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Writer's pictureWimpow Panjaitan

Three Categories of Muamalah Maliyah Contracts

You may not be familiar with the words 'Muamalah Maliyah' or 'Akad', other than 'Marriage Contract', but perhaps you hear the usual credit agreement, especially if you have experienced it, a credit contract is indeed a contract, so a muamalah maliyah contract is a contract related to assets of a person with another person including legal entity with legal entity.


Actually it is not difficult to understand Muamalah Maliyah, simply there are only three major categories of Muamalah Maliyah contracts.


Before discussing what the Muamalah Maliyah contract is, you need to know that Rasulullah Solallohu alaihi wasalam once said:


"There will come a time when mankind will no longer care about how to get wealth, whether through lawful or unlawful means." (Narrated by Bukhari)

When did this period occur? wallahu a'lam bishawab, it could be happening, it could still be happening, or when it is happening, what is clear is that studying Muamalah Maliyah is indeed very important. Then what are the three contracts of Muamalah Maliyah? :


Category #1: Fardhu Contracts


Fardhu contract is a contract that you must do, for example Zakat Mal, after your assets have met the threshold of being subject to Zakat and it has been stored for one Hijriyah year, then you are obliged to pay Zakat, apart from Zakat Mal, there is Zakat for Trade and Zakat for Agriculture.

Category #2: Tabarru Contracts


The Tabarru contract is a contract for helping each other, the tabarru contract is the most numerous contract, unfortunately in a secular economy, this tabarru contract is actually commercialized, so it's no wonder the secular economy sucks profits in an extraordinarily sadistic manner. One of the tabarru contracts is a credit contract (Qardh) or a debt/debt contract, a contract that is currently widely used in the banking world, an agreement that should be selfless help, is actually the main source of income with interest compensation in the form of usury, it is assumed that usury is the same as profit. in buying and selling, even though it is very different.


In addition to Qardh contracts, there are grants, gifts, alms, Rahn (pawn) contracts, Wadiah (entrusted) contracts, Kafalah contracts (guarantees), hawalah contracts (take over debt), sharf contracts (money exchange), not to mention waqf. All of these Tabarru Contracts also exist in financial and banking institutions, with different languages and words, but the form is the same, the substance is the same, what distinguishes them is the benefits they take from the Tabarru Contract.


Category #3: Mu'awadhah Contracts


This is a contract that must seek profit, the Mu'awadhah contract is a commercial contract, so if you want profit, you want to do business, you want to do business, then use the Mu'awadhah contract, then it's fair, it's mutually beneficial.


One Party has money, then needs an item, then the other Party owns the item, then sells it, a sale or Tijarah Agreement occurs, the exchange of halal and useful goods for money, is fair. In addition to Tijarah Contracts, there are Ijarah Contracts or Leasing Contracts, then Nisbah Contracts or Profit Sharing Contracts such as Mudharabah and Musyarakah, then Sales Contracts or Performance-based Contracts including Samsarah Contracts like today's Resellers. Of the four main contracts, namely the Tijarah, Ijarah, Nisbah and Julah contracts, there are many forms of derivatives, so that the wealth of every human being is guaranteed and runs fairly, without having to exploit other people's assets with the tabarru contract.


Prior to the Mu'awadhah Contract, there was a Company Contract, either by way of Shakti (Individual) or by Syirkah (Joint).


Closing


In closing, there are simply three Muamalah Maliyah Contracts, the first is the Fardhu Contract or the Compulsory Contract, the second is the Tabarru Contract or Mutual Assistance Contract, the third is the Mu'awadhah Contract or Commercial Contract.

Wallahu a'lam bishawab

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