Konsep Akad Wakalah dalam Fikh Mu'amalah

Summary

The video discusses the concept of 'wakalah' in Islamic jurisprudence, explaining its meaning as delegation or representation. It explores how wakalah involves entrusting another party to carry out a task on behalf of someone unable to perform it, as seen in various examples such as business transactions and legal matters. The script highlights key aspects like the conditions and types of wakalah, its application in different scenarios, and the scholarly perspectives of the Shafi'i school of thought. The speaker also draws on examples from the Quran, Hadith, and Islamic legal rulings to clarify the concept and its relevance in daily life.

Takeaways

• 😀 Wakalah refers to the concept of delegation or representation, where one person entrusts another to act on their behalf in tasks they are unable to complete themselves.
• 😀 In Islamic jurisprudence, particularly in the Shafi'i school of thought, wakalah is defined as the delegation of authority to carry out a specific task that can be substituted by others, such as teaching or representing in legal matters.
• 😀 The practice of wakalah is commonly seen in daily life, such as asking an assistant to teach when a lecturer cannot attend or having someone represent you in legal matters.
• 😀 A fatwa from the Indonesian National Sharia Council (DSN-MUI) elaborates on wakalah, confirming it as a valid delegation of authority to carry out permissible tasks on someone else's behalf.
• 😀 In the Quran, the concept of wakalah is exemplified through the story of Ashabul Kahfi, where one member was delegated to buy food for the others who were in hiding.
• 😀 In Hadith, the Prophet Muhammad (PBUH) delegated tasks to others, such as entrusting someone to carry out the marriage contract on his behalf, illustrating the validity of wakalah in various circumstances.
• 😀 The Prophet also delegated Urwah ibn Zubair to buy goats with a dinar, which resulted in a profitable business venture, showing how wakalah can also involve financial transactions.
• 😀 Key requirements for wakalah include the ability of the person being delegated (wakil) to act competently and lawfully, and the authority of the one delegating (muwakkil) should be clear and precise.
• 😀 There are different types of wakalah, such as al-wakalah al-mutlaqah (unrestricted delegation), which allows broad authority, and wakalah muqayadah (restricted delegation), which has specific limitations on time and scope.
• 😀 Wakalah ends when the task is completed, the delegating party passes away or becomes incapacitated, or the relationship is terminated by mutual agreement or other valid causes, such as replacement of representatives.

Q & A

What is the definition of 'wakalah' in Islamic jurisprudence?

'Wakalah' refers to delegation or authorization, where one person (the principal) delegates a task or responsibility to another person (the agent) to be carried out on their behalf. It can also be understood as entrusting someone to perform an action or task that the principal cannot do themselves.

What are the types of 'wakalah' mentioned in the script?

The types of 'wakalah' discussed in the script include: 1) Wakalah Mutlaqah (Unrestricted Delegation), which is a general delegation without any specific time or task limits. 2) Wakalah Muqayadah (Restricted Delegation), which is limited to specific tasks. 3) Wakalah in personal matters, such as hiring a lawyer or appointing someone to buy goods. 4) Wakalah in transactions, including sales and purchases.

What are the conditions for a valid 'wakalah' agreement?

The conditions for a valid 'wakalah' include: 1) Both the principal and the agent must be competent (sane and mentally capable). 2) The task to be delegated must be clearly defined and something that can be done on behalf of another. 3) There must be an offer (ijab) and acceptance (qabul) to formalize the agreement.

What is the significance of 'wakalah' in everyday life?

'Wakalah' is commonly used in daily life, such as when someone is unable to complete tasks due to illness or other reasons and delegates those tasks to someone else. It also appears in legal matters, where an individual may appoint a lawyer to handle their case.

Can a person who is mentally incapacitated be an agent in 'wakalah'?

No, a person who is mentally incapacitated cannot be an agent in 'wakalah.' The agent must be capable of understanding the task and performing it appropriately, and thus must be sane and competent.

What does the Qur'an say about delegation or 'wakalah'?

In the Qur'an, 'wakalah' is illustrated in the story of Ashabul Kahfi, where one person is delegated to buy food for the others who are in hiding. The Qur'an emphasizes the importance of trust, confidentiality, and acting in the best interest of others when delegating tasks.

What are the ethical requirements for someone to be a valid agent in 'wakalah'?

An agent in 'wakalah' must be trustworthy and competent. The agent should act with integrity, as it is a trust (amanah) given by the principal. People known for dishonest behavior (such as lying or falsifying information) should not be entrusted with 'wakalah'.

What is an example of 'wakalah' in legal practice?

An example of 'wakalah' in legal practice is hiring a lawyer to represent someone in court. The lawyer acts as an agent to handle legal matters on behalf of the client, as the client may be unable to do so themselves due to various reasons.

How can 'wakalah' end or be terminated?

'Wakalah' ends when one of the following occurs: 1) The principal or agent dies or becomes mentally incapacitated. 2) The task or purpose of the delegation has been completed. 3) The principal formally revokes the delegation. 4) The agent resigns or is replaced by another agent.

What does the hadith of the Prophet Muhammad (PBUH) say about 'wakalah'?

The hadiths of the Prophet Muhammad (PBUH) highlight the use of 'wakalah' in different contexts, such as when the Prophet delegated tasks like marriage arrangements and business transactions to others. These hadiths show that delegation of tasks is permissible and encouraged when one is unable to perform them personally.