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

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

which describes activities undertaken by someone with a person or people to meet each other’s needs. janganlah kamu saling memakan harta sesamamu dengan jalan yang batil. Muamalah is all contract that allows humans exchanging benefits between them. 2. Muamalah in a narrow sense: 1. and to convey the same al-mufa'alah (each act). understanding of muamalah can be divided into two: a. the command to commerce with the pleasure of each other or do not do it willingly and in a way that is false: ‫ر‬ ‫ن‬ ‫ر‬ ‫لَأالأ رن نت ر ك‬ ‫جراررةة ر‬ ‫من ن‬ ‫ض م‬ ‫عن نت رررضا ض‬ ‫هراضال ل م‬ ‫كنون رت م ر‬ ‫رنيراأني ي ر‬ ‫مب ري نن رك ك ن‬ ‫نوضال رك ك ن‬ ‫مكننوضاَأالت رأك ككلنوضاأ ن‬ ‫ذنيرنمآ ر‬ ‫م ر‬ ‫ممبرال نربراطم م م‬ ‫ه ر‬ ‫قت ككلنوضاأ رن ن ك‬ ‫نوَأالت ر ن‬ ‫مرا‬ ‫مرر م‬ ‫مإ ملنرالل ل ر‬ ‫ف ر‬ ‫حي ة‬ ‫كران رب مك ك ن‬ ‫سك ك ن‬ ‫كك ن‬ ‫م ر‬ Meaning: “Hai orang-orang yang beriman.”. From the above understanding. Muamalah in a broad sense: muamalah are the rules (laws) of Allah to organize man in relation to worldly affairs in social intercourse. Meaning The word muamalah comes from the Arabic (‫ )المعاملة‬is etymologically the same. So Muamalah in the strict sense are rules of God that must be obeyed. According to Rashid Rida is the exchange of goods or something useful in ways that have been determined. it is known that the jurisprudence muamalah are the rules (laws) of Allah which is intended to . DISCUSSION 1. Sources of law jurisprudence muamalah contained in the Quran is in Surah Annisa. According to Hudlari Beck. b. that govern the relation between human beings in relation to acquiring and developing property. kecuali dengan jalan perniagaan yang berlaku dengan suka sama-suka di antara kamu….S Annisa [4]: 29).B. (Q. As a terminology.

so that human needs are not limited to be met by means of satisfying needs are limited. so that all forms of fraud. 3. 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. Economic aspects in the study of jurisprudence is often called in Arabic with the term iqtishady. and the principle is: 1. except for transactions that do clearly have violated the rules of Shari'a. 2. Muamalah was spared from injustice. and Imam Ahmad. Muamalah was done that should bring serious benefits and rejects madarat for humans. without coercion from any party. . 3.regulate human life in worldly affairs or matters pertaining to the social rules and principles. namely: 1. accounts payable and usury. This rule submitted by Ulama Shafi'i. deception and fraud can be avoided. does not contradict the law. Every transaction basically binds people (parties) that the transaction itself. 4. manipulation. economic. 2. such as social. On muamalah origin was allowed until there is proof that shows on “keharamannya”. The terms of the transaction were designed and implemented independently but full responsibility. Syari (law) requires that every transaction planning and implementation is based on good intentions. 4. The scope of muamalah jurisprudence covers all aspects of human life. deception. speculation and other things that are not justified by law. Each transaction is carried out by means of voluntary. Maliki. legal and so on. Muamalah principles also recognize the openness in the transaction (contract). In fiqh muamalah explained about muamalah principles. Muamalah it must be done on the basis of consensual. In this paper we focus in economics relating to the sale and purchase. political.

Akad also valid with sign language which is understood from the dumb. What is needed is a mutual voluntary (blessing). in order that he not be fooled . because there are legal provisions in the contract with the purpose and meaning and not with words and forms of the word itself. Such as greeting seller: I sell. I take. Trading a. not being forced or consensual. I received.  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. Trading Principle a) Buyers and Sellers The Terms is:  Understanding . Definition of Trading Purchases are exchanging an item with other items in a certain way (contract) b.  By their own will. c) Lafadz Ijab and Kabul In Ijab Kabul there is no certainty use specific words. 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. I was willing or take the price. is realized in the form of taking and members or other means to show contentment and meaning based having. Because the signal for the mute is an expression of what is in his soul is like a greeting to the people who can .1." c. I give or it becomes yours and the buyer's speech: I buy.An insane person unauthorized in trading.

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. d) Khiyar Khiyar is seeking the good of the two cases. 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. which carry out sale and purchase or undo it. if the dumb to understand reading and writing. instead of sign language. so there will be no regrets in the future because they felt deceived.speak. Khiyar ‘Aib This means that the buying and selling of perfection required objects purchased. For the dumb berakad by writing. Held khiyar by Personality 'that the two people who were buying and selling can think of each kemashlahatan further. .

Definition of Debt-Receivable According to Etymologically.  similar goods (together) with not same size of the numbers Riba Qardhi. riba means excess payment without compensation or remuneration." b. 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.2. b. namely usury because the exchange of objects. as required Bagis one of two people who do Indeed. 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. Allah has permitted trading and forbidden usury ". Kinds of Riba  Riba Fadl. according to etymology. qardh mean al-qath'I is cut. Definition of Riba Riba according to etymology is excess or extra. Qardh must be treasure by Personality 'may be used / consumed. 3. (Al Baqoroh / 2: 27.  and understanding. Usury (Riba) a.  Ijab qabul should be made clear.  Muqtaridh (borrowing).  Qardh (things that borrowed)  Ijab qabul c. Debt-Receivable (Al-Qaradh) a. In the dictionary Al-Munawwir al-qardh mean al-sulfah ie loans. The Terms  The person conducting the ceremony must be of legal age. Debt-Receivable Principle  Muqridh (people that lend). .

Riba Yad. Riba nasi'ah. Prohibition of Riba  Damaging and Endangering Yourself  Adverse And Damned Others . c. usury is separated from a purchase contract before the handover between the seller and the buyer. is an additional required by the lender of the debtor in exchange for the postponement (delay) debt  payments.

Therefore. Thus some matters relating to the Islamic ruling on Muamalah. suggestions that are building in the completion of this paper is expected. or between a person and a legal entity. and a very limited time.CLOSING Muamalah is Islamic law relating to the rights and property arising from a transaction between a person and another person. Due to the lack of literature. then this simple paper many shortcomings. 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. .

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