08/03/2013

research hadits


A.  PRELIMINARY
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.

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 textyadhribu” 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).
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.     BIBLIOGRAPHY
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