AQAD in syariah

INTRODUCTION
Contract comes from the Arabic 'aqada means binding or cemented. In language understanding is the bond, bind. It said bond (al-rabath) intention is to gather or collect two ends of the rope and tied one on the other, until both are concatenated and become like a rope that one.
In the Qur'an al-aqdu words contained in the letter of Al-Maidah paragraph 1, that humans are asked to meet akadnya. According to the Goddess Gemala SH he cites the opinion of Fathurrahman Djamil, the term al-aqdu be equated with the term verbentenis the Civil Code. [1]
According to Islamic jurisprudence means of the engagement contract, agreement and consensus (ittifaq). In this connection the role Ijab (statement to the bond) and qabul (declaration accepting the bond) is very influential on the object perikatannya, if the consent and qabul accordance with the provisions of Shari'ah, then comes the all legal consequences of the agreed contract.
According to Mustafa Az-Zarka a legally binding contract is performed by two or more parties who are equally eager to attach itself. The will of nature hidden in the heart, therefore declaring each must disclose in a statement called Ijab and qabul. [2]
General conditions to be fulfilled a contract according to the fiqh scholars, among others, those who do contract has competent legal act, the object of the contract must exist and can be submitted when the contract takes place, covenants and akadnya object not prohibited Personality ', there is no benefit, consent and qabul performed in a single assembly and contract goals must be clear and acknowledged Personality '.
That's why scholars of fiqh establish if the contract meets the requirements in harmony and have a binding force against those who perform the contract. This is in line with the Word of Allah. In the letter al-Maidah verse 5, which means "O you who believe, fulfill the contract-contract it.
In relation to Sharia banking practices and in terms of the intent and purpose of the contract itself can be classified to two types namely tabarru and Akad Akad tijari.
I. Akad tabarru
Tabarru contract is the contract that is intended to help others and simply hope pure pleasure and reward from Allah, there is absolutely no element of seeking the return, or a motive. Katagore contract that includes this type include Grant, Ibra, Wakalah, Kafalah, Eve, Rahn and Qirad .. [3]
Furthermore according to Islamic Eksiklopedi drafters included also in the category of contract tabarru like wadi'ah, Gifts, it is because of three things is a form of good deeds in helping others, therefore it is said that the contract tabarru is a transaction that is not commercially oriented or non- profit-oriented. The transaction model is in principle not for commercial gain but more emphasis on the spirit of mutual help in the goodness (ta'awanu alal Birri wattaqwa).


In this contract the parties do kabaikan (in this case the bank) does not require any benefits. However, it is permissible to ask the bank to cover administrative costs (cover the cost) to customer (counter-part) but it should not take profit from this contract.
GRANTS. (Giving)
Grant is a sense of ownership over something in life without asking for change. Grants are not valid except with the consent of the person who gives, but for the validity of the grant according to Imam Qudama of Umar that the validity of the grant is not required qabul statement of the gift recipient.
It is based on the hadith that Ibn Umar camel indebted to Umar, the Prophet said to Umar with his eyes. Umar said: Camel's for you, O Messenger of Allah. Prophet said: "The camel was for you, O Abdullah bin Umar, use as you please". Here there is no statement from the prophet qabul camels when receiving gifts, nor is there a statement of Ibn Umar qabul when you got it from Rasulullah.saw.
Giving (grant) is valid according to Personality 'with terms such as
- The grantor (Wahib) was able to manage finances.
- Grants (goods / property provided) must be clearly
- Ownership of the stuff that happens when giving grants (grant) is already in the hands of the recipient. (Muhab).



    1. IBRA
According to the meaning of the word the same as releasing Ibra, mengikhlaskan or abstain from something.
According to the Fiqh term receivables Ibra is an abortion and make it belonged to someone who owed.
According to Islamic shariah Ibra is a form of solidarity and mutual help in the virtues of Islamic law that is highly recommended, as stated in the letter of the word of God in al-Baqarah verse 280 which means:
"And if someone (who owes it) in a difficulty then give him a respite until he had to repay. And menyedekahkan part or the whole debt is better for you, if you know ".
In connection with Ibra especially in terms of defining the meaning of "penggugaran" and "ownership" fiqh scholars disagree, among others as follows:
Hanafis clerics declared that Ibra can be interpreted more abortion, although the meaning of ownership remain.
According to the Maliki madhhab in addition to aiming to abort receivable, Ibra can also abort the rights belong to someone if you want digugurkannya. When the property to an object invalidated by the owner, then his status as a grant.
According to the Shafi'i madhhab, some scholars say that Ibra implies ownership for people who owe debts. Some other scholars interpret the abortion, as proposed Hanafis.
Of all the opinions on the opinion of the minister, the latter is the most authentic.

    2. Wakalah
Al-Wakalah according to the Arabic language can be understood as an at-Tafwidh. What is meant is a form of submission, pendelagasian or mandate from one person to another of his own beliefs. What is meant in this discussion which is one power of attorney, one type of contract that is devolution of power by one person to another in the things represented.
Mensyari'atkan al-Islam wakalah because humans need it. This is because not everyone has the ability or opportunity to settle their own affairs, sometimes a person needs the opportunity to delegate a job / personal affairs to someone else to represent himself. Proposition Personality 'which allow wakalah found in the word of God to the letter of Al-Kahf: 19, which translates as follows:.
So ... Have one of you go to town with the money perakmu this, and let him see what a better makakan And please bring some food for you, and let him apply gentle and do not ever tell anyone halmu " .
In this verse described the departure of one of the ash-habul kahf acting for and on behalf of his colleagues as their representative in selecting and buying food.
Also in verse 55 of uric Joseph mentioned that translation: "He (Joseph) said:" Make me the treasurer country (Egypt) because I'm really good at keeping people and knowledgeable ".
In this context the prophet Joseph is ready to be representative and carrier of the mandate to maintain. Federal Rserve "the land of Egypt.
Besides the verses of the Koran there is also a hadith narrated by Imam Muhammad Malik contained in the book Al-Muawaththa which means:
"Behold, the Prophet Muhammad to Abu Rafii and represents one of the Helpers to represent him marry Maimunah bint Harith.


In the daily life of the Messenger of Allah has been delegating to others for a variety of matters, such as paying debts, and pay determination Had, camel handling, dividing the cage and other animals.
Hence the scholars agree that the argument is also based with the permissibility wakalah ijma scholars and even some scholars who until mensunnahkannya the grounds because it is the kind of mutual help ta'awun or form on the basis of goodness.
Power of attorney, application in the context of contract tabarru in the form of Sharia banking services, which provide services wakalah Sharia Bank, as the representative of the customer as an endorser (muwakil) to do something (taukil). In this case the Bank will get a wage or administrative costs for these services. For example, banks can be a representative to make payment of electricity bill or telephone to the electric company or telephone company.



    3. Kafalah (Guaranty)
Kafalah means understanding the language of al-dhaman (guarantee), hamalah (load) and za'amah (dependents). While according to the terms is an agreement granting the guarantees given by one party to another, where the collateral giver (kaafil) responsible for repayment of a debt that is rightfully receiving assurance (makful).
In another sense, kafalah Berti also transferred responsibility for someone who is guaranteed to hold on to someone else's responsibility as a guarantor.
Basic disyari'atkan kafalah Word of God in Joseph's letter of verse 72: the translation is:
"We lost the measuring equipment and who can return it will get a camel load of food weighing, and I guarantee it"


In the words Za'im meaning guarantor, in relation to this story of Prophet Yusuf AS gharim or the person responsible for payment.

    4. Eve
In Shariah Banking enseklopedi Eve can be called also Hiwalah which means intiqal (displacement), transfer, or change something or carrying something over his shoulder.
According to Eve term debt is defined as the transfer of debt borne by the recipient (ashil) to tannggugan who bertanggujawab (mushal over) with
how the amplifier. Or in other words the transfer of rights or obligations that do a person (first party) who was no longer able to pay it to the second party that has the ability to take over or to demand payment of the debt / or to pay debts to third parties.



    5. Rahn (Pledge)
Understanding Pledge (Rahn)
Lien (Rahn) is etymologically (linguistic approach / lughawi) same understanding with ????- ????-? which means the fixed, eternal, prisoners.
Lien (rahn) within the meaning of terminology (the term) there are several opinions, including by Sayyid Sabiq, Rahn was taken hostage a number of property delivered as security is right, but can be taken back as a ransom.
According to Muhammad Shafi Antonio, Rahn (Pledge) is holding one sipeminjam property as collateral for loans it receives. Detained goods have economic value, thereby holding the parties to obtain guarantees can take back all or part of its accounts receivable.

    6. Qard al-Hasan Qardul
Qard meaningful loan was al-hasan is good. So Qardul Hasan is a contract agreement qard socially oriented to help ease the burden on someone who needs help. In agreement, a Sharia Bank as a creditor gives a loan to the party (customer) with the provisions of the borrower will return the loan at the time specified in the contract agreement with the amount of return when the loan was granted.
Qardul Hasan or benevolent loan agreement is a contract software diberikn solely on the basis of social obligation, on the basis taa'wun (please help) to those who are classified as weak economy, where the borrower is not obligated to return anything other than loan capital.
9. Wadi'ah (Trustee Depository)
Understanding in terms of language is to leave something or separate. In the Indonesian language diartuikan as a trust.
Wadi'ah term means rule according to others to keep their property, either sharih (obviously) as well as dilalah (implied). Or engage others in maintaining the property, either by clear expression or through gesture, example: "Leave me this bag for you" and then the man replied "I accept" So wadi'ah completed the contract.
As with other types of contract, wadi'ah also a contract that is mutual help between fellow human beings. The scholars agreed that the contract is a contract wadi'ah binding for both parties. Wadi 'or the party receiving tuitipan be responsible for the goods entrusted to him, which means accepting the mandate to preserve it.
II. Akad tijari
Tijari contract is an agreement that commercial profit-oriented (for propfit oriented) In this agreement each party is entitled to contract for profit. Inside Sharia Banks usually belonging to this contract include: Murabaha, Salam, Istisna, Musharaka, Mudaraba, Ijarah, Ijarah muntahiya bittamlik, Sharf, Muzaraah, Mukhabarah and Barter.



    1. MURABAHAH (Defered Payment Sale)
According to the definition of Fiqh Ulama Murabaha is a contract of sale and purchase of certain goods. In these sales transasksi seller clearly indicating the items to be purchased include the purchase price of goods and benefits to be taken.
In Islamic banking, Murabahah is a sale and purchase contract between the bank as the provider of goods to customers who book to buy goods. Of these transactions the bank to benefit mutually agreed upon purchase. In addition murabaha is also a provider of financing by the banks through the purchase and sale transactions with the customer by installments. In this case the bank financed the purchase of items needed by the customer by buying goods from suppliers and then mejualnya to customers by adding the cost of benefits (cost-plus profit) and this is done through negotiations between the bank prior to the customer concerned.
Ownership of goods will be transferred to the customer in accordance with propisional installments already paid. Thus, items purchased serves as collateral until the entire fee paid.
2.MUDHARABAH
Technically Mudaraba is a joint venture agreement between two parties in which the first party (Shahibul mall) provides a whole (100%) of capital while the other party becomes the manager. Business profits are divided according to the agreement mudaraba set forth in the contract.
The basis of sharia, among others, al-Qur'an al-Muzammil letter verse 20, Surat al-jumu'a verse 10 and the letter of al-Baqarah verse 198. From Al-Hadith and Ibn Majah Thabrani history and ijma of the Companions.
In general, Mudaraba is divided to two types, the first mudaraba muthlaqah and mudaraba muqayyadah.
The definition of mudaraba muthlaqah is a form of cooperation between Shahibul mudharib mall with a very broad scope and limited by the specification of the type of effort, time and area businesses.
While mudaraba muqayyadah is the opposite of mudaraba muthlaqah. The mudharib limited by specifying the type of effort, time and place of business. The existence of these restrictions are usually reflects a general trend in the mall Shahibul entering the business world types.
3. Ijarah
Understanding the etymology is also called al-ijara ajru (wages) or al-iwadh (replace). Ijarah is also called rent, services or rewards. Meanwhile, according to Personality 'Ijara is one form of activity mu'amalah in meeting human needs, such as leasing and hire or sell services, or according to Sayid Sabiq Ijara is a type of contract to benefit by way of reimbursement.
According to Imam Hanafi Fiqh Ulama Ijarah is a transaction of any benefit in return. While according to the Shafi'i Ulema Ijarah is a transaction against a benefit to go to, certain, are permissible and can be used with a certain return. While according to the Maliki and Hanbali Ulema Ijarah is the ownership benefits of what is permitted within a certain time with a reward.
Based on the definition of the scholars such schools, there is overwhelming agreement that the essential element in the Ijarah financing of benefits on the leased goods both services, and the return for the agreed value in the transaction.
4. Ijarah muntahiya bittamlik
This transaction is a kind of combination of contract (contract) with the sale and purchase
lease contract, which ended with the ownership of goods in the hands of the tenant. The nature of the transfer of ownership is what distinguishes ordinary ijara premises.
The shape of this contract depends on what is agreed by both contracting parties. For example al-ijara and promise to sell; the rental value which they set in al-ijara; prices of goods in a sale transaction and when ownership is transferred.
Application in sharia banking in the form operasing dioprasionalisasikan lease or financial lease. However, in general, banks are more uses ijarah bittamlik muntahiya this because it is more simple than the bookkeeping. In addition the bank had not bothered to take care of maintenance of assets, either during the lease and thereafter.



    5. SALAM, BAI '(Infron of Payment Sale).
Regards etymologically means the Salaf (the introduction) a significant contract or sale / manufacture something that agreed with certain criteria in tempo (dependents), was hasten payment.
Bai'i greeting is a financing services related to buying and selling of goods, while the payment is made upfront fee but rather based on profit (margin). In other words Ba'i greeting is a free service-paid purchase of goods.
According to the fuqaha named by Al-Salam Ba'i Mahawij (urgent items). The practice of buying and selling is done without any belongings in place, while the two parties to conduct sale and purchase, on urgent basis.
Ba'i regards the legal basis is the same as the legal basis of the bargain which disyari'atkan in the Qur'an, such as the Word of God in Surat al-Baqara 282 which means:


"O ye who believe if you do not bermu'amalah in cash for the specified time, then let you write it"

    6. Istishna (Purchase by order or Manufacture)
Istishna is a sale and purchase transactions between mustashni '(buyer) with shani'i (producer) where the goods to be traded must be booked in advance with clear criteria.
Etymologically, istishna it is asked for. Thus, according to scholars istishna jumhur with greetings, because of the object / goods ordered must be made in advance with certain characteristics such as greetings. The difference lies in the system of payment, if payment is made before the goods greetings received, in istishna be at the beginning, middle or end after the order is received.



    7. Musharaka
Musharaka is an agreement of cooperation between two or more parties to a particular business in which each party contributes money (or charity / expertise) with the agreement that the benefits and risks will be borne jointly according to agreement.
Musharaka there are two types: first and second ownership Musharaka Musharaka contract (contract). Musharaka ownership created by inheritance, will or other conditions that result in ownership of an asset by two or more people. In Musharaka, the ownership of two or more people share in a tangible asset and also share the profits generated from those assets.


8. Sharf (Foreign Exchange / Money Changer)
Sarf according to the meaning of the word is the addition, exchanges, avoidance, pemalingan, or purchase and sale transactions. Meanwhile, according to a contract term is buying and selling currencies (exchange) with other currencies, either with other similar currency or other currencies.
According to the definition of clerical sarf is traded money with that kind of money or not similar, such as buying and selling with dinars dinars, dirhams or dinars to dirhams with dirhams. Transactions sarf on world economies today are often found on the banks exchange foreign currency or money changer, such as buying and selling dollars in the United States dollar (U.S. $) or other currencies.
The legal basis for buying and selling is allowed according to the interpretation of the scholars sarf is the word of the Prophet Muhammad who narrated the hadith of Jamaat Experts Ubadah bin Samit except Bukhari states: The meaning "..... buying and selling gold with gold, silver for silver, wheat by gadum, dates with dates, grapes with wine, (if) one type (should) kuialitas and quantity and made in cash. If the type is different, then sell it in accordance with the terms of your will with cash.
8. Muzara'ah (Harvest Yield Profit Sharing)
Al-muzara'ah is an agreement of cooperation between the processing of agricultural landowners and tenants, in which landowners provide to the tenants of agricultural land to be planted and maintained in exchange for a certain part (percentage) of the crop.
Muzara'ah often identified with mukhabarah. Where there is little difference between them, among others, when the seed of the land owner then called muzara'ah, but when the seeds of the tenants then called mukhabarah.
The legal basis syari'ahnya include a history of Al-Hadith of Ibn Umar that the Prophet Muhammad had to give the land of Khaibar to the population (at that time they were still Jews) for cultivation in return for sharing the fruits and plants. So also is said to Abu Ja'far Ijma as "No single house in Medina except the inhabitants cultivate the land in muzara'ah with the division of the 1 / 3 and ¼. This has been done by Sayyidina Ali, Sa'ad ibn Abi Waqash, Ibn Mas'ud, 'Umar bin Abdul Aziz, Qasim, Abu Bakr and family Urwah Ali's family.
9. MUKHABARAH
As mentioned above that is often associated with muzara'ah Mukhabarah, therefore the discussion of the contract is similar to the discussion muzara'ah only in terms of seed used is derived from the tillers of the soil.


10. BARTER
The meaning of this agreement granting a voluntary barter goods or services in exchange for the acquisition of goods or services of different nature, on the basis of mutual consent. For example, A and B each have the goods, A property like B, and vice versa. So logically they desire to exchange the necessary approval. Therefore, a change of ownership in exchange for goods from one individual to another.
For example, someone having a kilogram of apples are exchanged with his friend's mango. Through this process, which is now owned by one kilogram of apples that previously belonged to someone else. Form of ownership of apple it is (hiazat), or productive activities or services.
Ownership through barter is referred to as a second level of ownership. because, possession of a kilogram of mango previously necessitated a possession of one kilogram of apples, whether through the acquisition of productive activity or service.
In the bartering, the two values ​​are confronted with each other, and the acquisition of the values ​​embodied in a single calendar item requires one other value. However, the prerequisite that ensures the transfer of ownership is the earlier acquisition of goods obtained through the general steps hiazat, (productive activities or services).
Similarly, a service likely to be exchanged for other types of services. Example of a doctor and a painter can only agree, that in exchange for the cost of treatment provided doctors, painters paint the buildings owned by physicians. So that the doctor would be the owner of the painters working for a specified period and subject to all provisions of a mutually agreed upon. In this case the physician ownership on the painters work is second-degree possession of forming elements, and any unilateral cancellation of the agreement will lead to the violation.




CONCLUSION
Based on these explanations above can be summarized as follows:

    Contract is a commitment, agreement and consensus (ittifaq) which disepakai by two or more parties and diimplimentasiikan in Ijab (statement to the bond) and qabul (declaration accepting the bond) is justified by the Personality 'and the legal consequences of its object.
    The types that are applicable Akad perbankkan Shariah consists of covenants tabarru and Tijari.Yang including type tabarru is Grant, Ibra, Wakalah, Kafalah, Eve, Rahn, Qirad, wadi'ah, Gifts. While the classified contract tijari, Murabaha, Mudaraba, Ijarah, Ijarah muntahiya Bittamlik, Salam, Istisna, Musharakah, Sharf, Muzaraah, Mukhabarah and Barter.




REFERENCES
------------- Al-Qur 'an and terjemahnya Khadim Haramain ash Syarifain, Mamlakah Arabiah Asuudiyah
------------- Dr. Habib Nazir, Muhammad Hasanuddin, S.Ag. Encyclopedia of Economics and Shariah Banking, Skyline, New York, 2004.
------------- Gemala Goddess, Wirdyaningsih, Yeni Salma Barlinti, engagement Islamic Law in Indonesia, Prenada Media, Jakarta 2005
------------- Dr. Muhammad Rawwas Qal'ahji, Fiqh Encyclopedia Umar bin Khattab ra, King Grapindo Persada, Jakarta, 1999.
------------- Antonio Muhammad Shafi, Bank Syariah from theory to practice Gema Insani, Jakarta, 2001.