Islam as a
comprehensive religion, has two sources of law that definitely and clearly, named al-Quran and al-Hadith.
The Qur'an is the
word of Allah as revealed to the
Prophet Muhammad as a revelation, therefore, Qur’an has no doubt
in it. Whereas hadith
that come from sayings, actions, and decisions of the Prophet, it was transmitted not only to the people who trusted
only, but to all
those who hear or see it. Therefore, a
lot of misunderstanding in the
transmission of hadith, and there are also
those who deliberately falsified
hadith by certain
causes. It makes the
hadith has many kinds and levels. Hadith that
correctly called the
saheeh, while the
weak called da'eef.
A hadith used for
assign a specific
legal and become a theorem for the law.
Many Muslims are often
heard some hadiths, some are even memorize with
particular purpose. But, these activities seem less
offset by some other, more in-depth knowledge of
the intricacies of hadith. Due
to study a hadith,
it is actually necessary to other
sciences in order to determine
the value of a hadith and facilitate in understanding
it.
So, in addition for fulfilling the
assignment of Ulumul Hadith,
this study aims to determine the assessment process of Hadith based seriality of sanad, the
quality of the narrators and authenticity of matan and understand the meaning of the hadith. In
addition, we may explore again the works of the
scholars were very numerous.
Muamalah is a part of the fiqh which has
a very broad scope compared to the other branches of fiqh.
Muamalah practice specifically evident in the economic activities carried out by the Muslim community. Even today, people who practicing muamalah
not only Muslims but
also non-Muslims. It is evident that the practice
economy which based on Shari'a has many benefits
for all parties.
Economics is closely associated with a financial institution, one of the
main is bank. Currently, many banks appear based on the principles of Shari'a
are commonly called Islamic banks. The fundamental difference between Islamic
banks and conventional banks is a system of profit sharing as a source of
profit in Islamic banking. The term profit sharing only in Islam, because
profit sharing is a method of division of profits in a trust. Not only the
profits which is divided equally and as agreed, but also the losses that may
result from the practice.
Profit sharing system is closely associated with mudaraba. This contract is one
of the types of Musharaka
(in the opinion of scholars Hanafiyah). Mudaraba contract
become one of the popular and frequently used by
the public at this time, as
mudaraba can form a partnership between the owners of capital and workers, both of them will get
benefit based on mutual agreement.
Mudaraba has been done since the time of Prophet
Muhammad, it is evidenced by the
several hadith that
tells about this muamalah practice. However, it should be examined further as not
all status of hadith are saheeh. There
is a hadith that da'eef or weak because there
are some requirements that are
not met as the saheeh hadiths.
To learn how to understand the content , editorial, and the meaning of
hadiths relating to the above, we need a stage study of hadiths that became the
foundation of law in this mudaraba. Additionally, when doing research, it turns
out we just knew about mudaraba hadiths has not been widely discussed or have
not been a lot to the attention of scholars, both classical fiqh scholars and
scholars of contemporary fiqh. In fact on the field today, the majority of
economic activity is closely associated with mudaraba. Therefore, we are more
determined to take the title of this mudaraba in doing research.
Given the diversity of hadith, especially in terms of quality hadiths contains, researching the validity of efforts traditions contained in it becomes urgent to do, so that Muslims really able to sort out the valid hadiths (sahih) with the invalid, for can be held as a source of religious teachings (tasyri ') second (al-masdar al-thani) in Islam.
Given the diversity of hadith, especially in terms of quality hadiths contains, researching the validity of efforts traditions contained in it becomes urgent to do, so that Muslims really able to sort out the valid hadiths (sahih) with the invalid, for can be held as a source of religious teachings (tasyri ') second (al-masdar al-thani) in Islam.
B.
RESEARCH SANAD
1.
Sanad of Hadith
I choose a theme about mudaraba or in
other terms called muqarada. According to word key قرض, I could find one hadith that
contains about that contract in book untitled al-Mu’jam al-Mufahros li
Alfadzi al-Hadith al-Nabawy with part of the hadith is:... وإخلاط البر بالشعير للبيت لا للبيع = سنن ابن ماجه ، تجارات
62 from
that instruction, it can be knew that the matan, sanad, and the mukharrij
al-hadith about mudaraba is:
حدثنا
الحسن بن علي الخلال، حدثنا بشر بن ثابت البزار، حدثنا نصر بن القاسم عن عبد
الرحمن (عبد الرحيم) بن داود، عن صالح بن صهيب عن أبيه قال: قال رسول الله صلى
الله عليه و سلم: "ثَلاثٌ فِيهِنَّ البركة: البيع إلى أجل، والمقارضة، وإخلاط
البر بالشعير للبيت لا للبيع."
Tell us al-Hasan bin Ali al-Khilal, tell us Basyr bin Tsabit
al-Bazzar tell us Nashr bin al-Qasim, from ‘Abd al-Rahman (‘Abd al-Rahim) bin
Daud, from Sholih bin Shuhaib, from his father, he said: Prophet PBUH said: “three things in which there is a blessing , such
as, tough trading, muqaradlah (mudaraba), and mix the wheat
with sya'ir for
food at home, not for sale”
(narrated by Ibnu Majah).
2.
Isnad Bundle of Hadith
رسول الله صلى الله عليه و سلم
قال
صهيب
بن سنان
عن
صَالِحِ بْنِ
صُهَيْبٍ
عن
عبد الرحيم بن
داود
عن
نصر
بن القاسم
حدثنا
بشر
بن ثابت البزار
حدثنا
الحسن
بن علي الخلال
حدثنا
ابن ماجه
C.
RESEARCH MATAN
1. Comparison the hadith with the verses of the Qu’ran
حدثنا
الحسن بن علي الخلال، حدثنا بشر بن ثابت البزار، حدثنا نصر بن القاسم عن عبد
الرحمن (عبد الرحيم) بن داود، عن صالح بن صهيب عن أبيه قال: قال رسول الله صلى
الله عليه و سلم: "ثَلاثٌ فِيهِنَّ البركة: البيع إلى أجل، والمقارضة، وإخلاط
البر بالشعير للبيت لا للبيع."
Tell us al-Hasan bin Ali al-Khilal, tell us Basyr bin Tsabit
al-Bazzar tell us Nashr bin al-Qasim, from ‘Abd al-Rahman (‘Abd al-Rahim) bin
Daud, from Sholih bin Shuhaib, from his father, he said: Prophet PBUH said: “three things in which there is a blessing , such
as, tough trading, muqaradlah (mudaraba), and mix the wheat
with sya'ir for
food at home, not for sale”
(narrated by Ibnu Majah).
In the above
hadith is understood that there are some practices of muamalah that bring
blessing, namely a tough sale or purchase for which payment is deferred while
the goods given first, then mixed wheat with syi'ir (a type of wheat) for food
at home, not for sale . This is because Islam does not allow mixing something
else on a different kind because it will hurt the buyer. The last is muqaradlah
or in other terms understood mudaraba, which comes from the word dharb, it means
hitting or running. Understanding hit or walk rather in a process someone wham
his leg in running the business. From the origin of the word dharaba this, it
is known that mudaraba is also mentioned in the Qur'an in Surah Al-Muzzammil
verse 20, which reads:
إِنَّ
رَبَّكَ يَعْلَمُ أَنَّكَ تَقُومُ أَدْنَى مِن ثُلُثَيِ اللَّيْلِ وَنِصْفَهُ
وَثُلُثَهُ وَطَائِفَةٌ مِّنَ الَّذِينَ مَعَكَ وَاللَّهُ يُقَدِّرُ اللَّيْلَ
وَالنَّهَارَ عَلِمَ أَن لَّن تُحْصُوهُ فَتَابَ عَلَيْكُمْ فَاقْرَؤُوا مَا
تَيَسَّرَ مِنَ الْقُرْآنِ عَلِمَ أَن سَيَكُونُ مِنكُم مَّرْضَى وَآخَرُونَ
يَضْرِبُونَ فِي الْأَرْضِ يَبْتَغُونَ مِن فَضْلِ اللَّهِ وَآخَرُونَ
يُقَاتِلُونَ فِي سَبِيلِ اللَّهِ فَاقْرَؤُوا مَا تَيَسَّرَ مِنْهُ وَأَقِيمُوا
الصَّلَاةَ وَآتُوا الزَّكَاةَ وَأَقْرِضُوا اللَّهَ قَرْضاً حَسَناً وَمَا
تُقَدِّمُوا لِأَنفُسِكُم مِّنْ خَيْرٍ تَجِدُوهُ عِندَ اللَّهِ هُوَ خَيْراً
وَأَعْظَمَ أَجْراً وَاسْتَغْفِرُوا اللَّهَ إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ (المزمل:٢٠)
“Undoubtedly, your Lord knows that you stand up for prayer sometime
for nearby two third of the night, sometime half of the night, sometime a third
of the night, and also a party of those who are with you. And Allah estimates
the night and the day. He knows that you muslims can not count the night, then
He turned towards you with His mercy, now recite from Quran as much as is easy
for you He knows that soon some of you will fell ill and some others will
travel in the earth seeking the bounty of Allah and some others will be
fighting in the way of Allah, so recite Quran what you can, and continue
keeping prayer and pay, the poor-due (Zakat) and give a goodly loan to Allah.
And whatever good you will send forward for you, you will find it with Allah as
better and greater reward. And beg forgiveness from Allah. Undoubtedly, Allah
is Forgiving Merciful.” (Al-Muzzamil: 20)
In the above verse
mentioned text “yadhribu” that same
with root word mudaraba meaning business travel. It can
be understood that God allows
people to work and seek his grace on earth,
as long as it does not neglect worship and remember Him. Hence the mention of text
“yadhribu” preceded and ended with the
command to reading the Koran
and prayer.
To find the grace of God has many diverse way, because
the legal origin of
the muamalah is permissible, as long as nothing that forbid it. Therefore, people are free to make
any effort as long as it is still
in the corridor of Islamic Shari'a. One business
practices are conducted in
cooperation is mudaraba. Working together in this
kind of business, it benefits the parties, both
owners of capital and workers because they will get benefit.
2. Comparing the hadith with other hadith that more authentic
عن
ابن عمر رضي الله عنهما : أن رسول الله صلى الله عليه وسلم : عامل أهل خيبر بشرط
ما يخرج منها من ثمر أو زرع (رواه مسلم)
From Ibn Umar:
That the Prophet PBUH. Has given gardens to the people of Khaibar that are
maintained by them with the agreement they would be given a portion of the
income, both of fruit or from the crops "(Narrated by Muslim).
The above
Hadith is the legal basis of muzara'ah contract, it is a processing of
agricultural cooperation between landowners and tenants, in which landowners
gave land to the tenants to be planted and maintained with a certain return
(percentage) of the crop. From this description, the systematic division of
gains in muzara'ah almost same with systematics
division of gains in mudaraba, the landowners as shahibul maal and the tenants
as mudharib (workers).
Hadith about
muzara'ah narrated by Imam Muslim is more powerful than the hadiths of mudaraba
narrated by Ibn Majah. In addition, the hadiths which describes the mudaraba
are rare. There is a hadiths narrated by Imam at-Thabrani describing mudaraba,
but unknown the forces of hadiths, whether saheeh or a da'eef. The hadith is as
follows:
روى عن ابن عباس،
قال: كان العباس بن عبد المطلب إذا دفع مالاً مضاربةً اشترط على صاحبه: لا يسلك به
بحرًا، ولا ينزل به واديًا، ولا يشتري به ذات كبدٍ رطبةٍ، فإن فعل فهو ضامنٌ، فرفع
شرطه إلى رسول الله صلى الله عليه وسلم، فأجازه.
It was narrated from Ibn Abbas
that Sayyidina Abbas
bin Abdul Muttalib
when providing funds
to his business partners by mudaraba he requires
that the funds are not carried across the sea, down the valley that dangerous, or
buy livestock. If you violate these rules, who
shall be solely responsible for the fund. It conveid that verses to the Prophet
Muhammad and Prophet also allow it.
The above hadith shows that
mudaraba is usually done by the Muslims at the
time of the Prophet, and it was allowed by the Prophet himself. Therefore, this
tradition can also be used as
proof in establishing the legal permissibility
of mudaraba transactions.
3. Comparing the hadith with the historical facts
Islam came to
the people and at that time
there were many among them a variety of contract.
Muslims regard the
contracts, then recognizes the right contract and throw the broken contract
and fixing the contracts which
there is a defect. While mudaraba contract is
the most widely practiced by Arabs.
Even Shahaba of Prophet named Abu Sufyan
apply his trading system with mudaraba
contract as stated in history, "there is no a house in Makkah unless he has a
stake in it. They
amass wealth and
then handed it over to Abu
Sufyan that he traded
between Sham and Yemen.
"
When Islam came
and found mudaraba had been applied by the
Arabs. Islam does not forbid them
and Islam recognizes
the existence of mudaraba. This
is the tasyri’ by Taqrir of the mudaraba
and the continuance of mudaraba in this cashes the tasyri’ , not need the text.
4. Comparing with the development of science and ratio
With the development of science in various fields, then it is affects the development of the application of the verses of the Qur'an and the hadith
of the Prophet in all things conduct
of human life. In this case, particularly in the field of
muamalah or transaction
between man and man.
Adjusted for the development of science, the application of meaning hadith about the core mudaraba
in this discussion is mudaraba in the Islamic
banking and other financial institutions.
Mudaraba is usually applied to funding products
and financing. On
the funding side, mudaraba apply to:
a.
terms Savings is savings which
meant for specific purposes, such as Hajj savings,
kurban saving, and so on
b.
regular deposits
c. Special deposits, which
is deposited funds of client specific to a
particular business, such as murabaha
or ijara only
As for financing, mudaraba applied for:
a. Working capital financing, such as working capital of trade and services
b. Specific investments, also called mudaraba muqayyadah, where
a special source by
distribution specifically with
the conditions set by Shahibul
maal.
5. The value of matan hadith
Hadith about mudaraba
narrated by Ibn Majah
after compared to some of the above (Qur’an, another
authentic Hadith, historical facts, and science / ratio) did not find any disagreement about its contents, and judged reasonable to
apply the wider society especially Muslims.
D.
THE UNDERSTANDING OF HADITH
1.
The
explanation of hadith
Blessing is increasing
and growing, and care for something and goodness in it. The sale and
purchase of tempo in which there
is a blessing because there is no tolerance ease
and absence of narrowness of the people who do not
owe a price to
pay for goods bought. Especially
if the staple items of food, clothing and other
human needs of the household (any kind of contract that
is exchanged).
The muqaradlah (mudaraba)
is a type of partnership
in which a number of investors hand over their
assets to others to traded
and cultivated. The
profit is shared among them
based on the agreed requirements. Profit become
the right of investors (shahibul
maal) causes capital,
in the sense that the profits is the growth from handed of capital and income was also to
manager (mudharib) related to the work that he had done in
which the work was the cause of the
profit.
In the mudaraba there is
blessing because there
happens utilization some of of human
against another. However, this contract is not
obtained which authentic texts that leaning to
the Prophet about the validity of shirkah mudaraba
as the opinion of
Ibn Hazm. Nash in the above hadith regarding a blessingin mudaraba necessitates
the sense that this shirkah is halal, legitimated,
and in it was a blessing. In the absence of texts on the shirkah mudaraba
no solid arguments
can be considered that are not needed in the text: that Islam came to the people
and at that time there
were many among them a variety of contract. Muslims
regard the contracts, then recognizes the right contract and throw
the broken contract and fixing the contracts which there
is a defect. While mudaraba
contract is the
most widely practiced by Arabs. Even
Shahaba of Prophet named Abu Sufyan apply
his trading system with mudaraba contract
as stated in history, "there is no a house
in Makkah unless
he has a stake in
it. They amass wealth and then handed
it over to Abu Sufyan that he traded between
Sham and Yemen. "
Mixing wheat with
sya'ir for daily
food in the house, in which there
is a blessing. The mix for sale in it
contains the potential for gharar
(deception).
2.
Approaches
and Methods of Understanding Hadith
The
approach through the instructions hadiths in relation to the background
appearance (sabab wurud al-hadith).
The hadith about mudaraba narrated
by Ibn Majah that has special cause.
Ibn Hazm said, "Al-Qiraadh (al-Mudaraba) have been known since the days of Jahiliyyah, and formerly the Quraysh were the traders. They have no livelihood other than it, whereas in the midst of them there are parents who are no longer authorized to travel , women, children, and orphans. Therefore, the people who are busy or sick submit his capital to others that manage it with reward get part of the results of benefits. And when the Prophet sallallaahu 'alaihi wa sallam was sent, he justify this contract , and the Muslims at that time was also running it. If there is now a dispute about this, then his opinion need not be attention, because he has violated the real practice of all the people of our time to the time of Prophet Muhammad PBUH. "(Al-Muhalla by Ibn Hazm, 8/247).
Ibn Hazm said, "Al-Qiraadh (al-Mudaraba) have been known since the days of Jahiliyyah, and formerly the Quraysh were the traders. They have no livelihood other than it, whereas in the midst of them there are parents who are no longer authorized to travel , women, children, and orphans. Therefore, the people who are busy or sick submit his capital to others that manage it with reward get part of the results of benefits. And when the Prophet sallallaahu 'alaihi wa sallam was sent, he justify this contract , and the Muslims at that time was also running it. If there is now a dispute about this, then his opinion need not be attention, because he has violated the real practice of all the people of our time to the time of Prophet Muhammad PBUH. "(Al-Muhalla by Ibn Hazm, 8/247).
From the words of Ibn Hazm
of the above can be understood that the tradition of mudaraba arise because of
the habits of the Arabs that had been the practice mudaraba, and the Prophet allow
it.
E.
CONCLUSION
After going through several stages of research above, from sanad side of
tis hadith is weak, because there are two people who were not popular and also
two people who were had weakness. But in matan side, this hadith has no contradiction
with other aspects. So, it means that this hadith is not weak.
I mean that if the sanad is weak, but the
matan is not weak, the hadith still weak (dha’eef). So, we can not to make this
hadith as the legal basic. But, only God who know all about this.
F.
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