Gharar(Spekulasi) dan Aplikasinya Terhadap Akad Sewa Pemancingan, Akad Build Operate Transfer(B.O.T) dan Penentuan Upah Dari Hasil Penjualan

Muhammady, Kifaa Hul Banna and , Dr. Muhammad Arifin Badri, M.A and , Dr. Imron Rosyadi M.Ag (2021) Gharar(Spekulasi) dan Aplikasinya Terhadap Akad Sewa Pemancingan, Akad Build Operate Transfer(B.O.T) dan Penentuan Upah Dari Hasil Penjualan. Thesis thesis, Universitas Muhammadiyah Surakarta.

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Abstract

The aim of this research is to clarify the reality of gharar in three leasing contract, ‎using a library research that includes two things, a theoretical process and practical ‎process that combines the theory of gharar and it’s applications in leasing, All ‎applied scientific information is taken from traditional jurisprudential references ‎and contemporary jurisprudence books, as well as from articles spread on the ‎Internet. Gharar is one of the greatest corruptions that occur between peoples, that ‎can separate between two brothers or between spouses. Gharar is something that is ‎not known for sure whether it can be obtained or not, or an unknown specified ‎things. In order to know the affectivity gharar in transaction, it has regulations ‎that you refer to in order to know its rules. The regulations are, first: too much ‎volume of gharar in contracts, so the gharar in the contracts is predominant. ‎Second: the gharar include in commercial contracts. Third: gharar must be in the ‎core of the contract and not in the side of the contract. Fourth: There is no need to ‎include gharar in the contracts necessary.In this research, gharar will applied in ‎the lease contracts which is among the commercial contracts, for example: fishing ‎rental, Build Operate Transfer, determine fees from the percentage of sales of ‎goods. First: Fishing rental, the speculation lies in the core of the contract which is ‎the fish. When the amount of earns is unknown, the fishers is between lucky or ‎loss, because it is possible that the fish price is less then the ticket price, then he ‎will suffer from loss, or it’s more expensive than the value of the ticket price, then ‎he will be lucky. Second: Build Operate Transfer Contract, is “the agreement from ‎two sides, one of them own the land, and the other will establish a project for the ‎benefit of landlord with being allowed to use the project for a certain time, then ‎the buildings were returned to the landlord with a good condition”. The ‎speculation take place in the core of contracts, which is in benefit and fee. The ‎amount of benefit of land in a certain times is an unknown measurement of ‎benefit, and the fee which is the returned building is an unknown identify because ‎of the age of the building. Third: determine fees from the percentages sales of ‎goods, this lease is a workers type. The speculation is takes place in the core of ‎contract which is it fees, because the amount of fee is unknown in front of ‎contract. Therefore, we want to know whether the gharar affects the validity of ‎contracts or damage it, by researching and looking at the opinions of fiqh scholars.‎ Keywords: gharar, leasing, application

Item Type:	Thesis (Thesis)
Uncontrolled Keywords:	Gharar, Applications, leasing
Subjects:	B Philosophy (General) > BA Islam > BA12 Hukum Ekonomi Islam K Law > K Law (General)
Divisions:	Fakultas Agama Islam > Hukum Ekonomi Syariah (HES)
Depositing User:	Unnamed user with username o200190009
Date Deposited:	21 Oct 2021 03:00
Last Modified:	26 Sep 2022 06:34
URI:	http://eprints.ums.ac.id/id/eprint/94743

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