Teori Akad Fiqih Muamalah

Explanation of Contract Theory in Fiqh Muamalah By Muhmmad Abdul Wahab, Lc.
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This Android application is an Explanation of Contract Theory in Fiqh Muamalah By Muhmmad Abdul Wahab, Lc. In PDF format.

Contract Theory in Fiqh Muamalah

A. Introduction
Assets that are legally owned by a person cannot be legally used for economic transactions, if the owner of the property does not enter into an agreement (contract) with the second party (contract partner) which is realized by a consent granted. In the study of muamalat fiqh, contracts have rules and conditions, so this brief article will discuss the meaning of contracts, the position of contracts in muamalah, the pillars of the contract, the terms of the contract, the principle of freedom of contract and the limitations of the contract in muamalah fiqh.

B. Definition of Akad
In Arabic, the contract comes from the word 'aqada which means binding. The point is to collect or collect two ends of the rope and tie one of them to the other so that the two are connected and become one single rope.

The word 'aqada also means to harden or freeze. It is used to express a liquid object that hardens because it is cooled or heated.2 The word contract in Arabic also means guarantee or agreement.

Whereas a contract in Indonesian is known as an agreement, engagement, or contract. 4 Agreement means an event in which a person promises to another person or another party (individual or legal entity) or an event in which two people or parties mutually promise to do something p.5

In terms of fiqh, there are two definitions of contract according to the scholars, namely the definition of contract in general and the definition of contract in particular.


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