YOGYAKARTA - In Islamic law, the concept of cooperation is known as syirkah, which is part of muamalah transactions in the field of buying and selling and business partnerships. Syirkah is allowed in Islam, as emphasized in the hadith of Abu Daud's history which stated that among the two people in association, Allah SWT became a third party, as long as there was no betrayal between them.
In terms of language, syirkah has a meaning similar to al-ikhtilah, which means fellowship, partnership, or cooperation in sharing profits. Meanwhile, in terms of term, syirkah refers to the permit to use joint assets by two people or more, each of which has the right to use it.
In Islam, syirkah is divided into several types, one of which is syirkah abdan. To understand more about this concept, here is an explanation of its meaning, examples of application, and the provisions governing this syirkah.
Syirkah abdan is a form of partnership between two parties or more that only relies on energy or skills without any capital contribution. This type of syirkah is widely applied in traditional businesses, such as the home industry, tailors, or shoe craftsmen.
In the modern business world, syirkah abdan is also often found in the construction sector. For example, a construction company that wins a tender for the construction of a building can collaborate with other companies to handle certain aspects, such as the installation of electricity networks and a room conditioning system (AC). In this case, the construction of the main structure was carried out by the construction company, while electrical installations and air conditioning were entrusted to partner companies. This form of cooperation can be categorized as the abdan syirkah contract.
Citing the book Kembangan Akad Musyarakah by H. Maulana Hasanudin, syirkah abdan is allowed in Islam based on the argument of As-Sunnah. One history mentions that Ibnu Mas'ud RA once said:
"I once worked with Ammar bin Yasir and Sa'ad bin Abi Waqqash about the war booty in the Badr War. Sa'ad brought two prisoners, while Ammar and I did not bring anything." (HR. Abu Dawud and Al-Atsram).
Rasulullah SAW knows this and is not against it, which means he agrees taqrir.
Provisions In Syirkah Abdan
Like other forms of cooperation, syirkah abdan has certain conditions and conditions that must be met so that the contract is sharialy valid. According to Ahmad Ifham in the Sharia Economic Smart Book, here are some provisions in shirkah abdan:
In practice, those who commit syirkah abdan can include the ijarah contract to rent a place or pay workers' wages based on the agreement that has been made previously.
So basically, syirkah abdan is a form of cooperation that focuses on expertise or labor without involving capital. This type of partnership is widely applied in various sectors, both small businesses and large projects that require specialization from several parties.
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By fulfilling the terms and conditions set out in Islamic law, syirkah abdan can be a fair and beneficial solution for all parties involved.
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