We have seen that Islam cannot accept the current model of
the insurance system, with all its activities. But, that does not mean that
Islam is opposed to the idea ansich insurance. Not at all! Islam is opposed by
some of the principles and how. As if there are other ways that do not conflict
with Islamic law, then Islam will surely welcome.
Simply, that the rule of Islam has guaranteed his people and
the people who are under the auspices of the Islamic government in its own way,
the entire regulation and guidance. There are times when the guarantee is
through the attitude of solidarity of the community members themselves, and
sometimes through the government and the Baitul-Maal. Baitul-Maal is a general
insurance for all those who take shelter under Islamic rule.
In Islamic law, there is an assurance and ways are being
channeled to the person who got the disaster. And, that among the things that
allow a person to ask is if he's hungry overwritten. He may ask the government
(waliyul amri), and waliyul amri will restore all that he suffered or would be
sufficient to partially relieve.
We find also a guarantee to the beneficiary's death the
family, such as the Lord the Holy Prophet: "I am more than entitled to
take care of every Muslim himself, he who left the treasure, the treasure for
his heir, and whoever left the debt or bankruptcy, then for me and my
dependents." (Reported by Bukhari and Muslim)
Among the Islam guarantees against ummah, is what is called
a special section for people who owe (gharimin) in the distribution of zakat.While
the expert tafsir from ulama-ulama salaf there is who interpret the word
gharimin, namely: the person whose homes burnt, or his property washed away by
floods and so forth.
While some jurists also argue that in such circumstances he
should be given assistance from the zakat money, as many possessions that she
had suffered, though thousands and thousands.
Utilization Method
The first way. Agents
with the planting of plants or seeds sown and watered and nurtured. That is
until the results come out. This manner is a commendable way in which the owner
will get a reward from Allah because the plants can be utilized by humans,
birds and animals. Most of the Ansar Companions are living and plant crops.
They take care of their own lands, as has been explained earlier.
The second way.
If he cannot possibly take care of yourself, then lent his land to someone else
who can take care of it with the help of tools, seeds or animals to cultivate
the land, he was absolutely not take the results. Such is the way demanded by
Islam.
Abu Hurairah narrated that the Messenger of Allah said as
follows: "Whoever owns the land, then planted or give to friends."
(Reported by Bukhari and Muslim)
In one sense, he was a history of: "From Jabir he said:
We used to rent land to get the results of (mukhabarah), then we got the
results of such and such land. Then the Prophet: whoever owns the land, then
the command that to plant himself or his brother planted, otherwise, leave. "(Reported
by Ahmad and Muslim)
Based on this tradition while Dhahir Salaf of the opinion
that the use of land can only be taken with one of two ways:
1. Probably planted himself, or
2. May be submitted to others for planting without
compensation of any. I.e. control of land by the owner was taken by the work
results.
Narrated by Ibn Hazm sanadnya own up to the al-Auza'i, that
he said: "Atha ', Makhul, Mujahid and Hasan Basri all of the opinion that
the land is not planted, shall not be leased to the dirham and the dinar and
not also employed, but must be planted by the owner himself or given to others.
" It was narrated that Abdullah bin Abbas argues that the order gave the
land in the above hadiths, not mandatory but purely voluntary only.
Imam Bukhari narrated that 'Amr ibn Dinar said: I said to
Thawus, one of his fellow Ibn Abbas: if you leave mukhabarah, then they will assume
that the Prophet forbade it. Then Thawus said: people who know better, that Ibn
Abbas, once told me, that the Messenger of Allah not forbidden, just as he
said:
"It does one of you will give the land to his friend,
better than he took over the land that the results are determined."
(Bukhari)
The third way is
how muzara'ah, which gives landowners the tools, seeds and animals to which
planted about a provision he will get the results that have been determined,
for example: 1/2, 1/3 or less or more by mutual consent. It may also help the
owner of the land to those who want to planted form of seeds, tools or animals.
This method is
called: muzara'ah, musagaat or mukhabarah.
In a hadith narrated by Imam Bukhari and Muslim are
explained, that the Messenger of Allah leasing land to the people of Khaibar
with half the proceeds to the agreement of landowners. This hadith is narrated by some friends, among them: Ibn Umar, Ibn
Abbas and Jabir bin Abdullah.
This hadith is used as an excuse by those who allow
muzara'ah; and they said: "muzara'ah is a good case and was used to apply,
which is also done by the Prophet s, aw until he died, followed by the first
four caliphs until they die world. And then followed by the people afterward.
So no one expert verse the Prophet in Medina who did not do this. And so the
Prophet's wives after the death of him. "
This way should not be considered because the mansukh must
mansukh.19 lifetime Prophet As for something that is done by the Prophet till
he died, and then agreed by the caliph and they were working on it, and no one
is against it, then how could such a thing is considered mansukh? If it is
dimansukh during the life of the Prophet, but why do it after dimansukhnya his
own law? Why was it kept secret mansukhnya so that no one else caliph who
deliver it, but the story of Khaibar is very famous among them? Who is the
narrator of this mansukh, so they do not call and he did not deliver it to another
friend?
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