a contract if the parties
are willing melepasakn rights retained his rights.
b
b. Akad
Tijarah
Is an agreement to make a profit,
Akad tabarru' of giving something or lend something (money or services). Based
on the degree of certainty of the results obtained tijarah contract is divided
into 2, namely:
1.
Natural Centainty Contracts (NCC)
Where
both sides exchanging its assets, objects of exchange ( goods or services ) are
set at the beginning of the contract, NCC is divided into:
a)
Sale and purchase agreement
i. Al - Ba'i naqdan ordinary sale and purchase
agreement is made in cash, goods and money exchanged for the same at the time
of the transaction.
ii.
Al - Ba'i muajjal purchase is made not in
cash but through installments and the goods are delivered at the beginning of
the period and the money made in installments over a period of debt .
iii. Murabahah is a sale in which the seller says is
open to buyers with the advantage gained.
iv. Salam is a sale and purchase of goods purchased
where there is no market yet to be produced , the money handed over at once in
the face while the goods are delivered at the end of the financing period.
v. Istishna ' , the same as regards the payment
for the contract goods are made in installments over a period of financing
(so not dilakuakn beginning).
b) Rent contract (Ijara and IMBT) is an agreement
to use the services, better services for goods or services for labor. When used
to obtain the benefits of the goods referred to tenancy . Whereas if it is used
to benefit the work , called the wage hired. But emerging innovations in Ijara
, where the guarantor is possible to have an object ijarahnya at the end of the
lending poriode called Ijarah Muntahia Bittamlik.
2.
Natural Uncertanly Contracts (NUC)
In
the NUC, the parties mutually mixing bertranssaksi assets ( both real and
financial assets asssets ) . And then run the risk together for profit . NUC is
included in the investment contract is an example of NUC muzara'ah Musharaka ,
musaqah , mukhabarah .
Musharaka contract has 5 fariasi ,
namely muwafadhah, inan, Wujuh, Abdan, and mudaraba . In syirkah mufawadhah ,
the party capital of association mixing in equal amounts. While syirkah inan ,
the party mix in the amount of capital that is not the same. syirkah Wujuh ,
mixing occurs between the capital with a person's reputation. Syirkah Abdan
where mixing occurs between the services or expertise that association.
Furthermore syirkah mudaraba which mixing occurs between the capital with the
services of the association. Musharaka addition, there is also an investment
contract for the agricultural production sharing contract form that is applied
to agricultural crops called muzara'ah . When bibtnya derived from landowners ,
called mukhabarah. While the form of production sharing contracts are
applicable to annual agricultural crops called musaqat .
By : Siti Maghfirotul Ismaya
NIM : 11220002 ( Group 1 )
