Professional Documents
Culture Documents
Wakalah (delegate) is a hand on someone else to do something that he himself does and
can also be alternated work done at the time of his life.
Delegate a job to do yourself is considered legal under Islamic law. Such as buying and selling,
marriage, talaq, member, pledges and other related Muamalat
Thus we woke them up so they asked each other among themselves. Said one of them: How long
have you stayed (here)? ". They said:" We have stayed (perhaps) a day or half a day. "He said
(another):" Your Lord knows best how long you have stayed ( here). Now send one of you to go to
town with this money of yours and let him see which food is better, then let him bring the food to
you, and let him deal gently and do not make your case known to one."(Surah Al-Kahf: 19)
Al-Hadeeth
Prophet Muhammad said:
"From Jabir said: I went out to Khaybar, and then I came to the Prophet. Then he said,
"When you come to my representative in Khaibar, so take him 15 wasaq" (Reported by Abu
Dawud).
"From Jabir that the Prophet, slaughtering the sacrifice of 63 animals and slaughter animals
Ali radisuruh offer that has not been slaughtered (Reported by Muslim).
consensus
The scholars also agreed by consensus on the permissibility of the motifs helping wakalah
and, Help ye one another in the (working) righteousness and piety, but help ye not one another in
(doing) sin and transgression .... "(Surah Al-Ma'idah: 2)
Pillars wakalah
Pillars wakalah as follows,
1.Muwakil (donor)
2.Representative (donee)
3.Muwakkal fih (Something delegated)
4.Sighat (Lafaz delegate)
oTerms wakalah
Terms wakalh as follows,
1.a muwakkil
Should have full authority required for a job that will be delegated to others. With reason,
people who do not have the authority of a transaction, can not transfer all authority to others.
2. A representative
Required should be someone who understands and tamyiz. Small children, the insane, the
child has not tamyiz, may not be representative
3.Object delegated
a.Something that can be delegated. Like, buying and selling, mortgage, loan and lease
b.Unknown, then null delegate something that is still vague. Like, one said: "I have made thee
as my representative to marry one of my daughters."
Applications wakalah
The process of transferring money
This is a process that uses the concept of wakalah, where the process begins with the customer
demand as muwakkil the bank as a representative to the command / request to the bank to transfer
the money to the account of others, then the bank to debit the customer's account (if transfers from
account to account ), and the latter is where the bank credits the funds to the beneficiary account
number.
Akad Kafalah
Etymologically means a guarantee. Kafalah have a match that many ie dhamanah, pests, and
Za'amah,means al-dhaman (collateral), pests (expense) danzama'ah (liabilities). According to the
terms of the contract kafalah means of a guarantee given one party (kafil) to another party (Makful
'anhu) in which the guarantor is liable for the payment of a debt to the rights of the insured (Makful
Idle).
institutes
Al Quran
"He said:" I'm never going to let it go (go) with you, before you give me an undertaking in the name
of God, that ye will bring him back to me unless you are prevented. ' When they gave their promise,
then He said: "Allah is witness to what we say (this)".
Hadith
"It has been brought to Allah .. (the body of a man to dishalatkan). He asked "whether she has a
legacy?" The friend replied "no" He asked again, "if he has a debt? "They said" yes, number three
pence "The Prophet also told his companions to menshalatkannya (but he did not). Then the ashes
He said: "I guarantee ya Rasulullah debt", the Prophet was menshalatkan bodies, (HR. Bukhari).
While in Al-Ijma, scholars agree with kafalah as possible is needed in mu'amalah society. And so by
creditor is not harmed by the inability of the debtor
1. Guarantor (dhomin / kafiil), people who are not disabled muamalahnya legally, then the children
and idiots invalid.
2. Goods guarantee / debt (madhūm), that is something that can be replaced with a similar legally,
that debt or things other than money that is a treasure, so can not life or limb in qisas and hudud.
3. The guarantee (Makful him- / madhūm 'anhu), that is, those who claimed / owed either alive or
dead.
REQUIREMENT
1. Kafil ensure that persons who have reached puberty where it is required, intelligent, independent
in managing their property / not prevented spend and do his will.
2. Mafkul Idle. Of those who berpiutang, a condition known to the person berpiutang guarantee
because humans are not equal in terms of demand, there are hard and some are soft.
3. Makful 'anhu was the one who owes, not required for her willingness to guarantor for debt, in
principle, it must be soft, either the debtor voluntarily or not. But he'd better be willing / pleasure.
4. Al-Makful is debt, goods or people. Known also Madmun or Makful bih bih. Makfulndapat
required by his condition remains unknown and (set), both have been fixed and will be fixed.
5. sighat or lafadz is a statement uttered by a guarantor, required state sighat implied guarantee,
does not depend on something and not mean temporary.
In the mechanism of the banking system kafalah principles can be applied in the form of bank
guarantees by first starting with the opening of the facility is determined by the bank on the basis of
the analysis and evaluation of the customer will be given the facility. Kafalah facilities provided will
be shown in the administrative arrangement in the form of commitments and contingent.
Facilities that can be given with respect to the application of the principle of kafalah is a bank
guarantee and letter of credit facility. Kafalah function is the provision of a guarantee by a bank on
behalf of a related-parties to run their business more secure Amanda
because with this guarantee means that banks will take over the risk / obligation of the client, if the
client defaults / fails to meet its obligations.
The bank as an institution that guarantees this, would also benefit by increasing the wage income
they receive as compensation for services rendered