CONTRACT OF BUSINES SYARIA

CONTRAC IN SYARIA BUSINES

Contract or Agreement in Arabic is 'uqud plural of' aqd, which literally means, bind, join, lock, restrain, or in other words to make a deal
Pillars of the contract there are three, namely:1. Sighah, that statement and qabul consent of both parties, may be with lafadz or speech, may also be done in writing. Sighah, must be aligned between consent and qabulnya.2. Aqidan, namely: the parties will carry out the contract, both parties will execute this contract must have reached the age of puberty-baligh (according to the law in force in a country), should be in a state of insanity (not crazy) or have a healthy mind , must be mature (Rushd) and be responsible in the act, not wasteful, and can trust to manage your financial problems very well.
3. Expensive al-aqd or contract objects ie: service, or valuable objects and objects of the contract is not prohibited by sharia. Object covenants prohibited (haram) by Islam law are: 1. Alcohol 2. Blood 3. Carcass 4. Meat babi.3. Expensive al-aqd or contract objects ie: service, or valuable objects and objects of the contract is not prohibited by sharia. Object covenants prohibited (haram) by Islam law are: 1. Alcohol 2. Blood 3. Carcass 4. Pork.Legality of contract in Islamic law, there are 2. the first. Valid, or invalid, which means that all the pillars of the contract and all conditions have been met, the second. Bathil, if one of the pillars of the contract are not met, then the contract is void or invalid, especially if there is an element Maisir, Gharar and Riba in it. Akad effective again divided into two, ie: 1. Commonly-binding and Ghayr al-prevalent - not binding. Common covenant is an agreement that can not be canceled by either party without the consent of the other party. For example: divorce by compensation payments given property of the wife to the husband. Medium ghayr al-prevalent agreement can be canceled by either party without the consent of the other party in the transaction eg partnership (Musharaka), agency (power of attorney), probate (wassiyyah), loans (arriyah), and care (wadiah).In addition, the Islamic financial transactions are 7 types of contract are classified according to the contract object and purpose:
a. 'Uqud al-Tamlikat-contract whose purpose is to transfer the ownership of objects from one party to another. This type of contract is divided into two more, namely: the first: 'uqud-al mu'awadat-object exchange contract between two parties, where each party has something going on exchange ownership rights to another party, such as transaction- purchasing, and foreign exchange transactions, the second: uqud al-tabarru'at the contract based on the voluntary willingness of one party wishing to object to the transfer of ownership rights of others without expecting to get something from the other party, for example, is a grant, waqf, alms.
b. 'Uqud al-Isqatat-elimination is a contract-for example: a. Divorce, b. Forgiving a killer (qisas), c. Freeing debtor from all debts.
c. 'Uqud al-Itlaqat-contract In order to eliminate restrictions that apply to a person, and when this happens the contract ban was removed, as the agency or power of attorney, where earlier a person prohibited from doing anything without the permission of a particular party, with the contract wakalah then a agents can represent a company or person to do something prior to the contract, it was forbidden to do so.
d. 'Uqud-al-Taqyidat-contract to impose a ban on something to someone, for example: an agency contract expiration.
e. 'Uqud-al-Sharikat - contract of cooperation, partnership for businesses, such as cooperation in the principle of cooperation in managing the farm (muzara'ah), cooperation in the field of irrigation plants (Musaqah), and cooperation with the principle of profit sharing (Mudharabah).
f. 'Uqud-al-Tawthiqat-contract to secure the loan, for example, the principle of warranty (kafalah), transfer of debt (hiwalah) and pledge (rahn). Akad was also in call contract warranty (uqud al-damanat).
g. 'Uqud-al-Istifazat - This contract goal for valuables care, for example, safe deposit box (wadiah).


Type-contract agreement in the Islamic faith from the perspective and composition sighahnya there are three, namely:
1. 'Uqud Munjanah-contract full, complete and perfect the effektifitasnya immediately apply where the contract is from beginning to end no additives or any changes that could alter the condition in the future. The Agreement applies to all types of contract, unless the contract is for probate (wasiyyah), or the appointment of guardian (isa '), because in the contract wasiyyah and isa' enactment of the contract occurs only if the first party has died. To testament types akadnya is' uqud Mudafah.
2. 'Uqud Mudafah-effektifitasnya covenants immediately applicable in the future determined appropriate by both parties. For example: the first said: "I contracted my home to you next month from the date of five at 10 million per year." Then the second said I received a contract house worth 10 million per year in the starting five next month. " So began an effective contract or force on the first five months.
3. 'Uqud Mu'allaqah-contract certain conditions, with the addition of the sighah words like' if ',' if ',' if '. His example: the first said: "when you pass degree, I thank you to an employee in my office." Then the second said: "I received an employee in your office, if I pass degree".

Some of contract arising from this exchange include:
1) Naqdan, namely the exchange or buying and selling is done in cash.
2) Murabaha, ie agreement on the sale and purchase of certain goods.
3) Salam; sale and purchase of certain criteria with payment made at the beginning
     and goods are received later.
4) Istishna; sale and purchase of pre-emptive manner with clear criteria
    (Many scholars equate it with a greeting)
5) Ijarah; lease contract goods with compensation services, and others.

islam in business akadasangat in need because the contract that will guarantee a transaction or partnership to be formed, so that the owners of capital and pelakuusaha both know bisnsinya work process, how many divisions, and this will be one party ketikbila guarantee no one feels in emphasis . if the contract is not established then one side will feel aggrieved because without the contract then the aggrieved party can not claim the loss. including also have to be smart and transparent when making the contract that both profit.

Refrensi : 

http://www.pkesinteraktif.com/edukasi/opini/331-jenis-jenis-akad-dalam-transaksi-ekonomi-syariah.html

http://echopedia.blogspot.com/2011/01/bentuk-bentuk-akad-dalam-islam-dan.html

Proses Bisnis Syariah (TugasII)

Business sharia, Islamic finance is currently being developed. appearance not only because of the trend, but it is now a lot of people who see business success also comes from a spiritual business for that business began to touch the spiritual aspect of the business. by john and patricia Aburdene naisbit megatrend in the book 2000. based on the results of the study by using the theory stratistik trends, says that people in the year 2000 and onwards the increased religiousity, religious fervor. cause could be due to many factors including the human effort to seek pleasure in his own way, turned out ta not produce substantial happiness (harahap, 2001). This trend caught the attention of business people in the Islamic world to try to apply Islamic spiritual-based business. businessmen certainly hope this is not just a benefit the world but also hope of happiness hereafter. This awareness must be the basis for starting a business based on sharia.

Here's a verse that goes along with the desire began to turn to Islamic business is:

QS. Al-Baqarah verse 85

"... Do you believe in the bible and remember some of the others? Nor reply to those who do so than you guys, but disgrace in this life and on the Day of Resurrection they returned siska very heavy. Allah is not unaware of what is you do. "

This verse confirms that partially Muslims, Muslims will experience losses keterpurikan worldly and hereafter. therefore the application of the principles of Islam in all aspects of life, including when conducting business, is clearly a necessity (Setyanto 2003).

Islamic business is not much different from the non-Islamic business processes where an implementation / realization of a business process that is applied in a company or organization, but its business processes to absorb some of the rules of Islamic Shari'ah. Forms of Islamic finance was not much different from the business in general, which is an attempt to produce / commercialize goods and services to meet the needs of consumers. But the Islamic aspect that distinguishes the business in general. So that in addition to seeking Islamic finance business in general, also runs the Islamic Shari'a in its business activities.

To distinguish between Islamic business and is not, then we can know through the traits and characteristics of Islamic finance has its own uniqueness and characteristics. Some characteristics include:

1. Always Rests In ruhiyah values​​. Ruhiyah value is every man's awareness of his existence as a creature (creature) God must always be in contact with him in the form of obedience in every breath of his life. There are at least three aspects of this ruhiyah value must be realized, namely the aspects: (1) concept, (2) system enacted, (3) Actors (personnel).

2. Has Understanding the Business Halal and Haram. An Islamic businessmen demanded to know true facts (tahqiqul manath) the Sahih business practices and wrong. Besides also have to understand the fundamentals that made legal texts (tahqiqul hukmi).

3. True In Syar'iy In Implementation. The point at issue is no agreement between theory and practice, between what has been understood and enforced. So the judgment is not merely a material profit and loss.

4. In the results-oriented world and the Hereafter. Business would be done to get the maximum benefit in the form of many treasures, and it is justified in Islam. Because in doing business is to gain material benefits (qimah madiyah). In this context the results obtained, is owned and perceived, is such a treasure.

 

As I've discussed previously ditulisan about business processes. where the business process has three main processes, and this time it will be described as well the differences between Islamic and non-Islamic businesses. the following:

1. management process is a process that controls the operation of a system.

• Syariah

First, management is concerned with the behavior associated with the value of faith and monotheism.

second, management was concerned with the structure of the Islamic organization. as can be seen in the letters AL An'am 65 which describes the rules the world, the role will not be the same man.

Third, management discussed the sharia system. This system is structured so that the behavior of actors in it goes well.

• non syriah:

in the management of the manager in the face of problems and solve them based on past actions.

2.Proses Operations, which includes the core business processes and create the primary value stream. for example, such as the purchasing, manufacturing, marketing, sales.

• Shariah:

Mudaraba (profit consortium) is an arrangement or agreement between a buyer and businessmen capital projects roomates employers may use the funds for the project to run his commercial activity. The advantage gained will be shared between financiers and entrepreneurs project follows a ratio while flea borne entirely by financiers.

Musharaka (vague attempt) is the concept of Islamic banking is Usually using for trade or commerce partnership together to for a commercial company. benefits obtained would dikongsi together by a ratio approved when losses will be borne Based on the ratio of capital contribution.

Murobahah (kos store) is selling stuff that does not violate syarian, at a price roomates includes a profit margin agreed by both seller and buyer. Among the letter is the purchase price and selling price. profit margin was about emasa Clearly stated sale agreement executed.

Ijarah (leasing Pure) is providing the opportunity for tenants to take advantage of the leased goods for a certain period in return for an agreed amount as an example is used to finance a car, the customer will enter a contract first and give the car rental rates at the agreed price for the particular date. payment due at the end of the contract, both for the customer will be authorized to purchase the vehicle at the agreed price.

Wadiah is custody of funds where the depositor can withdraw funds at any time. wadiah system banks are not obliged to, but are allowed to give bonuses to the customers.

• Non-Islamic:

credit creation

function giral

planting and billing

savings accumulated investment dna

trus services

profits to reward shareholders.

3. Supporting processes are processes that support the core processes. eg accounting, rekuirement and help center.

there is no difference between the supporters of Islamic and non Islamic. because both Sharia and non syari both need accounting requirements and help center.

Here is a table differences Islamic and non-Islamic business (menggagas bisnis islam - Muhammad Ismail Yusanto, Muhammad Karebet Widjajakusuma ) :

application of this concept it is not necessarily easy, why? because of this concept that really needs self-awareness of the business actors. in addition to awareness, sharia business also has a noticeable difference in 3 main business processes that really rely on a trust and openness between all the actors of course activities including the customer so there is no doubt when running this Sharia business.

A Chinese philosopher, Confucius, describes the phenomenon of human behavior as described above. with the following wise words:

"They lost their health because of the money, and they lose a lot of them to restore their health. Excited to think about the future and prospects, they forget the present as if they never lived in the present and the future, and they live as if will not die, and they die swabs they never lived "

clear from the sentence above illustrates that businesses are not syriah when success can indeed benefit but the benefit it has sacrificed a lot of business, and sometimes sacrifice that makes them forget about things more certain in life after death. so it would be nice to achieve spiritual success principles involved in the business process is expected to provide a balance between the pursuit of profit and look for the good. course to gain success for the good of the world and success in the Hereafter. Thus the existence of human life because it will die so it is good to get the business started turning to Islamic finance really applying Islamic principles in every business process, is to balance their business and the business.

Refrensi :

http://cafesyariah.com/category/bisnis-syariah

http://unknown-alones.blogspot.com/2012/09/proses-bisnis-syariah-dan-non-syariah.htm

Riyanto Sofyan, Bisnis Syariah Mengapa Tidak? - Gramedia (Google book)