company and syari'ah contract foundation

The concept of sharia corporate governance is different from the concept of Western governance. Corporate governance in Islam rejects nationality and rationalism as the philosophy of shari'ah corporate governance and entrusts with monotheism. The concept of corporate governance in an Islamic perspective refers to the system, that is, the company is directed and controlled in order to meet the company's objectives by protecting the interests and rights of stakeholders. Tata emphasizes the element of maqasid shari'ah which means protection of human welfare, which is located in the form of protection of human rights in the form of religious, living, intellectual, ancestral, and welfare beliefs.


A. Sharia organization organization
1. Form of business organization in the Shariah Economy
In Islamic economics, the forms of business organizations are generally grouped into three forms, namely the business organization of individual companies (sole proprietorship), the form of partnership / partnership, and mudharabah business organizations.

a. sole proprietorship
like the capitalist economic system, Islamic economics allows private enterprise by individuals and does not bind it. In this company the owner is free to decide on capital, either through loans or selling his goods in a direct manner.

b. syirkah partnership
the word syirkah comes from the Arabic word, that is from the word syarikayasrokus, syarika / syirkatan / syarikatan which means to be an ally or union. Etymologically, syirkah means mixing two parts of the hand or more so that it can no longer be distinguished from the other parts (An-Nabbani, 1990)
As according to the meaning of shari'ah, syirkah is a contract between two or more people who agree to do business with the aim of obtaining profits.
Partnership (partnership) is a relationship between two or more people to distribute profits (profits) or losses (loses) of a business that is run by all parties or one of them as a manager.

1) Laws and Pillars of Syirkah
The law of Shirkah is ja'iz (permissible), at the time of the Prophet (PBUH). Sent as a Prophet, the people at that time had bermuamalah by way of shirkah and the Prophet Muhammad. Justify it.

Prophet Muhammad SAW. Said, as has been said by Abu Hurairah r.a. Allah SWT. Berfirman: "I am the third party of two parties who give their heartfelt as long as one of them does not betray the other. If one of them betrays me, I will come out of both of them ”(H.R. Abu Dawud, Al-Baihaqi, and Ad-Daruqutni)

There are three pillars of syirkah:
a) the contract (consent and kabul) is also called syighat
b) two parties who have a contract (aqidain)
c) contract object (maqqud ‘alayhi)

As for the terms of the contract, which is as follows.
a) The object of the contract is a tassarruf, namely the activity of processing assets by entering into a contract. For example, buying and selling
b) The contract object can be represented (wakalah), so that the benefits of shirkah become a common right among the shirkah.

2) Types of syirkah organizations
Syari'ah has a classification, namely syari'ah property rights (syarikatul amlak) and syirkah transactions (syirkah uqud). Musyarakah ‘amlak (automatically) is two or more people who have goods without a contract. This type of musyarakah is divided into two: a) syirkah jibary (coercion), i.e. syirkah which is assigned to two or more people who are not based on the deeds of both, such as someone is inherited something then the one who is inherited becomes their ally; b) syirkah ikhtiari (voluntary) arises because of the contract of two people who are allied.

musyarahI ‘uqud (on the basis of a contract) is a form of transaction that occurs two or more people to ally in property and profits. Syirkatul uqud.

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