Akad Wakalah Is The Provision Of Power, This Is The Type To The Conditions

YOGYAKARTA Akad wakalah is one of the things that is recognized as legal in Islam. This law is usually carried out by one person to another as a representation of an auran. Understanding the wakalah contract needs to be understood so that Muslims can carry out the Shari'a of giving power appropriately and correctly.

In Islam, the delegation of power to carry out an activity is very allowed. The delegation of power is one of them carried out by contract wakalah. The contract can be done verbally or in writing through a power of attorney. The contents of the power of attorney must also be clear and correct.

In an article entitled Hadith on Akad Wakalah: Efforts to Trace the Practice of Wakalah during the Prophet Muhammad SAW and published in the Journal of the Studies of Qur'an and Hadith (SIQAH) are explained what it is.

When viewed from language, wakalah comes from the word Arabic, namely wakala, yakilu, wakalan which means representing or replacing. The practice of wakalah is also discussed in depth in all schools.

For example, Ulama Syafiyah means that wakalah is an expression of giving power to others to carry out their duties or represent according to the order of the power of attorney while still alive. Meanwhile, Ulama Madhab Hanafi explained that wakalah is giving power to others as representatives to do or maintain something.

From the various understandings that exist, it can be concluded that the wakalah contract is a contract for the delegation of power from one party to another to do legal things represented.

In the Akad Wakalah article in Sale and Purchase in the Al-Hiwalah Journal, it is explained that the wakalah contract is divided into several types, namely the following.

This contract represents to someone absolutely, without limits, time, and can be used on all matters owned by the real power owner.

This contract is carried out by appointing representatives to act on behalf of the power of attorney. However, this appointment is only carried out on predetermined matters.

This power giving is wider but compared to wakalah al-Muqayyadah but simpler than wakalah al-Mutalaqah.

To perform the wakalah contract, at least four pillars or four things must be fulfilled, namely as follows.

In Indonesia, the acad wakalah reference refers to the Fatwa of the National Sharia Council (DSN) Majlis Ulama Indonesia (MUI) Number 10/DSN-MUI/IV/2020. The fatwa explains the wakalah contract requirements which include people representing, people representing, and things represented. The following are the requirements of each contract.