PORK PRELIMINARY

PORK

PRELIMINARY

A. Background
Humans are social beings, ie beings who live in a society berkodrat. As social beings in human life requires other human beings who together live in a society, people are always in touch with each other, consciously or unconsciously, to replenish the necessaries of life.

B. Formulation of the problem
1. What is the Definition of muamalat?
2. What is the significance muamalah Islam in public life?
3. What are the principles of Islamic muamalah?
4. What are the scope of jurisprudence muamalah?
5. What is the significance of education muamalah Islam?

C. The purpose of writing
1. In order to know understanding Muamalat.
2. In order to determine the significance of Muamalat in public life.
3. In order to know the principles of the Islamic Muamalat.
4. In order to determine the scope of Fiqh Muamalat.
5. In order to determine the significance of Islamic Muamalat education


CHAPTER II
DISCUSSION
A. Definition
• Muamalah in the same language with the word (MUFA Alatan) which means each act or practice with each other.
• Muamalah in terms rules (laws) to regulate human gods in relation worldly socially.
• Fiqh according to al-Jurjani in his book at-ta'riifat, only concerns the Islamic Shari'ah related to human actions derived from dalinya detailed arguments.
• According to Muhammad Yusuf Musa muamalah understanding of jurisprudence, namely, God's rules to be followed and dita'ati in social life to safeguard the interests of human beings ". But lately sense muamalah more understood as God's rules governing the relation between human beings in acquiring and developing property or rather Dapa dikaakan as Islamic rule on economic activities by man
• So understanding Fiqh muamalah: laws relating to human action in mundane issues, such as the issue of sale and purchase, accounts payable, trade cooperation, trust, cooperation in the cultivation of land, and lease.
B. The importance of Islam in public life muamalah
Husein Shahhathah (Al-Ustaz Al-Azhar University of Cairo) in the book Al-Iltizam bi Dhawabith ash-fil Syar'iyah Muamalat Maliyah (2002) says, "Fiqh muamalah economy, occupy a very important position in Islam. No man who is not involved in the activity muamalah, therefore studied law mandatory 'ain (fard) for every Muslim.

Husein Shahhatah, then wrote, "In this Maliyah muamalah field, a Muslim air-obligation understand how he bermuamalah as adherence to the shari'ah of Allah. If he does not understand this Maliyah muamalah, then it will fall to something that is forbidden or doubtful, without realizing. A Muslim who fear Him, and fear Allah, Should strive to make muamalahnya as righteous deeds and sincerely for Allah "Understand / know the law muamalah Maliyah mandatory for every Muslim, yet un-tuk become expert (experts) in this field legal fardhu kifayah , Therefore, the Caliph Umar bin Khattab around the market and said:
"There should be buying and selling in our market, except those that really have me-understand fiqh (muamalah) in Islam" (HRTarmizi).

By greeting Umar above, it can be further elaborated that the Muslims are not allowed to indulge business, not allowed to trade, not allowed to move per-banking, must not be the activity of insurance, not allowed to indulge the capital market, must not be the activity of cooperatives, must not be the activity of pawnshops , There should be a mutual fund activity, should not MLM business activity, should not the buying and selling activities, must not be any economic bergiatan, except muamalah schools of fiqh.
In connection with Dr. Abdul Sattar concluded that Muamalat is the innermost core of the Islamic religion for the purpose of realizing human benefit.

In this context, Allah says:
'And their brother Shoaib. He said, n to residents of Madyan, We sent "O My people! Worship Allah, occasionally There is no deity other than Him. And Do not subtract measures and weights. I see thee in good condition. Actually I was worried about you will doom the day of desolation (Resurrection) ".
And Shoaib said, "O my people complete the measures and weights fairly. You must not harm humans against their rights and do not make evil on earth with mischief. (Hud: 84.85)

C. Principles muamalah in Islam
1. Basically all forms Muamalat is permissible, unless prescribed by the Qur'an and Sunnah apostles. Islamic law that gives broad opportunities and shape the development of new kinds of Muamalat in accordance with the development needs of the community life.
2. Muamalat is done on a voluntary basis, without an element of coercion. So that the freedom of the parties concerned will always be considered.
3. Muamalat is done on the basis of considerations bring benefits and avoid madharat in public life. That something be done ats muamalat form the basis of considerations bring benefits and avoid madharat in public life.
4. Muamalat carried out by maintaining the value of fairness, avoiding the elements of persecution, the elements making opportunistic fashion. That all forms of oppression muamalat inviting element is not justified.
D. The scope
the scope of fiqh muamalah divided into two, namely the scope of muamalah muamalah Muhammadiyah and adabiyah.
The scope of the problem is the Muhammadiyah muamalah jusl buy (al-Ba'i / al-tijarah), mortgage (al-Rahn), pension and dependents (kafalah and Dhaman), transfer of debt (Al-Hiwalah), went bankrupt (taflis), restriction acts (alhajru), company or partnership (al-shirkah), the company's energy assets (al -mudhorobah), lease of land (al-mukhorrobah) wages (ujrah al-amal), suits (al-ssssssssuf'ah), competition (al-ji'alah) distribution of wealth along with (al-qismah), administration (al-grant), liberation (al-ibra ') peace (as-shulhu), and added with some contemporary issues (al-mu'asirah / al muhadisah), as a matter of interest of banks and credit insurance.
The scope muamalah is adabiyah is consent qobul, mutual bless, no compulsion of one of the parties, rights and obligations, honesty, traders, fraud, counterfeiting, hoarding, and everything that comes from the human senses in connection with the circulation of property in social life.
E. Relationship with fiqh fiqh other muamalah
The scholars of fiqh have been trying to hold job descriptions of the science of jurisprudence, but among them there is a difference of opinion in pembidangannya. Here is only going to put forward the opinion that dividing it into two major parts, namely:
a. worship, ie, all the works that was done to get closer to the gods, such as prayer, Siyam, zakat, hajj and jihad
b. muamalah, all problems relating to world affairs and the law. The division over the more agreed upon by the scholars'. Only maksut of muamalah above is muamalah in a broad sense, which includes other areas of the field of jurisprudence. Thus, muamalah in the broad sense is a part of fiqh in general. The fiqh muamalah in the narrow sense is a part of fiqh muamalah in broad atri equivalent to the field of fiqh under the meaning of fiqh coverage widely.

F. The importance of education muamalat islam
1. The development, which is to increase faith and piety to Allah learners who have been implanted in a family environment. Basically obligation to instill faith and piety done by every parent in the family. Schools serve to further cultivate in the child through counseling, teaching and training in order that faith and piety is to develop optimally in accordance with the level of development.
2. Planting value, as a rule of life to find happiness in life on earth and in the hereafter.
3. The mental adjustment, which is to adjust to the environment both physical environment and social environment and can change the environment in accordance with the teachings of the Islamic religion.
4. Repair, which is to fix the mistakes, shortcomings and weaknesses of learners in confidence, understanding and experience of the teachings in everyday life.
5. Prevention, namely to ward, negative things from the environment or from other cultures that may harm him and impede its progress towards complete Indonesian man.
6. Teaching, about the religious sciences in general and functional system.
7. Distribution, which is to channel the children who have special talents in the field of Islamic religion that can be berkembangsecara optimal talent that can be utilized for himself and for others.

CHAPTER III

COVER

A. Conclusion
• Understanding Fiqh Muamalat
Fiqh muamalah: laws relating to human action in mundane issues, such as the issue of sale and purchase, accounts payable, trade cooperation, trust, cooperation in the cultivation of land, and lease.
• The importance of Islam in public life muamalat
muamalah Maliyah understand this, then it will fall to something that is forbidden or doubtful, without realizing. A Muslim who fear Him, and fear Allah, Should strive to make muamalahnya as righteous deeds and sincerely for Allah "Understand / know the law muamalah Maliyah mandatory for every Muslim, yet un-tuk become expert (experts) in this field legal fardhu kifayah ,
• Principles of Muamalat in Islam
1. Basically all forms Muamalat is permissible, keecuali prescribed by the Qur'an and Sunnah apostles.
2. Muamalat is done on a voluntary basis, without an element of coercion.
3. Muamalat is done on the basis of considerations bring benefits and avoid madharat in public life.
4. Muamalat carried out by maintaining the value of fairness, avoiding the elements of persecution, the elements making opportunistic fashion.
• The scope of muamalat




B. Cover
Thus a simple paper is structured. Thanks for the enthusiasm of readers who have been willing to examine and implement the contents of this paper, of course, there are still many shortcomings and weaknesses, because they lack the knowledge and the lack of reference or the reference has to do with the title of this paper.

Author of many hope the readers to give suggestions and constructive criticism to the author for the perfection of this paper and the paper at the next opportunity that will lead to a kebenaran.Semoga this paper is useful for our group in particular also the readers who are blessed of God Almighty. Ameen

BIBLIOGRAPHY
KH. Bashir Ahmad Azhar, MA, principles of law Muamalat (Islamic civil law), Yogyakarta: UII pressed, 2000.2004.

Fiqh division Mu'amalah

Muamalah fiqh division departs from an understanding of fiqh muamalah in the narrow sense that the laws governing material transactions ranging from how to get to the distribution instead of fiqh muamalah in a broad sense to talk about the human social system broadly. Based on this perception, then there is a division in the study of fiqh muamalah.

According to Al Fikri in his book "Al Tenets al-Muhammadiyah wa al-Adabiyah" in Hendi said that muamalah divided into two, namely:

a. Al Mu'amalah al-Muhammadiyah

Namely mu'amalah which examines the object so that some scholars argue that al-Muhammadiyah mu'amalah is mu'amalah is immaterial because the object is an object that fiqh mu'amalah halal, haram, and doubtful to be traded, objects memadharatkan, benda- objects that bring benefit to humans, and several other aspects. 1 [1]

Al Tenets al-Muhammadiyah is al-Fikri are rules in terms of its object. In other words, al-muamalah al-Muhammadiyah provide guidance to people about the objects worthy or not to be held and carried out legal action over it. 2 [2] Therefore, buying and selling items for Muslims not simply to make a profit that sebesar- magnitude, but vertikalbertujuan to gain the pleasure of Allah and horizontally aims to make a profit so that the objects sold will always referred to God's rules. Thus, from this perspective, in view of fiqh muamalah not all objects (assets) may be owned or controlled, even though the object may have a use value for human 3 [3].

b. Al-Mu'amalah al-Adabiyah

Mu'amalah namely the way in terms of exchange of objects derived from the human senses, the elements enforcers are the rights and obligations. as honest, hasud, envy, revenge, and so forth, or in other words, from this aspect of fiqh muamalah set of restrictions that should be done or not by human beings to objects. 4 [4]

Al-Tenets al-Adabiyah contains God's rules that must be followed in terms of the subject. It is, revolve around the pleasure of both parties, the consent granted, lie, cheat, and others. Thus, al-muamalah al-adabiyah provides a guide for human behavior to take legal action against an object. 5 [5] So from this perspective, in view of fiqh muamalah all human behavior must meet preconditions "ethical-normative" that such behavior is viewed feasible.

In its application, both of the above is not a distinct entity. But sticking together and linked. Someone who is conducting the transaction he would have to pay attention to two things above (al-muamalah al-Muhammadiyah and al-muamalah al-Muhammadiyah). In terms of objects, certainly consider whether it deserves to be owned and so also from the behavior of whether it behaves correctly or not. So, basically pe, part two aspects are only theoretical 6 [6].

Muamalah the other division was also stated by Ibn Abidin in Rachmat Syafei into five parts, namely:

a. Muawadlah Maliyah (Legal material)

Namely rules governing matters relating to kehartabendaan. The rules relating to the position of objects, how to obtain it, and how mentasarufkannya. Muawadlah this Maliyah, outlines the lawful and unlawful goods accompanied by lawful and unlawful means to reach it.

b. Munakahat (Marriage Law)

Are rules governing matters relating to marriage include marriage, divorce, reconciliation, Jinhuang, and hadanah. Munakahat necessitates an institutionalization of the union of two people of the opposite sex is not merely authorizes a mere sexual intercourse but also provide guidance to the formation of a humane and civilized family. In addition, munakahat also provide a way out for households that experienced a split in a humane and civilized.

c. Muhasanat (Procedural Law)

It is that which regulates the procedure for proceedings before the court. Muhasanat (murafaat) provides a guide to the organization of the trial of civil and criminal cases.

d. Mandate and Ariyah (Loan)

Namely the rules relating to the activity of borrowing and lending of an object.

e. Tirkah (Heritage)

Namely the rules relating to the management of the estate, type, division nyadan parties entitled to it.

The division fiqh according to Ibn Abidin muamalah this if it were referring to the definition muamalah broad sense so munakahat included in section muamalah whereas fiqh, there are disciplines own governing munakahat namely Fiqh Munakahat. Similarly Tirkah (legacy) is, also has become a discipline itself the Fiqh Mawaris. 7 [7]

Muamalah fiqh division is only a fraction of the various opinions on the distribution of fiqh muamalah. This, does not rule out the possibility arises that the other division mumalah fiqh fiqh mumalah because the division is not absolute. Still, the important thing that an outline of fiqh mumalah discuss two aspects, objects and aspects ettika aspect in obtaining these objects.

Basic Principles of Fiqh Muamalah

As a system of life, Islam provides color in every dimension of human life, not to mention the world economy. The Islamic system seeks mendialektikkan economic values ​​with the value of theology or ethics. That is, the economic activities undertaken by humans built with value dialectic materialism and spiritualism. Economic activities not only based on the value of the material, but there is a transcendental rest in it, so it would be worth worship. Moreover, the basic concept of Islam in muamalah activities (economy) is also very concern about the values ​​of humanism. Among the basic rules of fiqh muamalah are as follows;

Originally in Muamalah law is permissible (permitted).

Fiqh ulama agreed that the legal origin of the transaction muamalah is permissible (permissible), unless there are texts that forbid it. Thus, we can not say that a transaction was prohibited as long as not / was not found texts that are sharih banned. In contrast to the worship, the original law is prohibited. We can not do a worship if it does not find texts ordering, worship of God can not be done if there is no law of his.

Allah says: Say, Explain me about rizki Allah revealed to you, then you are illegitimate and made in part (some things) lawful. Say, What God has given you permission (about this) or you invent a course toward God? (QS.Yunus: 59). This verse indicates that God gives freedom and flexibility in muamalah activities, other than that sharia is also able to accommodate the growing modern transactions.

Fiqh consent to Achieve benefit Muamalah

Fiqh muamalah will always strive to realize the benefit, reduce hostility and strife among men. God does not degrade the sharia, except with the aim to realize the benefit of His servant life, does not intend to impose a burden and narrowing the space for human life. Ibn Taymiyyah said: Sharia lowered to realize the benefit and improve it, eliminate and reduce damage, provide the best alternative among several options, give beneficiaries the maximum among several beneficiaries, and eliminate values ​​greater damage to cover damage smaller.

Competitive Pricing

People really need goods production, whether she was rich or poor, they want to consume goods at a lower price. The lower price (competitive) may not be obtained except by lowering production costs. To that end, it should be done trimming production costs are not so crucial, as well as other overhead costs.

Islam has cursed the practice of hoarding (ikhtikar), because this could potentially lead to price increases borne by consumers. Rasulullah SAW said: The person to supply goods would be luck, and people who hoard will get an anathema in another hadith the Prophet said: ugly-ugly servant is a hoarder, that is, if Allah (market mechanism) to lower the price, then it would be sad, and if raising it, then he will be happy.

In addition, Islam is also not particularly like (makruh) with brokering practices (simsar), and prefer the buying and selling (exchange) directly between producers and consumers, without using the services of intermediaries. Because wages to a realtor, will eventually be passed on to consumers. To the Prophet forbade the sale and purchase transaction lilbad present, the transactions that use the services of a realtor.

Imam Bukhari commented that this practice could trigger price increases which would only burden consumers. In another hadith the Prophet said: Do not you guys make buying and selling talaqqi rukban ie, do not you pick a manufacturer who was walking to market in the suburbs, you buy goods and resell them on the market at a higher price.

Intervention leave Prohibited

Islam provides guidance to the Muslims to believe in the conception qadla and Qadar of Allah (all terms and destiny). What has God set for a slave will never be confused with part of another servant, and Rizki a servant would never change hands to others. Be aware that the values ​​of social solidarity or fraternity with others is more important than the material value. For that, the Prophet forbade to board a transaction that is being done to others, we are not allowed to intervene in any contract or transaction that is being done by others. Prophet said: A person should not be buying and selling over the buying and selling is being done by his brother.

Avoid exploitation

Islam teaches its followers to help those in need, where the Prophet said: Fellow Muslims are brothers, not mendzalimi one another, whoever meets the needs of his brother, Allah will meet his needs, and whoever helps reduce the burden of fellow brother, God will remove the burden on the Day of Judgement.

The spirit of this hadith provide guidance to not exploit his fellow Muslim brothers who are in need of something, by raising prices or additional burdensome requirements. We should not take advantage of the circumstances of others for personal gain. For that, the Prophet prohibit transactions with people who are in desperate need (emergency), Allah says: And do not subtract for humans goods measures and weights (QS. Al Araf: 85).

Provide flexibility and Tolerance

Tolerance is a characteristic of Islam that wants to be realized in every dimension of life. The tolerance value can be practiced in the political, economic or other social relationships. Specialized in financial transactions, this value can be realized taking into easy-to-business transactions without having to burden the parties concerned. Because, God will give grace to those who facilitate the sale and purchase transactions.

In addition, the flexibility and tolerance that can be given to borrowers who are experiencing financial difficulties, due to run business is experiencing a recession. Re-scheduling of receivables that had matured, adjusted for projected financial security. In addition, keep open the opportunity for buyers who want to cancel the purchase and sale transactions, since there are indications to-no-need-her the object of the transaction (inferior product).

Honest and trustful

Honesty is the main provision to gain the blessing. However, said honestly not as easy as say, very heavy hold this principle in life. A person can reap the benefits abound with lipstick lies in the transaction. Meanwhile, the honest person should resist the urge materialism of ways that improperly. Need to fight hard to unearth honesty in every step of life.

Honesty will never rub off on people who do not have a strong faith values. Someone who has never felt that he was always in control and supervision of Allah. In other words, only people of faith who will have the value of honesty. For that, the Prophet gave special appreciation for people who are honest, A trustful and honest trader will be included with the Prophet, siddiqin (the honest) and the martyrs.

One thing that could deny the spirit of honesty and trustworthy is fraud (ghisy). In a business context, this form of fraud can be realized by manipulating prices, put the prices do not match the criteria exactly. Hide defects which could reduce the value of the transaction object. In this regard, the Prophet said, not permissible for a Muslim personally known to sell goods that are flawed, without it giving the information.

Actually, there are some basic principles that must be observed in life muamalah. Among them, away from the gharar in the transaction, fuzziness (uncertainty) that can trigger disputes and quarrels in business contracts. All the agreements stipulated in business contracts must be explained in detail, especially relating to the rights and obligations, as this could potentially lead to conflict.

When a business contract has been agreed, each party shall perform duties related to the right of the other party, and vice versa. As much as possible to avoid the occurrence of wan achievement. Has a commitment to execute the agreement contained in the contract business. Allah says in Surah al-Maidah verse 1. And, most importantly, in doing business contracts must be done professionally. In a hadith, the Prophet said, Allah loves a slave who is professional in the work.

taken from (introductory Fiqh Muamalah, Dimyauddin)

  DEFINITIONS fiqh muamalah

The term fiqh muamalah consists of two words, namely the word fiqh and muamalah. Etymologically the word fiqh (language) means understand, such as the statement "I am aware of the incident". While the terminology (the term) that knowledge of sharia law islamiyah related to human activity that has grown up and sensible drawn from the arguments in detail. 8 [1] Or we can say, fiqh is a science which studies various Shari'a or Islamic law and various rules of life for people both individually and in the form of social community. 9 [2] That is the basis and impetus for Muslims to learn the science of fiqh is, first, to find the habit of understanding and the understanding of Islam, the second , to study the Islamic laws related to human life, the third, the Muslims must strive tafaqquh means to deepen their knowledge of religious laws both in the field aqaid and morals as well as in the areas of worship and Muamalat. 10 [3]

While muamalah word literally means intercourse or human relations. In a general sense this muamalah, muamalah means any act or human interaction outside of worship. Muamalah an act of man in a relationship or interaction between human beings (habluminannas) while worship is habluminallah.

In a broad sense, fiqh muamalah is fiqh that govern the relationship between individuals in a society. A more detailed understanding expressed Musthofa Ahmad al-Zarqa, which meant fiqh muamalah are the laws relating to human actions and human relations in matters of material, material rights, as well as the settlement of disputes between them. 11 [4]

B. OBJECT OF STUDY fiqh muamalah

In this case, the object of study or scope of fiqh muamalah broadly include discussions of wealth (al-mal), the right material (al-huquq), and the engagement of law (al-aqad). 12 [5]

a) Benda law, consisting of:

First, the concept of property (al-mal), includes a discussion on the definition of property, the elements and the distribution of types of property.

Secondly, the concept of rights (al-huquq), includes a discussion on the definition of rights, resource rights, protection of the rights and restrictions, and the distribution of other types of rights.

Thirdly, the concept of property rights (al-milkiyah), includes a discussion on the definition of property rights, ownership of resources, and distribution of all kinds of property rights.

b) General concepts Akad, mambahas notion of contract and tasharruf, elements of the contract and the law of each element, and various contract.

c) Various Kinds Special Akad discuss about the various transactions muamalah as follows:

a. purchase (al-bai 'at tijarah)

b. pawn (Rahn)

c. warranties and dependents (kafalah and Dhaman)

d. transfer of debt (Hiwalah)

e. company or partnership (ash-shirkah)

f. liability wealth and power (al-mudaraba)

g. lease (al-Ijara)

h. debts (al-qard)

i. borrowing and lending (al ariyah)

j. care (al-wadi'ah)

k. and so forth, each of which will be presented in a separate chapter.

C. SOURCES OF LAW fiqh muamalah

As set forth above that fiqh is knowledge of sharia-Islamic law related to human activity that has grown up and sensible drawn from the arguments in detail, the sources of fiqh muamalah must come from sources of sharia-Islamic law itself. Among others are:

a. Qur'an and Sunnah

Kalamullah Qur'an was revealed to Prophet Muhammad through the angel Gabriel, read out mutawatir is a collection of revelations of God to be a guide for all people in the world. Everything related to fiqh law istinbath muamalah must be in accordance with the teachings in the Qur'an, because it is the main source of law and the first for Muslims are Al-Qur'annul Karim.

Sunnah is a source of legal istinbath second after Koran. It is obligatory excavation underlying sources of fiqh muamalah law should also not be allowed to deviate from the Sunnah of the Prophet Muhammad.

Innermost core of the Islamic religion goals to realize the benefit of human life. Hence the Apostle exhorts earlier (da'wah) to practice muamalah, because it saw it as a religion that must be implemented, there is no option for a person to not practice. In this context, Allah says in Qs. Hud: 84

وإلى مدين أخاهم شعيبا قال يا قوم اعبدوا الله ما لكم من إله غيره ولا تنقصوا المكيال والميزان إني أراكم بخير وإني أخاف عليكم عذاب يوم محيط

"And the (population) Mad-yan (We sent) their brother Shu'aib. He said: "O my people, worship Allah; you have no deity other than Him. And do not subtract measures and weights, in fact I see you in a good state (capable) and actually I was worried about you will doom the day of desolation (Judgement ). "

Indeed the Qur'an and Sunnah do not regulate the behavior of the economy except for the things that are principles, such as the prohibition of usury or fraudulent conduct in trade. As in Qs. Ar Rum: 39,

وما آتيتم من رباليربو في أموال الناس فلا يربو عند الله وما آتيتم من زكاة تريدون وجه الله فأولئك هم المضعفون

"And something riba (optional) that you have given that he grew in human property. Usury then it does not add to the side of God. And what you give in the form of zakat you mean to achieve the pleasure of Allah, then (who do so) are the ones that doubled (reward) "

And the hadith narrated by Muslim, which means "Jabir said that the Prophet condemned those who receive riba, those who pay and those who record it, and two witnesses, then He said," They are all the same ". (HR.Muslim).

b. Qiyas

The third is the legal basis qiyas. Qiyas used in determining the jurisdiction of a problem, if there is no permanence in the Quran and as-Sunnah. According to the terms, qiyas is issued (take) a similar law of laws that have been mentioned (not yet have provisions) to the existing legal / set by al-Quran and as-Sunnah, due to the same 'illat between the two. According to scholarly ', qiyas is legal Personality' that can be proof in establishing a law by reason of the word of God in Qs. Al-Hashr: 2,

فاعتبروا يا أولي الأبصار

"Then it becomes outlook for people who think". A sentence that shows qiyas in this verse is "into view", this means comparing between law not mentioned by existing legal provisions.

c. Ijma '

In addition to the basics of Islamic Shari'ah is the source of law in determining the jurisdiction of a problem, ijma '(consensus of the scholars') is also often used as the legal basis for the fourth.

d. Ijtihad

Ijtihad means earnest, devoting thought, spending ability. It means the ability of existing mencurahan in discussing the (investigating) a problem to get a law that difficult starts to the Quran and as-Sunnah

D. PRINCIPLES IN fiqh muamalah

Among the basic rules of fiqh muamalah are as follows:

1. Legal Origin in Muamalah is permissible (permitted).

Fiqh ulama agreed that the legal origin of the transaction muamalah is permissible (permissible), unless there are texts that forbid it. Thus, we can not say that a transaction was prohibited as long as not / was not found texts that are sharih banned. In contrast to the worship, the original law is prohibited. We can not do a worship if it does not find texts ordering, worship of God can not be done if there is no law of his. 13 [6]

2. Fiqh concentration Muamalah to Achieve benefit

Fiqh muamalah will always strive to realize the benefit, reduce hostility and strife among men. God does not degrade the sharia, except with the aim to realize the benefit of His servant life, does not intend to impose a burden and narrowing the space for human life. Ibn Taymiyyah said: "Sharia is derived to realize the benefit and improve it, eliminate and reduce damage, provide the best alternative among several options, give beneficiaries the maximum among several beneficiaries, and eliminate values ​​greater damage to cover damage smaller ".

Mashlahah is the purpose of Islamic law and the core of the main Islamic law itself. The scholars formulate maqashid of Shariah (shariah goal) is to realize the benefit. Imam Al-Juwaini, Al-Ghazali, ash-Syatibi, Ath-Thufi and a number of leading Islamic scientists, have agreed about it. Accordingly, it is appropriate and proportionate when maslahah placed as the second principle in Islamic economics. In general, maslahah interpreted as goodness (welfare) and Hereafter. Ushul fiqh experts define it as anything that contains the benefits, uses, kindness and avoid harm, damage and mafsadah. (Jalb naf'y wa al-daf 'al-dharar). Imam Al-Ghazali concludes, maslahah are efforts to achieve and maintain five basic needs, namely religion, life, intellect, lineage and property.

Maslahah application of Islamic economics (muamalah) has a wider scope than worship. Islamic teachings about muamalah generally is global, therefore ijtihad space to move wider. Islamic economy into one of the fields muamalah different from pure worship (worship mahdhah). Worship is dogmatic (ta`abbudi), so little room for diligence. Ijtihad worship space in a very narrow field. As with the Islamic economy (muamalah) is quite open to innovation and new creations in building and developing Islamic economics. Hence the principle maslahah muamalah become a reference in the field and an important benchmark. Especially when it comes to economic policies by Sadr categorized as manthiqah al firagh al tasyri`y (empty area of tasyri` / law). At least texts that offend the problems associated with technical economic policies, open up great opportunities to develop the principle of ijtihad maslahah.

3. Justice For Both Sides

Adil is the command of Allah. "Allah tells (you) to be fair and do good," (Qur'an, An-Nahl: 90). Although not unjust part of God's command, but many among men who neglect to do justice, they tended to commit fraud, injustice, despotism for the benefit of individuals, groups, and certain groups, even for the sake of a particular ethnicity. Though God threatens to defectors from the truth and justice with the threat of hell, "As for those who deviate from the truth then they become firewood for hell," (QS. Al-Jinn: 15).

Likewise in bermuamalah, the concept of justice for both parties is a top priority in the activities muamalah in Islam. For example, fair trade transactions. "And complete the measures and weights with justice," (QS. Al-An-am: 152). Sometimes we underestimate of justice in the measure and weigh, when God tells us to do justice to it. Many of our society, especially the trade and often use tools such as scales, they are often tempted to take advantage by reducing weight and dose. Even for the benefit that we are willing to sacrifice a bit of the consumer by reducing the quality and dose, but the action was prohibited by our religion.

E. LEARNING OBJECTIVES fiqh muamalah

First, as obedience to Sharia of Allah. According to Husein Shahhatah, in the field muamalah this Maliyah, a Muslim is obliged to understand and practice muamalah (Islamic economics) as adherence to the shari'ah of Allah. If he does not understand this Maliyah muamalah, then it will fall to something that is forbidden or doubtful, without realizing. 14 [7]

Second, realize the integrity of a Muslim fanatic, so that Islam is no longer partial, because Islam is not only worship and munakahat, but also other aspects, particularly the economy. When Muslims are still struggling and the practice of usury economic system in various economic activities, means kaffah become Muslim yet, because the teaching of Islamic economics waiver.

Third, implement and practice the Islamic economic well in making a living, trade or through Islamic banks, insurance sharia, shariah mutual funds, pawnshops sharia, or BMT, gain worldly and hereafter. Worldly gains in the form of profit-sharing, gain ukhrawi is the liberation of the elements that are forbidden usury. Besides a Muslim practice sharia economy, get a reward, because it has been the practice of the teachings of Islam and left the usury.

Fourth, the practice of economy based on Islamic sharia worth of worship, as has been the practice of Shari'ah of Allah.

Fifth, the practice of Islamic economics through the institution of Islamic banks, insurance or BMT, means supporting the advancement of economic institutions of Muslims themselves, means' Izzul Islam wal Muslims.

Sixth, the practice of Islamic economics to open savings accounts, deposits or a customer of Islamic financial institutions such as Islamic banks and insurance Shariah, means supporting the economic empowerment of Muslims themselves, because the funds collected for Islamic financial institutions that can be used Islam itself efforts to develop the Muslims.

Seventh, the practice of Islamic economic means to support the movement of commanding the good and forbidding the evil, because the funds collected should only be used for businesses or projects kosher.

Eighth: the teachings of Islamic economics will improve people's welfare and happiness of the world and hereafter.

BIBLIOGRAPHY

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Bakry, Nazar, Fiqh and Usul Fiqh, Jakarta: PT Persada king Grafindo 2003

Mas'adi, Ghufron A, Fiqh Muamalah Contextual, Jakarta: PT Raja Grafindo Persada, 2002

Nabela, Basic Principles of Fiqh Muamalah, in http://nabela.blogdetik.com/islamic-economic/prinsip-dasar-fiqh-muamalah/ access pkl date of October 27, 2011 11:22

Syafe'i, Rachmat, Fiqh Muamalah, Bandung: Pustaka CV Setia, 2001