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THE PRINCIPLE OF IMPLEMENTATION

IN MUAMALAH LAW

Affan Ghaffar F (20150420165)


Asih Lestari (20150420275)
Deanita Chandrasari Nur P (20150420291)
Class I

Accounting Department
Faculty of Economy
Universitas Muhammadiyah Yogyakarta

A. BACKGROUND
As social beings, humans can not escape to relate to others in terms of
meeting their needs. Human needs are very diverse, so sometimes he
personally was not able to fulfill it, and must relate to others. The relationship
between one human being with another human being can be called by
muamalah. In this connection, there must be rules that define the rights and
obligations of both consensual.
The process to make a deal in order to meet the needs of both,
commonly known as a process for berakad or perform a contract. This
relationship is a natural tendency that has been ordained by God. Because of
that, he was a social necessity since humans began to recognize the meaning
of property rights. Islam as a universal religion that is comprehensive and
provides rules are quite clear in the contract to be implemented in each period.
In the discussion of jurisprudence, the contract or contracts which can
be used to transact very diverse, according to the characteristics and
specifications of the existing needs. Therefore, in this paper will discuss about
various issues related to the implementation of the principles of law
muamalah.

B. DISCUSSION
1. Meaning
The word muamalah comes from the Arabic ( )is etymologically
the same, and to convey the same al-mufa'alah (each act), which describes
activities undertaken by someone with a person or people to meet each
others needs. Sources of law jurisprudence muamalah contained in the
Quran is in Surah Annisa, the command to commerce with the pleasure of
each other or do not do it willingly and in a way that is false:









Meaning: Hai orang-orang yang beriman, janganlah
kamu saling memakan harta sesamamu dengan jalan yang
batil, kecuali dengan jalan perniagaan yang berlaku
dengan suka sama-suka di antara kamu.. (Q.S Annisa
[4]: 29).
As a terminology, understanding of muamalah can be divided into two:
a. Muamalah in a broad sense:
muamalah are the rules (laws) of Allah to organize man in relation
to worldly affairs in social intercourse.
b. Muamalah in a narrow sense:
1. According to Hudlari Beck, Muamalah is all contract that
allows humans exchanging benefits between them.
2. According to Rashid Rida is the exchange of goods or
something useful in ways that have been determined.
So Muamalah in the strict sense are rules of God that must be obeyed,
that govern the relation between human beings in relation to acquiring and
developing property. From the above understanding, it is known that the
jurisprudence muamalah are the rules (laws) of Allah which is intended to

regulate human life in worldly affairs or matters pertaining to the social rules
and principles.
In fiqh muamalah explained about muamalah principles, namely:
1. On muamalah origin was allowed until there is proof that shows on
keharamannya. This rule submitted by Ulama Shafi'i, Maliki, and Imam
Ahmad.
2. Muamalah it must be done on the basis of consensual.
3. Muamalah was done that should bring serious benefits and rejects madarat
for humans.
4. Muamalah was

spared

from

injustice,

deception,

manipulation,

speculation and other things that are not justified by law.


Muamalah principles also recognize the openness in the transaction (contract),
and the principle is:
1. Every transaction basically binds people (parties) that the transaction
itself, except for transactions that do clearly have violated the rules of
Shari'a.
2. The terms of the transaction were designed and implemented
independently but full responsibility, does not contradict the law.
3. Each transaction is carried out by means of voluntary, without coercion
from any party.
4. Syari (law) requires that every transaction planning and implementation is
based on good intentions, so that all forms of fraud, deception and fraud
can be avoided.
The scope of muamalah jurisprudence covers all aspects of human life,
such as social, economic, political, legal and so on. Economic aspects in the
study of jurisprudence is often called in Arabic with the term iqtishady, which
means a way of how people can make ends meet by making choices among
various uses from the means of satisfying the needs that exist, so that human
needs are not limited to be met by means of satisfying needs are limited.
In this paper we focus in economics relating to the sale and purchase,
accounts payable and usury.

1. Trading
a. Definition of Trading
Purchases are exchanging an item with other items in a certain
way (contract)
b. Law of Trading
Purchases are cases allowed by the word of Allah Ta'ala in surah
Al-Baqarah: 275 "Allah has permitted trading and forbidden
usury."
c. Trading Principle
a) Buyers and Sellers
The Terms is:
Understanding , in order that he not be fooled .An
insane person unauthorized in trading.
By their own will, not being forced or consensual.
Not Mubadzir (wasteful)
Baligh
b) Money and the things purchased
The Terms is:
Saints
There are has benefits
Items that can be handed over
The goods are known by seller and buyer.
c) Lafadz Ijab and Kabul
In Ijab Kabul there is no certainty use specific words, because
there are legal provisions in the contract with the purpose and
meaning and not with words and forms of the word itself.
What is needed is a mutual voluntary (blessing), is realized in
the form of taking and members or other means to show
contentment and meaning based having. Such as greeting
seller: I sell, I give or it becomes yours and the buyer's speech:
I buy, I take, I received, I was willing or take the price. Akad
also valid with sign language which is understood from the
dumb. Because the signal for the mute is an expression of
what is in his soul is like a greeting to the people who can

speak. For the dumb berakad by writing, instead of sign


language, if the dumb to understand reading and writing.
d) Khiyar
Khiyar is seeking the good of the two cases, which carry out
sale and purchase or undo it. Held khiyar by Personality 'that
the two people who were buying and selling can think of each
kemashlahatan further, so there will be no regrets in the future
because they felt deceived.
3 kinds of Khiyar:
Khiyar majelis
The buyer and the seller may choose between the two
cases was as long as both remain in the place of sale
and purchase. Khiyar assembly is allowed in all kinds

of buying and selling.


Khiyar Syarat
In the sales signaled something in which both the

sellers and buyers.


Khiyar Aib
This means that the buying and selling of perfection
required objects purchased.

2. Debt-Receivable (Al-Qaradh)
a. Definition of Debt-Receivable
According to Etymologically, qardh mean al-qath'I is cut. In the
dictionary Al-Munawwir al-qardh mean al-sulfah ie loans.
Understanding qardh according to the terminology, among other
things stated by scholars Malikiyah is "something surrender
possessions to others who are not accompanied by rewards or
extra in return."
b. Debt-Receivable Principle
Muqridh (people that lend).
Muqtaridh (borrowing).
Qardh (things that borrowed)
Ijab qabul
c. The Terms
The person conducting the ceremony must be of legal age,

and understanding.
Qardh must be treasure by Personality 'may be used /

consumed.
Ijab qabul should be made clear.
3. Usury (Riba)
a. Definition of Riba
Riba according to etymology is excess or extra, according to
etymology, riba means excess payment without compensation or
remuneration, as required Bagis one of two people who do
Indeed, Allah has permitted trading and forbidden usury ". (Al
Baqoroh / 2: 27.
b. Kinds of Riba
Riba Fadl, namely usury because the exchange of objects,

similar goods (together) with not same size of the numbers


Riba Qardhi, usury is due to the presence of debts or the
process of lending and borrowing with the terms profits
(interest) of people who borrow or owe.

Riba nasi'ah, is an additional required by the lender of the


debtor in exchange for the postponement (delay) debt

payments.
Riba Yad, usury is separated from a purchase contract

before the handover between the seller and the buyer.


c. Prohibition of Riba
Damaging and Endangering Yourself
Adverse And Damned Others

CLOSING
Muamalah is Islamic law relating to the rights and property arising from a transaction
between a person and another person, or between a person and a legal entity, or
between one legal entity to another legal entity. Hopefully the principles of Islamic
economic transactions can be applied in the buying and selling as well as economic
co-Islami. Thus some matters relating to the Islamic ruling on Muamalah. Due to the
lack of literature, and a very limited time, then this simple paper many shortcomings.
Therefore, suggestions that are building in the completion of this paper is expected.

BIBLIOGRAPHY
http://rudichum.blogspot.co.id/2013/10/makalah-muamalah-dalam-arti-luas.html
http://rumahbuku.weebly.com/bangku-i/muamalah-dalam-islam
blog.umy.ac.id/topik/files/2011/12/FIQH-MUAMALAH-UAD-2009.ppt
stei-iqra-annisa.ac.id/downlot.php?file=fIQH%20mUAMALAH%20(materi).ppt