PENERAPAN QAIDAH FIQHYYAH MUAMALAH الأجر و الضمان لايجتمعان DAN الغرم بالغنم DALAM TRANSAKSI EKONOMI (MUAMALAH)

Abstract

Qawaid Fiqhiyyah can be used as a tool in resolving legal issues that have no legal provisions or certainty. The muamalah field is one of the fields in Qawaid Fiqhiyyah al-Khashah. It is necessary to decipher the Qaidah Fiqhiyyah in order to find out its application in economic transactions (muamalah) in accordance with Islamic law by referring to the Compilation of Syari'ah Economic Law (KHES). These rules include qaidahُ الأَُجْرُوَُامضَّمَانُ لَُيَْتَمِؼَانُِ , the purpose of this qaidah is that between wages and compensation are not gathered or cannot be united when the provision of wages and compensation is the same because the wages are issued and the objects to be replaced are the same. But if both are different, then why not wages and compensation unite. This fiqhiyyah law relates to muamalah transactions for rent (ijarah) with wages to pay (ujrah) and compensation (adh-dhaman). Whereas in the Fiqhiyyah Qaidah امغُرْمُ بُامغُنُْ , the purpose of this qaidah is that the risk accompanying benefits means that someone who uses something must bear the risk, must be responsible for the dharar or ghurmu and dhaman that will occur. This qaidah fiqhiyyah relates to profits and losses as well as risks in the loan and loan transactions. The provisions concerning the obligation to replace damage due to negligence and responsibility for object maintenance in ijarah transactions, as well as responsibility for the costs of storing and maintaining assets in ariyah and rahn transactions are stated in the articles contained in the Compilation of Sharia Economic Law (KHES) which can be a reference in the transaction activities.