Akad/Contract is bond (al-rabth), strengthening (al-tahakkum), or agreement/agreement (al-ittifaq). In particular, contract means the relationship between offer (ijab) and acceptance (qabul) in ways that are in accordance with Sharia which results in the legal status of the object of the contract *.
What distinguishes adultery from marriage is the existence of a contract, so the position of the contract is certainly very important, because it has legal consequences on an action.
Likewise, the contract in Sharia business, the legal consequences can be valid, damaged or even vanity, if valid means fulfilled pillars and conditions, if façade then things or conditions in the agreement that are not in accordance with Sharia must be removed, while if vanity then it must be canceled.
It is often found that contracts in business are not in accordance with Sharia, for example profit sharing contracts, Investors always ask for certainty of profit sharing of several percent, no matter whether the Entrepreneur experiences an increase or decrease in sales, if so then usury occurs, because in fact the profit sharing contract should not have a certain percentage certainty, but profit sharing follows the profit or sales profit, if it is a loss then what it is, is a business risk.
There are at least 3 types of contracts in sharia business, namely Akad:
Exchange (Muawadhah)
Contracts in which there are two objects that are exchanged between the parties, for example a sale and purchase agreement (bai'), between goods and goods or money, leasing contract (ijarah), between services and money.
Debts (Mudayanah)
Contracts that give rise to debt (dayn), such as qardh contracts, where one party gives money to another party, which will be returned at a later date. Salam contract, one party pays money in full at the beginning, the other party must deliver the goods according to the agreed time.
Fellowship (Musyarakah)
A business cooperation contract with a profit-sharing pattern, both profits and losses, such as a Syirkah contract, like the current company, there is a Syirkah Abdan because of the expertise of both parties, Syirkah Inan because there is a pooled capital, a mudharabah contract, one party is an investor and the other is an entrepreneur.
Wallahu a'lam bishawab
*) Teori Akad Mu'amalah Maliyah, Dr. K.H. Hasanudin, M.Ag. dan Prof. Dr. H. Jaih Mubarok, S.E., M.H., M.Ag. Penerbit Simbiosa Rekatama Media, Tahun 2020