Contract in Sharia Business

Contract has become a means of exchange of goods between sellers and buyers. Sellers receive cash payment and the buyer gets the goods. As a consequence, the seller can benefit from the proceeds, and instead purchase can take advantage of the goods purchased.


Pillars of the Agreement
There are three important things related to the contract:

1. Parties who contract
2. Shighah (statement of consent-qobul)
3. Ma `Qud` alaihi (Object contract)

The majority of scholars have argued that the three things above are harmonious in the contract. While schools Hanafiyah found harmony shighah contract only. The parties to a contract and the object of the contract is only a consequence of the shighah and not harmonious. (__, Mausu `ah al-al-al-Kuwaitiyah fiqhiyah, the Ministry of Awqaf and Islamic Affairs of Kuwait, 30/200).

Contract divided to several parts following different points of view. Among them is the nature of the distribution agreement following the syarak aspect, and the aspect of whether or not there who asked for his impression of the contract.

1. Nature of the distribution agreement following the syarak aspects, divided to several types iaitu sahih (صحيح) , batil(باطل), nafiz (نافذ), mauquf  (موقوف), lazim (لازم) and ja’iz (جائز).
• Agreement valid contract is the perfect all in harmony and conditions set syarak and no arbitrary elements and properties that should remove it from the dubious legal thought in terms of sharia. The law of this contract is valid and sickle necessarily best impression sake only completed consent and qabul if no khiyar in buying and selling.
• contract vanity is a contract that is not perfect (defect) terms and the pillars of the Agreement. Contract law as it is not valid and does not bear any impression whatsoever.
• Nafiz Agreement is a contract that came from someone who has the feasibility and the power to do so. The statute is a contract as soon as it publishes sake only impression he made, without subjection to graduation and one's imprimatur.
• mauquf Agreement is a contract that came from someone who has feasibility to contract, but he does not have the power to do such a contract made ​​by a child who mumaiyiz for existing contracts risk of profit and loss. This contract is legal should not bear any impression but after graduation and received approval by the owner of the power to do it. If the copyright owner does not mempersetujui or meluluskannya then the contract is void.
• lazim Agreement is a contract that is not common either allow the requesting party to cancel the contract without the consent of another party such as a lease and purchase contracts.
• jaiz Agreement is allowed but not required contract that allows either party to cancel the contract without any further consent of the parties as power of attorney contract.
2. The division of the aspects of the contract or no contract made ​​his impression on too divided to munjiz(منجز), muallaq (معلق) and mustaqbali (مستقبلى).

• munjiz Agreement is a contract made with lafadz were not hung with a condition and not based on the period before implementation. This is like a contract immediately upon issuing impression sake only as good as his contract was formed.
• Agreement muallaq is associated with the original contract his form something else. Had the case form the finished contract, otherwise it is not a contract shall apply. For example, so-and-so A says to B so-and-so, "if I were out of the country then thou be my deputy." This is like a contract will not be formed but that the associated requirement.
• mustaqbali Agreement is a contract made with lafadz acceptance was based on the future. Contract law or the form it will take effect immediately, but it sounded nothing except at the designated time, it iaitua resting regulations. (al-Zuhaily, Wahbah, Fiqh and Islamic law, jld.4, hlm.235-248 and al-Banhawi, Mohd Abdul Fatah, 1999, Fiqh al-Muamalat Dirasah Muqaranah, gathering of al-Azhar University, Tanta, hlm.11-14.).

Purchase Contract and The Types

The word al-bai '(sale and purchase) of aspects of language intended to exchange an item with a different item. From the point anyway syarak term, al-bai 'has a lot of sense given the scholars. According to the Hanafi School, is an exchange sale and purchase of an asset with other assets follow a certain way. Or swap preferred something with something else that is also favored by some way worthwhile namely with the offer or performance-pointed. Syafie sect, buying and selling property is exchanging something with another property, both of which may be controlled, with the consent and qabul in a manner permitted by syarak (al-Husaini, Muhammad ibn Abi Bakr, 2005, Kifayatul Akhyar fi halli ghayat al -overview, Dar al-Salam, al-Qahirah, Misr, hlm.305). Al-Bai 'is also a property exchange contracts that give someone the right to have something material or benefits forever, not with the aim of al-qurbah (accompanying himself to God) (Mughni al-muhtaj, jld.3, hlm.2).
trading arrangements have sickle with nas al-Quran, Hadith and ijma. There are more than ten types of sale and purchase agreement in Islam that may apply in differing shapes and images. Among the types of buying and selling the contract are:

• Bai 'al-sil'ah bi al-naqd (بيع السلعة بالنقد): the sale and purchase of any goods in the currency. This type is the most widespread effect among humans. An example is buying a shirt with Malaysian Ringgit or U.S. Dollars and for instance.
• Bai 'al-muqayadhah (بيع المقايضة): the sale and purchase of any goods with goods, such as selling clothes to beg or sell farm animals with rice and so on.
• Bai 'al-salam (بيع السلم): the sale and purchase of goods is a tough thing to pay the price in cash, such as selling goods that have been characterized granular form, specification, quality and quantity in detail the price is paid in cash, when the deferred delivery at a specified time.
• Bai 'al-Sharf (بيع الصرف): namely buying and selling currencies in the currency of the same or differing types, such as selling gold for gold, silver with silver or gold with silver, Malaysian ringgit with Saudi rial and so on.
• Bai 'al-murabaha (بيع المرابحة): the sale and purchase of any goods at boarding with additional profit margins, such as selling something valuable items priced boarding and RM100 plus RM10 as well as profit margins are dipersetujui by both parties.
• Bai 'al-wadhiah (بيع الوضيعة): he is opposed to the sale and purchase of the murabaha, that the sale made on any goods at a price cheaper than boarding, as the prices of goods are sold at RM10 and RM9 or lower .
• Bai 'al-tauliah (بيع التولية): the sale and purchase of any item for more mahupun kos no less than price. As items sold at RM100 worth RM100.
• Bai 'al-urbun (بيع العربون): it is a form of trading in which buyers pay some money preliminary. Had forwarded the purchase money will be partly preliminary than the price of goods. If not, then the money will not be returned to him.
• Bai 'al-talji'ah (بيع التلجئة): is a form of sale made by the seller in the narrow (forced) his deep worry and fear of his property is taken by someone else. To save his property, he agreed with someone for menzahirkan purchase contract and hide the real destination. Like to sell the house to evade auctioned by banks or accounts receivable.
• Bai 'al-wafa' (بيع الوفاء): namely barangdengan purchase requirement if the seller pays the original price of the goods sold, the buyer will return the original item sold to the seller.
• Bai 'al-istishna' (بيع الاستصناع): the buying and selling of goods in the form of certain acts tempahan with certain specifications that require the seller, pemaju, pengilan or others make ditempah goods to the buyer.
• Bai 'al-inah (بيع العينة): the prevailing trading between buyers and sellers, where sellers sell the asset to the buyer at a higher price tough, then the seller to buy the assets than the original buyer with a lower cash price. The opposite may apply.

In conclusion, the diversity of forms and other types of contract, in particular the sale and purchase agreement showing the uniqueness of the system Muamalat in Islam. Diversity of forms and types is none other than to satisfy hunger and maslahah needed by humans in this life on earth. Hopefully this will benefit and guide us in the direction of understanding the contract and contracts in Islamic law.