IJARAH

CHAPTER II
DISCUSSION

A.Ijarah

1. Definition of Ijarah

According to the etymology, ijara is: sell the benefits. nor does it mean in terms of etymology. for more details, some definitions below dikmukakan ijarah the opinion of some scholars of fiqh.
a). HanafiahArtinya cleric of a benefit contract with a replacement.
b). Ash-Syafi'iyaArtinya scholars on a benefits agreement containing a specific purpose and permissible, srtamenerima a replacement or substitute kebolhan with certain.
c). Malikiah scholars and HanabilahArtinya: Making the benefits of belonging to a permissible within a certain time with a replacement.
Some are translated as hired wage. According to the authors are both correct, because the author of ijara split into two parts, namely the service ijara and ijara the benda.Landasan syara'Jumhr scholars argue that ijara is prescribed by AL-Qur'an, the US-Sunnah, and Ijma '

Al-Quran
This means that "if they suckle your children for you, then give his wages."

As-Sunnah
It means "give workers wage before his sweat dry" (Narrated by Ibn Umar Mother of Majah)

Ijma '
Muslims have a friend during berijma 'that allowed for ijara beneficial to humans.


2. Terms of Ijarah

a) Terms of contract

This requirement relates to aqid, agent contract, and where the contract. This condition is often called "inqad .. according to Hanafi Ulama, 'aqid required must be reasonable and mumayyiz (minimal 7tahun), and not syaratkan not baliq. However, if instead of his own goods, akadijarah mumayyiz child is deemed legitimate, but it depends on the pleasure of her guardian.

b) Conditions of the implementation of Ijarah (An-Nafadz)

In order izarah accomplished, the goods must be owned by Aqid or she has the power penuhuntuk contract (ahliah).

c) Terms of valid Ijarah

Ijara is related to the validity of aqid (who aqad), ma'qud'alaih (the goods become the object of the contract), ujrah (wages) and the agent contract (nafs al-'Agreement), namely:

 There is the pleasure of both parties to the contract.
 Ma'qud 'alaih bermamfaat clearly.
 Ma; qud 'alaih must meet in Personality.
 Kemamfaatan object not prohibited by Personality pekerjaanyang enjoined to hire him.
 It does not take for themselves the benefits of rent. Benefits ma'qud 'alaih sesuaidengan common circumstances.

d) Terms of rental items.

e) Terms ujrah.

 Form of fixed assets that can be known
 There should be similar to the benefits of ijara goods, such as hiring wage rumahuntuk occupied by occupying the house.

f) Syaratyang back on the pillars of the contract.

g) Terms predominance

 Ma'qud 'alaih avoid defects.
 No ujur can membatahkan contract.

3. Pillars of Ijarah

According to the Hanafi Ulema, harmonious and Ijarah is Ijab Qobul, among others USING phrase al-ijara, alistigfar, al-effort, and al-Ulama ikra.Menurut Jumhur, Ijarah there are 4 pillars, namely:

 Aqid
 Shighat contract
 Ujrah (wage)
 Benefits


4. Law of nature and Ijarah

1.Nature of the ijarah

According to scholars Hanafiyah, Ijara is an agreement based on common word AllahSWT:, which may be canceled, the cancellation was linked to its origin rather than based on the fulfillment of the contract.

2.Ijarah Law

Ijara is a permanent legal kemamfaatan valid for tenants, and his regular wages for workers or people who rent ma'qud 'alaih because ijarah including buying and selling only with kemamfaatan pertukaranhanya.
Ijarah broken the law, according to scholars Hanafiyah, if the tenant has a lease or manfaattetapi people who work are paid less than the agreement padawaktu contract, this is when damage occurs to these terms. However, if the tenant kerusakandisebabkan tidakmemberi them know the type of work should diberikansemestinya wage agreement

5. Legal division and Ijarah

Ijarah two, the ijara against objects or ijara lease and hire of work or wages.

Lease-rent a.Hukum

Ijarah allowed on permissible items, such as home rooms, etc., but, dilarangijarah to things that are forbidden.

 legal provisions in the contract of ijara

 How memanpaatkan rented goods.

 Repair rented goods.

 The obligation of the lease the tenant after HAIs

b. -hire wage law

Wages of hired or ijrah 'ala al'a'mal the sale and purchase of services, generally apply in some instances such as sewing clothes, build houses and others. Ijarah 'alal-a'malterbagi two, namely:

 Special Ijarah
Ijarah is performed by a worker. The statute, the person may work in addition bekerjatidak with people who have given wage.

 Ijarah musytarik
Ijarah conducted jointly or in partnership. Hukumnyadibolehkan cooperate with others.

Sources: http://www.scribd.com/doc/25130445/Bab-II-Pembahasan-a-Ijarah