Introduction

In the conventional economics especially in the liberal and capitalistic economics system it is only recognize the partnership that provides profits sharing mechanism and ignored the ethics. What if the economics activities or business not run as well as the hope? What if in the partnerships have some loss? These problems seems happened right now, when the capital economics system was collapse in last 2008 and suddenly the world change its direction in to the alternative economics system, that not only talking about profits sharing, but also talking about, the ethics, loss sharing, morality, fairness, social welfare, and economics justice. Islamic economics system might be recognized as the only alternative economics system for the world right now. In the general term, the Islamic economic system has some values instrument. That values instrument are; Zakat, the forbiddance of Usury, Islamic Economics partnership (Mudharabah, Musyarakah, Murabahah, Qard), Social insurance, and government interventions. As what written in the holy book, al-qur’an bellow:

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24. (David) said: “He has Undoubtedly wronged Thee In demanding Thy (single) ewe to be added to His (flock of) ewes: truly many are the partners (in business) who wrong Each other: not so do those who believe and work deeds of righteousness, and How few are they?”…and David gathered that we had tried him: He asked forgiveness of His Lord, fell down, bowing (in prostration), and turned (to Allah In repentance).

Based on the qur’anic verses above it can be taken that, Musyarakah is one of the instruments of Islamic economics system. What is musyarakah, what is the different between musyarakah and mudharaba,  and how musyarakh works beneficially and fairly in the economic activity or business. These questions will be defined in the short paper below.

The Definitions of Musyarakah (Etymologically, and according to the Islamic law’s)

I.I Etymologically,

Etymologically musyarakah refers to an Arabic word شَرِكَ-يَشْرُكُ  syarikah شَرِكَةُ (partnership or cooperation) musyarakah is the general term of profits sharing work which is two or more parties are taking apart in the funding and management of the work, with several proportion that could be same or different. The profits that are obtained from musyarakah would be divided according on the parties’ agreement as well, and the loss would be shared based on the owners’ capital proportions. In general, any muasyarakah activities is based on the intentions and wills that come from each party which are taking apart in the business or economics activities to develop their assets together in several joint works.

And according to the Islamic law’s, musyarakah is the agreement among two parties or mare which are agreed to take apart in several works to obtain some profits. In Indonesia itself, musyarakah becomes so popular and offered in almost conventional and Islamic Banks. In the public assumption musyarakah is one of the Islamic economics instruments that provides more benefits and fairness for businesspeople even though non-Muslim businesspeople.

I.II Musyarakah and its applications and its laws

Partnerships (musyarakah) are permitted, it concluded from prophetic decision about partnership. In the history record When Muhammad pbuh is commended by God as a prophet, the peoples at that period already interacting each other in business and other economics activities by implementing partnerships and the honored prophet was not prohibited and allowed. Muhammad pbuh in the hadist qudsy recited from Abu Hurairah reference:

Allah ‘Azza wa jalla said: I’am the third party among two parties which are taking apart together as long as no one do not cheating each other. If one party cheats others, I’ll leave both of them.

(H.R. Abu Daud, al-Baihaqi, and ad- Darul quthni)

What if the partnership or musyarakah is ran with non-Muslims? The partnership that run with non-Muslims is permitted. Imam Muslim ever referred from Abdullah bin Umar that declare: “Rasulullah pbuh ever employed khaibar people (the Jewish) by sharing for the harvest of fruits and plants”.

To have any musyrakah it has to be concerned about the rules and the principles of musyarakah. Generally, musyarakah has some rules; bellow:

1. There must be an agreement, statements and acceptance (ijab and qabul) among the parties who take in part of the musyarakah activity.

2. The parties who have the agreement have to know and understand the laws (Islamic and positive laws), and concern on the things mentioned bellow:

a. Each party has to provide the funds and employment.

b. The parties have their own right to manage the musyarakahs’ assets in business period.

c. Each party is authorized to do musyarakahs’ activity in the consideration of their partner right without purposed human error.

d. A party is not allowed to use musyarakahs’ assets for their own profits.

After understanding about the rules of musyarakah, we have to fulfill the principles bellow:

1. Agreement (ijab-qabul) statement and acceptance.

2. The parties who taking apart in works has to be expert in Islamic and Positive laws.

3. The object of Musyarakah (capitals and employments)

When these principles already fulfilled, the musyarakah activity can be done directly or representatively.

I.III The kinds of Musyarakah

1) Syirkah Inan

Partnership of two parties or more, that contributes both in capital and taking apart in its management.

2) Syirkah Abdan

Partnership of two or more parties, that both parties only take action doing in management/work and have no contributions in the capital.

3) Syirkah Mudharabah

Partnership of two or more parties, which a party contributes for capital and other contributes in works or in the contrary.

4) Syirkah Wujuh

Principally, this partnership is similar as syirkah mudharabah. The different is in the contribution of public figure in its partnership.

5) Syirkah Mufawadhah

Partnership of two or more parties, which is the combination of all kinds of partnership mentioned above.