Akad Tabarru Adalah: Definition and Examples

Illustration of Ijab Qabul in Akad Tabarru (Freepik)

YOGYAKARTA - Akad Tabarru is one of the aqads recognized in Islam. This contract is intended as a mutual help between humans by involving property in the form of money, precious metals, and other materials. To understand what is Akad Tabarru, see the explanation below.

Akad Tabarru Is a Nonprofit Agreement

If you look at the language, Tabarru' comes from the word "tabarra'ayatabarra'u-tabarru'an" which means donation, grant, welfare fund, or donation. While the person who does tabarru is called mutabarri which can be interpreted as a dermanwan.

In the article "Concept of Akad Tabarru' in Islam" written by Nurul Ichsan (Jurnal Moderatio: 2015), it is explained that Akad Tabarru is any type of agreement that is carried out without any element of return, profit, or certain material motives.

In essence, this contract is carried out for the purpose of goodness and only expects a response from Allah SWT. So this contract is usually not carried out in other business or commercial activities.

Even though in the tabarru contract does not expect any return, the donor has the right to receive a fee to cover the costs related to the contract. For example, administrative costs, transportation costs, and many more.

Rukun Akad Tabarru

The Tabarru Akad Rukun is everything that must be present at the time of the contract. Here are the tabarru akad rukun.

Wahib (donor)

Wahib is the owner of objects, property, or material that will be tabarru' to others. For example, wahib makes a tabarru' in the form of land to his neighbors to be used as an entrance to his house. However, it is mandatory to require the cost of land division at the BKN.

Al-mauhub Lahu (grant recipient)

In addition to there being a giver, there must also be a recipient of the grant. The recipient will also be directly involved in the pronunciation of the tabarru contract. The grant recipient can be represented by a third party who has a power of attorney.

Al-mauhub (goods or property to be given)

Al-mauhub is an object or property owned by the wahib. This item must exist and be legally proven to be owned by the wahib. It is not permissible to present goods or property that do not belong to him.

As-Sighat (Ijab qabul)

Ijab qabul is an expression that must be in all contracts, including the tabarru' contract. Ijab kabul can be verbal with the witness of at least 3 people or can be through writing signed by the parties.

Example of Akad Tabarru

Examples of tabarru contracts such as qard, rahn, hiwalah, wakalah, kafalah, wadi‟ah, hibah, waqf, shadaqah, hadiah, and many more. The following is an example of the oral acceptance of each tabarru.

Ijab qabul qard (loan)

"I lend you Rp 2,000,000 as a qard hasan, without any reward. Please return it as the principal only."

Borrower (qabul)

"I received a loan of Rp. 2,000,000 and will return it in the amount of the principal only."

Rahn (pledge or collateral) Rahn giver (ijab)

"As a guarantee of my debt of Rp. 5,000,000, I pledge my motorcycle to you until my debt is paid off."

Recipient of rahn (qabul)

"I accept this motorcycle as collateral for a debt of Rp. 5,000,000 and will take care of it until you pay off the debt."

Wakalah (representative) Muwakkil (power of attorney)

"I delegate to you to sell my car at a minimum price of Rp. 80,000,000."

Deputy (power of attorney):

"I accept the trust to represent you to sell the car at a minimum price of Rp. 80,000,000."

Akad Tabarru is an important science in fiqh. Visit VOI.id for other interesting information.