The basic of fiqh muamalah
The definition of Fiqh
Literally Fiqh refers to an Arabic word al-fahm al-daqiq means a deep understanding. Legally it means the knowledge of the shar’I ahkam legal rules, pertaining to be conduct, that have been derived from their specific evidences. It supposed to be studied to derives the legal rules of conduct and concludes them beased on the method that have been described.
The division of fiqh
Fiqh is divided into two; fiqh Ibadah and fiqh muamalat.
Fiqh ibadah is the Islamic laws that regulate the practicing of worship and the relation among human and their God. (The five prayers, fasting and pilgrimage) (Anything is forbidden up to there are some provisions that command it)
Fiqh Muamalah is the Islamic laws that regulate the relations among humans being and all their acts and interconnections. (Anything is permitted up to there are some provisions that forbid it)
The scope of fiqh muamalah
The law related to all aspects of human life.
The law related to Government system and human rights.
The law related to financial acrtivities.
The law related to Crimes.
The law related to national’s budget.
The law related to Non-Muslim peoples who live in Muslim country.
The law related to the process of laws.
Wealth in the perspective of Islam
The definition of wealth
A Wealth could be defined as something valuable, profitable and interesting for human beings that could be used only in the normal capacity.
Is wealth included as a right (haq) or function (manfaah)?
There are two views to answer this question;
First views comes from hanafiahism, according to them, right or functions of wealth is not regarded as properties and second views comes from jumhur ulamas, according to them right or function of wealth is regarded as property.
The position of wealth in Islam
1. Wealth is amanah (trust) for human beings and the only wealth owner is Allah SWT
2. Wealth is only a tool of life and not the purpose of life.
3. Property is regarded as the basic necessities of human beings.
4. Islam allows his people to get wealth as many as possible but, it should be balanced by paying zakat and other charities.
The division of wealth:
1. Mal Muttaqawwim (the allowed wealth to be used) & Ghair Muttaqawwim (the unallowed wealth: stolen shoes etc)
2. Mal Mitsli (common wealth) and Mal Qimi (scared wealth)
3. Istihlak (durable wealth: matches) & Isti’mal (endurable wealth: land)
4. Manqul (car, bikes, etc) & Ghair manqul (house, apartment etc)
5. Mal ‘Ain (houses, bonds, stocks) & Mal al-nafi’I (developing wealth: Jati, Cacao)
The functions of wealth
Al-Milkiyyah (the possession)
Possession is the specialty of someone to own something as long as there are no syariah barriers (syariah disallowance).
The division of al-milkiyyah:
1. Al-milkiyyah at-thammah (a complete possession)
The possession’s of good physically and beneficially.
2. Al-milikiyyah an-naqisah (incomplete possession)
The possession’s of good only its physic or its benefit. (car retal n house)
The causes of al-milkiyyah
1. Ikhrajul Mubahah (something that is mubah: fish in the river, waters, airs)
2. Khalafiyah (turn-overing the possession’s of right from a party to another: at-tirkah: inheritance)
3. Khalafiyah syaiin ‘ala syaiin (the repayment of something we have broken before)
4. Tawaluq min Mamluq
5. Al-uqud (contracts: the speciality given by syariah to someone to own something for acting on it freely)
The contracts in Islam
Tasharruf (everything comes from a human being on their own intention and it being determined by the syariah compliance its several rights. (tasharruf fi’li and tasarruf qauli)
The definition of contract
Contract refers to an Arabic word ‘aqada means an agreement, a rope, that connects some peoples to be involved to a certain agreement.
A contract is a restricted connection among ‘ijab (offer) and qabul (acceptance) based on syariah compliances which caused into law’s barriers when it being agreed by the offerer and acceptor.
The conditions of Offer and Acceptance:
1. The offerer and acceptor both clearly declare their intention to take an offer and acceptance.
2. The relevancy of offer and acceptance.
3. Each party known other’s real intention clearly.
4. The moment of acceptance (majlis aqad)
The element of contract:
1. Aqid refers to someone who act a contract (it should be two parties)
2. Ma’qud ‘alaih refers to something that becomes the object of a contract)
3. Maudhu’ al-aqd refers to the main objectives of a contract.
4. Shighat al-aqd the statement that related to the oral acts (offer and acceptance)
The conditions of a contract:
1. The aqid should be lawful and compatible physically and mentally to perform a contract.
2. The lawful objects.
3. The contract should be caused into some advantages.
4. A complete Ijab and qabul.
The types of contract:
1. Aqad munjiz (direct implementing contract)
2. Aqad mu’alaq (predetermined: delivery etc of contract)
3. Aqad Mudhaf (determined contract)
The definition of usury
Usury is an addition, increasing or growth or some additional value that obtained by one party from other without any conditioned before weather in the sale and purchase or leading’s contracts.
Types of usury:
1. Riba duyun ( the interest of debt )
2. Riba buyu’ (barter: uncertain take and give)( the interest of sale and purchase )
Why usury is forbidden?
Because, it’s assumed as the cruelest crime in Islam. It consists of some dangerous and damages. Such as:
1. The physiological impacts (usury encourage a selfish that caused into individualism ignorance of the social problems)
2. The social impacts (usury causes some hates and separations among the society)
3. The economical impact (unfair economic wealth distribution)