Overview of the Law of Islam engagement
Muamalah in the field, known as a
principle of Islamic law, namely the principle of permissibility, or
permissible. This principle is demonstrated ability to do all civil
relationships (part of the relationship muamalah) all the arrangements are not
prohibited by the Qur'an and as-Sunnah. This means that Islam gives ample
opportunity for interested parties to develop a variety of shapes and civil
relations (new) in accordance with the times and needs of mankind.
To
find out whether the e-business in terms of conflicting
or no engagement
of Islamic law, then
the e-business must comply with the terms and covenants under the law of the engagement pillars of Islam. The
pillars that must be met in a contract, in essence, the subject of the engagement must have
baligh (adult and
sensible) and free from pressure or coercion
from others. Tersbut things are the main requirements that absolutely must be met for paa engagement
party that will make Islam.
Regarding the
adult condition, in
e-business is difficult to determine the
parties who perform engagements in compliance with such provisions serve targeted. This is because the parties do not meet physically but
through the internet so that
the parties can find
out how the physical condition of the others.
Therefore, if the parties do e-commerce
has grown able
to act independently (not under guardianship) then perikatanya valid.
About e-business objects have to qualify the object agreement are:
About e-business objects have to qualify the object agreement are:
1. There
has been a time of contract held
Goods
traded in e-commerce there who are
ready to send or are ordering. Thus,
there is sense in
this transaction are preferred form of display objects in a display tersbut
internet. If the goods are promised according
to the information, then the
sale is legitimate. However, if it turns
out differently, then the party who did not
witness may choose to accept or not to exercise the right khiyar.
2. Justified by sharia
Objects that are justified by the substance of the Shari'a not only lawful, but also be beneficial. The important thing is the presence of a consensus on the object and therefore it becomes legally valid transaction.
Objects that are justified by the substance of the Shari'a not only lawful, but also be beneficial. The important thing is the presence of a consensus on the object and therefore it becomes legally valid transaction.
3.
It must be clear and known
Object agreement should have clear and known by the parties, then if the goods or the price is unknown, unauthorized trading as possible to contain elements of fraud. Regarding the terms "unknown", just to see the goods and the size, though its form is unknown. And the unit price of goods must be known to the buyer.
Object agreement should have clear and known by the parties, then if the goods or the price is unknown, unauthorized trading as possible to contain elements of fraud. Regarding the terms "unknown", just to see the goods and the size, though its form is unknown. And the unit price of goods must be known to the buyer.
4.
Can be handed over
E-business in various physical problems in the network or other communication system such as items to be transacted contains information on business, then this becomes a problem. Therefore, the concept of handing over the e-commerce needs to be expanded not only in the physical sense. Because, in terms of the engagement can be handed over to Islam essential because it ensures that the engagement was true and there will be no losers.
A transaction or agreement must meet a legal contract. Due to the principle adopted by the Civil Code is the universal principle of the transaction. Technological development is inevitable and because the understanding developed during this, the agreement terms listed in Civil Code section 1320 applies only to conventional transactions. Though not the case, the development of technology is one of a technological reality. Reality technology only serves to make the conventional legal relationships can take place effectively and efficiently.
E-business in various physical problems in the network or other communication system such as items to be transacted contains information on business, then this becomes a problem. Therefore, the concept of handing over the e-commerce needs to be expanded not only in the physical sense. Because, in terms of the engagement can be handed over to Islam essential because it ensures that the engagement was true and there will be no losers.
A transaction or agreement must meet a legal contract. Due to the principle adopted by the Civil Code is the universal principle of the transaction. Technological development is inevitable and because the understanding developed during this, the agreement terms listed in Civil Code section 1320 applies only to conventional transactions. Though not the case, the development of technology is one of a technological reality. Reality technology only serves to make the conventional legal relationships can take place effectively and efficiently.
List Words
1.
Serve : giliran
2.
Civil : sipil, perdata
3.
Essential :
hal-hal yang perlu
4.
Sense :
pengertian
5.
Principle : hal urgen, prinsip
6.
Agreement :
persetujuan
7.
Contract : kontrak
8.
Engangement :
pemesanan, perjanjian
9.
Legal :
sah
10. Muamalah
: muamalah
List Questions
|
T
|
J
|
V
|
D
|
S
|
Z
|
A
|
Z
|
Q
|
Y
|
|
Q
|
Z
|
W
|
Z
|
W
|
P
|
E
|
O
|
T
|
U
|
|
S
|
N
|
E
|
Q
|
G
|
C
|
I
|
V
|
I
|
L
|
|
B
|
M
|
N
|
E
|
H
|
O
|
P
|
E
|
R
|
O
|
|
C
|
T
|
G
|
M
|
K
|
N
|
K
|
R
|
T
|
I
|
|
X
|
L
|
A
|
W
|
F
|
T
|
T
|
V
|
U
|
Y
|
|
S
|
K
|
N
|
K
|
T
|
R
|
E
|
I
|
G
|
H
|
|
F
|
D
|
G
|
L
|
S
|
A
|
W
|
E
|
F
|
S
|
|
B
|
R
|
E
|
M
|
D
|
C
|
B
|
W
|
D
|
E
|
|
G
|
Y
|
M
|
T
|
R
|
T
|
N
|
S
|
C
|
N
|
|
H
|
P
|
E
|
N
|
T
|
W
|
V
|
F
|
X
|
S
|
|
L
|
G
|
N
|
B
|
W
|
H
|
P
|
G
|
Z
|
E
|
|
K
|
K
|
T
|
G
|
P
|
Y
|
R
|
J
|
B
|
M
|
Leave a Reply