Covenant of Understanding
Literally, meaning the contract comes from the Arabic meaning عقد يعقد عقدا agreement or approval. This word also can mean the rope that binds because the existence of ties between people who berakad. In the book of fiqh sunnah, said the contract is defined by relations (الربط) and agreements (الاتفاق).
In the terminology of fiqh scholars, the contract can be reviewed in terms of general and specific terms. In terms of general, equal to the contract terms of the contract in terms of understanding of languages by scholars Syafi'iyah, Hanafiyah, and Hanabilah ie everything that is done by someone Based keinginananya itself as waqaf, divorce, liberation, and everything that its formation requires two people desire such buying and selling, representative, and pawn. While specific terms of jurisprudence suggested by scholars include:
• Commitments are established by agreement-based provisions qabul syara 'which affects the object.
• The connection of a greeting between people who are syara berakad 'in terms of looks and impact on the object.
• accumulation of handover or something that showed the handover is accompanied by the force of law.
• Commitments are justified syara qabul final offer 'that sets the good pleasure of both parties.
• The gathering handover between the two sides or saying someone who is influential on both sides.
Legal experts to distinguish between contract and agreement on the basis that the agreement (commitment) is more general in its use compared to the contract. Thus, more detailed usage contract term to something more important and special to what has been regulated and has a provision. While the deal terms are not necessarily so, but can be used in anything similar, misalanya to complement human activities to such an appointment that does not have a specific name or specific rules.
The agreement between the two desires in reaching the desired commitments on the future and is known to be absolutely like a sale and purchase or transfer of accounts payable. While the contract can be understood as limited in reaching an agreement. As for distinguishing between the two is skill players.
Different actors with the skill proficiency in contract commitments actors, because both have the value of each outcome. And actors are not burdened with the responsibility of the contract and the terms of agreements entered perpetrator. Thus we can conclude that the agreement or agreements entered has a wider meaning than contract.
In the execution of the contract, the desire personally (individual) is the greatest strength and fundamental in the formation of the contract and also work to limit the values generated. Power (strength) personally leaning to protect the rights and freedoms of individuals. In the execution of the contract giving (donations), in contrast to the course of the rental contract, which is similar when categorized similar activities in the implementation of the contract, but what distinguishes it is in terms of skill players. Noteworthy is that the agreement included in the contract discussions, which in this understanding, the contract must follow the discussions in private law from one side and on the other side of the contract are included in the category of financial management activities (mu'amalah al-maliyah).
But in Roman law, an agreement to implement the contract can not be accepted if only based purely personally desire without having the force of law, but must follow certain administrative forms (special).
While the definition of the contract according to Shariah scholars is the bond between the 'final offer' and 'qabul' which was held according to the provisions of Shariah law in which occurs a consequence of something that therefore the contract is held.
From the description above can be expressed bhawa Position and function as a tool of the contract is most important in whether or not legitimate muamalah and become the ultimate goal of muamalah.
Who violates the covenant of the Shari'a as to disbelieve or will commit adultery, do not have to keep. Akad-akad influenced disgrace exchange contract is an agreement-such as buying, selling and rental contract.