Syirkah: Definition, Proof, Types, Pillars and Conditions
Syirkah: Definition, Proof, Types, Pillars and Conditions – What is Syirkah and what are the legal requirements? On this occasion, Se regarding the knowledge.co.id will discuss it and of course about other things that also cover it. Let's look at the discussion together in the article below to better understand it.
Syirkah: Definition, Proof, Types, Pillars and Conditions
Syirkah according to language means ikhthilath or mingle. Or mixing two or more parts until one part cannot be distinguished from the other.
Whereas syirkah according to the term is an association consisting of two or more people who are driven by awareness to gain profit. Another meaning of syirkah is a collaboration carried out by two or more people in a business where the profits and losses are shared.
Basic Law of Shirkah
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Al-Qur'an
Syirkah is one of the implementation of mutual help or doing good among others. In the Al-Qur'an it has been explained a lot that please help you in good things.
Described in the Al-Qur'an letter Al-Maidah verse 2
يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تُحِلُّوا شَعَائِرَ اللَّهِ وَلَا الشَّهْرَ الْحَرَامَ وَلَا الْهَدْيَ وَلَا الْقَلَائِدَ وَلَا آمِّينَ الْبَيْتَ الْحَرَامَ يَبْتَغُونَ فَضْلًا مِنْ رَبِّهِمْ وَرِضْوَانًا ۚ وَإِذَا حَلَلْتُمْ فَاصْطَادُوا ۚ وَلَا يَجْرِمَنَّكُمْ شَنَآنُ قَوْمٍ أَنْ صَدُّوكُمْ عَنِ الْمَسْجِدِ الْحَرَامِ أَنْ تَعْتَدُوا ۘ وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَىٰ ۖ وَلَا تَعَاوَنُوا عَلَى الْإِثْمِ وَالْعُدْوَانِ ۚ وَاتَّقُوا اللَّهَ ۖ إِنَّ اللَّهَ شَدِيدُ الْعِقَابِ
Meaning: "O you who believe, do not violate the symbols of Allah, and do not violate the honor of the sacred months, do not (disturb) had-ya animals, and qalaa-id animals, and do not (also) disturb people who visit Baitullah while they are seeking grace and pleasure from their Lord and if you have completed the pilgrimage, then it is permissible hunt. And do not ever hate (your) against a people because they prevent you from the Grand Mosque, encourage you to do wrong (to them). And help you in (doing) virtue and taqwa, and do not help each other in committing sins and transgressions. And fear Allah, verily Allah is severe in punishment.” (QS. 5:2)
Hadith
The basic law of syirkah is mubah (permissible) based on the argument of the hadith of the Prophet Muhammad in the form of taqrir or his acknowledgment of syirkah. When he was sent to be a prophet, people at that time had carried out muamalah activities by means of syirkah and the Prophet Muhammad justified this. As the words of the Prophet Muhammad as spoken by Abu Hurairah r.a.
Allah SWT said: I am a third party from two parties who do syirkah as long as one of them does not betray the other. If one of them betrays, I leave both of them. (Reported by Abu Dawud, al-Baihaqi, and ad-Daruquthni).
Types of Syirkah and Examples
In general, there are five types of syirkah, namely syirkah 'Inan, abdan, mufawwadah, wujuh, and syirkah mudharabah. The explanation is as follows:
Shirkah 'Inan
Syirkah 'Inan is syirkah which is carried out between two or more parties, each of which contributes in the form of work (charity) and capital (maal). As for the law of 'Inan's syirkah itself is mubah. This is based on the argument of the sunnah and the consensus of friends.
- Example of Syirkah 'Inan
Bakti and Azkiya are graduates of economics business. Then they both agreed to run the restaurant business, then both of them contributed 80 million rupiah each. Bakti and azkiya both work in the syirkah.
In Syirkah 'Inan the capital must be in the form of money. In addition, items such as houses or vehicles that serve as facilities may not be used as capital, unless the value of these items is calculated at the time of the contract.
Profits are based on agreements that have been made previously and losses are borne by each company or business partner based on the share of capital. If each capital is 50%, then each must bear a loss of 50%.
Syirkah ‘Abdan (‘Amal)
Syirkah 'Abdan is syirkah between two or more parties, each of which only contributes work or charity, without contributing capital.
- Example of Syirkah 'Abdan
Riyan and Lihah both became fishermen and agreed to go out to sea together to find fish. Lihah and Riyan also agreed that if later they got the fish they would sell it and the proceeds would be divided according to the following terms: Riyan gets 70% and Lihah gets 30%.
Syikah 'abdan does not have to be based on the same job. However, it can also be done by different jobs, but it is also necessary to know that the work being done is a lawful job, not an unlawful job.
Profits obtained from this syirkah are shared according to a predetermined mutual agreement, and the portion may or may not be the same between syirkah (business partners).
Syirkah Wujuh
Syirkah wujuh is a syirkah of two parties who both provide work or charity contributions and a third party who contributes capital or malls. In essence, syirkah wujuh is part of syirkah 'abdan.
- Example of Syirkah Wujuh
Ahmad and Dika are two figures trusted by traders. Ahmad and Dika made syirkah wujuh by buying goods from a merchant on credit. Then Ahmad and Dika made an agreement that each owned 50% of the goods purchased.
Then Ahmad and Dika sell the goods and the results or profits are divided into two. While the basic price is returned to the merchant.
Syirkah Mufawadhah
Syirkah Mufawadhah is a syirkah between two or more parties that combines all existing types of syirkah. This type of mufawwadhah syirkah may be practiced because each type of syirkah above is legal and may be mixed or combined into one.
The advantages of this type of muwaffadhah syirkah depend on the agreement that has been determined, while the losses are borne according to the type.
Syirkah Mudharabah
Syirkah mudharabah is syirkah between two or more parties where one party contributes work ('amal), while the other party contributes capital (mal).
Shirkah Pillars
Broadly speaking, there are three syirkah pillars:
- Both parties will enter into a contract ('aqidani). The requirements for the person who will enter into the contract are that he must have the skills (ahliyah) and perform tasharruf (asset management).
- The object of the contract which is also called ma'qud 'alaihi includes work or capital. As for the requirements for work or objects that may be managed within the syirkah, they must be lawful and permissible within the religion and their management can also be represented.
- Akad or also known as shigat. As for the valid condition of the contract, it must be in the form of tasharruf, that is, there must be an activity in the form of management.
Terms of Shirkah
Terms of Syirkah are divided into three, namely:
- Terms of lafadz, The contract sentence should contain the meaning of permission to carry out the goods of the association. For example, one party between the two said: “we are unionized for this item, and I allow you to run it by way of buying and selling and other things "replied the other party," I am as you say the".
- The requirements to become a union member are: Intellectual, mature and independent.
- Terms of partnership capital: Capital should be in the form of money (gold or silver) or goods that can be weighed or measured. For example: rice, sugar etc.
The two items should be mixed before the contract so that the two goods cannot be distinguished anymore.
The difference between Syirkah and Mudharabah
In syirkah all must have the same contribution in business, whereas in mudharabah there are only owners of capital and managers of capital.
Capital in syirkah is in the form of goods/objects, while in mudharabah it is required to be in the form of money.
Losses in syirkah are borne jointly, while in mudharabah the losses are borne by the owner of the capital.
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