Friday, January 14, 2011

Contemporary Islamic Law

Contemporary Islamic Law /http://article-boy.blogspot.com/
Shirkah


A. Understanding shirkah
Etymologically, ash-shirkah, mixing, namely a mixture of something with others, making it difficult to distinguish. Ash-shirkah including one form of trade and harmonious cooperation of certain conditions, which in positive law disebutdengan peserikatan trade.
The terminology is to act in a legal imprimatur for two people working together against their property. According Syafi'iyah is the right of legal action for two people or more on something they agree upon.
1. The legal basis ash-shirkah
Akad ash-shirkah allowed, according patra fiqh scholars, according to the word of god in the letter an-nisa '4:12, which reads:
"then their association in a third of the property ..."
2. Various kinds of ash-shirkah.
(1) shirkah al-Amlak
Two or more people own property together without going through or preceded by ash-shirkah contract. The contract is divided again into two Bentu namely:
(a) shirkah ikhtiyar (union based on the association's choice), ie unions appear akibata yanng legal action the association, the two men agreed to purchase an item, or receive a wealth endowments, grants, wills etc.
(b) shirkah algebra (union which arise by force, not the wishes of the people who organize), which is something determined to be owned by two or more persons, without the will of them, such as inheritance they received from a person who died.
(2) shirkah al 'Uqud
Shirkah in this form is an agreement which means two or more people agreed to bind themselves in the union of capital and profits.
3. Pillars shirkah
The phrase offers to do the union and union expressions of acceptance, the two men who berakad, and object agreement.
4. The end of the contract ash-shirkah
1. One of the parties to resign, because according to experts jurisprudence union contract was not binding.
2. One of the parties that association died.
3. One party loses its capacity to act of law, like crazy difficult to cure.
4. One of the apostate.

No comments:

Post a Comment

silakan masukannya