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Understanding the concept of Islam wakalah

Wakalah (delegate) is a hand on someone else to do something that he himself does and
can also be alternated work done at the time of his life.
Delegate a job to do yourself is considered legal under Islamic law. Such as buying and selling,
marriage, talaq, member, pledges and other related Muamalat

The legal basis wakalah

Surat al-Kahfi verse 19

Thus we woke them up so they asked each other among themselves. Said one of them: How long
have you stayed (here)? ". They said:" We have stayed (perhaps) a day or half a day. "He said
(another):" Your Lord knows best how long you have stayed ( here). Now send one of you to go to
town with this money of yours and let him see which food is better, then let him bring the food to
you, and let him deal gently and do not make your case known to one."(Surah Al-Kahf: 19)

Al-Hadeeth
Prophet Muhammad said:
"From Jabir said: I went out to Khaybar, and then I came to the Prophet. Then he said,
"When you come to my representative in Khaibar, so take him 15 wasaq" (Reported by Abu
Dawud).
"From Jabir that the Prophet, slaughtering the sacrifice of 63 animals and slaughter animals
Ali radisuruh offer that has not been slaughtered (Reported by Muslim).

consensus

The scholars also agreed by consensus on the permissibility of the motifs helping wakalah

and, Help ye one another in the (working) righteousness and piety, but help ye not one another in
(doing) sin and transgression .... "(Surah Al-Ma'idah: 2)

Pillars wakalah
Pillars wakalah as follows,
1.Muwakil (donor)
2.Representative (donee)
3.Muwakkal fih (Something delegated)
4.Sighat (Lafaz delegate)
oTerms wakalah
Terms wakalh as follows,
1.a muwakkil
Should have full authority required for a job that will be delegated to others. With reason,
people who do not have the authority of a transaction, can not transfer all authority to others.
2. A representative
Required should be someone who understands and tamyiz. Small children, the insane, the
child has not tamyiz, may not be representative
3.Object delegated
a.Something that can be delegated. Like, buying and selling, mortgage, loan and lease
b.Unknown, then null delegate something that is still vague. Like, one said: "I have made thee
as my representative to marry one of my daughters."
Applications wakalah
The process of transferring money
This is a process that uses the concept of wakalah, where the process begins with the customer
demand as muwakkil the bank as a representative to the command / request to the bank to transfer
the money to the account of others, then the bank to debit the customer's account (if transfers from
account to account ), and the latter is where the bank credits the funds to the beneficiary account
number.

Import Letters of Credit Sharia


Contract for Import Letter of Credit transaction Shariah use wakalah ujrah bill has a
definition which empowers customers to the bank in exchange for giving ujrah or fee.
provided that:
a.Importers must have the funds in the bank for payment of the price of imported goods.
b.Importers and banks do wakalah Ujrah bill for document management import transactions
c.Great ujrah must be agreed in advance and expressed in nominal terms, not as a percentage.
Letter Of Credit Export Sharia
Contract for Export Letter of Credit transaction is using wakalah Sharia.
The bank issued a statement would be paid to exporters to facilitate export trade. provided that:

a.Bank maintains export documents


b.Bank charges (collection) to the bank issuing the L / C (issuing bank), and then paid to the
exporter after deducting ujrah
c.Great ujrah must be agreed in advance and expressed in nominal terms, not in percentage.

Akad definition Rahn


Mortgage or al-Rahn(‫ )الرهن‬For language can be interpreted as (al stubut, al habs) the
designation and detention.[1]Positive law in Indonesia Rahn is what is called collateral,
mortgage, pledge, pledge or collateral, and liability.
Azhar Bashir interpret Rahn (mortgage) as the act makes a thing of value in the view of Islamic
law as a guarantee of money, where the object is to be borne in whole or part of the debt can
be received
Al-Rahn is holding one property of the borrower on the loan he received. The durable goods
are valued
economically.

Legal Basis Rahn


It means: "If you are traveling (and bermuamalah are not cash) while you do not obtain a writer, then
let no dependents goods held (by receivables). But if one of you entrust the other, let the one who is
entrusted discharge his mandate (debt) and let him fear his Lord. " (Al-Baqarah 283)
Narrated by Ahmad, Bukhari, Nasa'i, and Ibn Majah from Anas said:
Apostle SAW, has merungguhkan his armor to a Jew in Medina, when he lent poetry (wheat) from
Jews for the family to his family. "(HR. Ahmad, Bukhari, Nasa'i, and Ibn Majah).
Pillars and Conditions of Mortgage (Rahn)
Contract and consent Kabul
2.'aqid, Namely the pledging and the pledge received.[4]
3.Goods that are used as collateral (borg), provided that the collateral object is an object that is not
corrupted before undertaking the debt to be paid.

Terms Rahn among others:[5]


1.rahinand murtahin
About giver and receiver are both required mortgage were capable of doing an act of law in
accordance with the provisions of Islamic law that is sensible and puberty.
2.sighat
Scholars Hanafiyah found sighat in Rahn can not wear or be associated with a condition. This is
because Rahn purchase, if put on certain conditions, those conditions remain Rahn null and void.
3.bih marhun(Debt)
Regarding the debt, that debt is debt that is still required, in other words the debt is not an
increase in the debt or debts which have interest,
Applications in Banking
Rahn used in banking contract in two respects, namely:
1. As Complementary Products
Rahnused in complementary products, which means that as additional contract (warranty /
guarantee) to other products such as the financing murabaha bai'al. Bank clients may hold as a
consequence of the contract.
2. As Separate Products
In some Muslim countries including Malaysia, rahn been used as an alternative to
conventional mortgage. The difference with the regular mortgage, the customer Rahn does not
bear interest, which is collected from the customer is the cost of storage, maintenance, care,
and assessment. The main difference between the cost of mortgage interest Rahn and is of the
nature of the interest that can accumulate and multiply, while the cost of Rahn only once and
set in advance.
3. Islamic Pawnshop

Akad Kafalah

Etymologically means a guarantee. Kafalah have a match that many ie dhamanah, pests, and
Za'amah,means al-dhaman (collateral), pests (expense) danzama'ah (liabilities). According to the
terms of the contract kafalah means of a guarantee given one party (kafil) to another party (Makful
'anhu) in which the guarantor is liable for the payment of a debt to the rights of the insured (Makful
Idle).

institutes

Al Quran

Allah says in Surah Yusuf verse 66 means:

"He said:" I'm never going to let it go (go) with you, before you give me an undertaking in the name
of God, that ye will bring him back to me unless you are prevented. ' When they gave their promise,
then He said: "Allah is witness to what we say (this)".
Hadith

A hadith as kafalah foundation are:

"It has been brought to Allah .. (the body of a man to dishalatkan). He asked "whether she has a
legacy?" The friend replied "no" He asked again, "if he has a debt? "They said" yes, number three
pence "The Prophet also told his companions to menshalatkannya (but he did not). Then the ashes
He said: "I guarantee ya Rasulullah debt", the Prophet was menshalatkan bodies, (HR. Bukhari).

While in Al-Ijma, scholars agree with kafalah as possible is needed in mu'amalah society. And so by
creditor is not harmed by the inability of the debtor

Pillars Kafalah according to most scholars is:[7]

1. Guarantor (dhomin / kafiil), people who are not disabled muamalahnya legally, then the children
and idiots invalid.

2. Goods guarantee / debt (madhūm), that is something that can be replaced with a similar legally,
that debt or things other than money that is a treasure, so can not life or limb in qisas and hudud.

3. The guarantee (Makful him- / madhūm 'anhu), that is, those who claimed / owed either alive or
dead.

4. Sighah contract, the agreement or consent of the surety-qabul of contract deals.

REQUIREMENT

1. Kafil ensure that persons who have reached puberty where it is required, intelligent, independent
in managing their property / not prevented spend and do his will.

2. Mafkul Idle. Of those who berpiutang, a condition known to the person berpiutang guarantee
because humans are not equal in terms of demand, there are hard and some are soft.

3. Makful 'anhu was the one who owes, not required for her willingness to guarantor for debt, in
principle, it must be soft, either the debtor voluntarily or not. But he'd better be willing / pleasure.

4. Al-Makful is debt, goods or people. Known also Madmun or Makful bih bih. Makfulndapat
required by his condition remains unknown and (set), both have been fixed and will be fixed.

5. sighat or lafadz is a statement uttered by a guarantor, required state sighat implied guarantee,
does not depend on something and not mean temporary.

Kafalah APPLICATIONS IN THE TRANSACTION BANKING

In the mechanism of the banking system kafalah principles can be applied in the form of bank
guarantees by first starting with the opening of the facility is determined by the bank on the basis of
the analysis and evaluation of the customer will be given the facility. Kafalah facilities provided will
be shown in the administrative arrangement in the form of commitments and contingent.

Facilities that can be given with respect to the application

Facilities that can be given with respect to the application of the principle of kafalah is a bank
guarantee and letter of credit facility. Kafalah function is the provision of a guarantee by a bank on
behalf of a related-parties to run their business more secure Amanda
because with this guarantee means that banks will take over the risk / obligation of the client, if the
client defaults / fails to meet its obligations.

The bank as an institution that guarantees this, would also benefit by increasing the wage income
they receive as compensation for services rendered