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