Inan's Syirkah Law Is Change, Here's The Explanation And Application

YOGYAKARTA - In the muamalah chapter there is a syirkah term which is understood as part of buying and selling transactions and cooperation. Syirkah is divided into five types, one of which is syirkah inan. In Islam itself, the law of syirkah inan is mubah, this is as mentioned in the following historical hadith of Abu Daud:

"Among the two people who worked together was Allah subhanahu wa ta'ala as a third party, as long as one of them did not betray the other party."

In language, syirkah means the same as al-ikhtilah, namely fellowship, partnership, profit sharing, or cooperation. As for the term, syirkah is a permit to use two people's assets together, but each has the right to use it.

Syirkah is a form of cooperation between two people or more in the capital they have to trade and share profits between them.

This type of cooperation is widely used in berror activities. In order to understand more in detail, see a complete explanation of the syirkah with examples of its application in Islam below.

Quoted from the book Fiqih Muamalah: A Comprehensive Study of Islamic Economy by Ainul Yaqin, Syirkah inan is a syirkah between two parties or more, each of which contributes in the form of work (amal) and capital (mal). Based on the argument of as-Sunnah and ljma Sahabat, this Syirkah is permissible.

In syirkah, people who make transactions are not required to be able to carry out the caliphate contract, just like children who are allowed to trade. In addition, in syirkah, there is also no need for capital equality.

It is permissible if one party has more capital, or one of them has assets that are not included in the syirkah contract. Syirkah can be run on all types of trade or only specifically in certain trades, such as trading grains, fabrics, iron and so on.

In addition, quoted from Wahbah az-zuhaili's book Fiqih Islam Wa Adilutahu, the syirkah inan can also be done by a Musl crimm with a dzimmi infidel. In this syirkah, there is no requirement for equality. In syirkah, there is also no requirement for an equal advantage, so it can be divided equally large, or one large and one less.

However, in this syirkah, the capital must be required in the form of money (nukud), as for goods (urud) such as houses or cars, it cannot be used as syirkah capital. Unless the value is calculated (qimah al-urudh) at the time of the contract.

Quoted from the book Islamic Economics and Finance by Veithzal Rifai, et al., the loss to syirkah is borne by each business partner (syarik) based on the capital portion. For example, each capital is 50%, so the loss that must be borne by each party is 50% as well.

narrated by Abdur Razaq in the book Al-Jami', that Ali bin Abi Talib ra. once said: "Losses are based on the amount of capital, while profits are based on their agreement (cavity parties)."

Examples from Syirkah inan: A and B civil engineering engineers. Furthermore, A and B agreed to run the property business by establishing and selling houses. Each contributed a capital of IDR 500 million and both worked together in the syirkah.

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