الشروط الفاسدة وآثارها في عقد المضاربة

Abstract

As we know that mudharabah is one of the purchase contracts that are permissible in Islam. Mudharabah is a contract which is at least there are two sides, one is the owner of a property and another is an employee who is working with the owner of a property and profits will be divided between them fairly and evenly. The two parties must agree to the profit that will be divided and agree with their mudharabah’s agreement. If these broken conditions are required, mudharabah will be rejected and the effects will bring losses to both sides as the owner of the property will loss his property while the employee is only getting tired and weary from his job. The source of this academic training is by reading the books of fiqh, books of hadith dan books of tafsir in the library of Sultan Sharif Ali Islamic University and University Brunei Darussalam, and also by downloading books that are available in the websites in order to get necessary materials. In addition, resources are also available from the websites to obtain information that are related to the mudharabah’s contract. The purpose of this academic training is to explain to anyone who does not know about the broken conditions and its effect in mudharabah’s contract. This academic training is also to explain about what are the opinions of fuqaha or Islamic scholars about the broken conditions and its effect in mudharabah’s contract either it is agreed or not. This academic training is divided into two chapters, chapter one is about the concept of mudharabah, its evidence, its wisdom and the types of mudharabah. In chapter one, it is also divided into four parts, the first part is about the meaning of mudharabah in terms of language and terminology, the second part is about the evidence of mudharabah from the al-Quran, Sunnah, Ijmak and Qiyas, the third part is about the wisdom of mudharabah and the fouth part is about the types of mudharabah. Chapter two is about the concept of defective and its impact on the contract. In chapter two, is divided into two parts, the first part is about the concept of defective conditions and the second part is about the conditions that leads to defect in mudharabah and its effect on the contract. The result that can be obtained from this academic training is that the writer learns new things because he doesn’t know about broken conditions and its effect in mudharabah’s contract before.