Hiwalah

Hiwalah

Introduction:
Islam is perfect. Thus Islam has set the way people live with self-contained system that even the human muamalat well with Islam. Among the Islamic muamalat Midland were systemised to us is Al Hiwalah.

Al Hiwalah is a unique system that is suitable for adaptation to humans. This is because al Hiwalah is part of human life in the secular. It often happens to the debt problem. So some way to solving this problem should be addressed secular Al Hiwalah this as a way of disposing of the problem.

Al Hiwalah not only used to resolve the debt problems even more than that, it also serves as the transfer of funds from individual to another individual, company or firm as well as which has been adopted by some of the banking system.

Thus, we   takes the opportunity to study a bit about al Hiwalah, al Hiwalah concepts, definitions, propositions evidences, harmonious and conditions of al Hiwalah. We were also discusses the concept of al Hiwalah in the banking system is related to money (remittances).

Concept of Al-Hiwalah:

Definition:

Al Hiwalah terms of language is moving. According to the Hanafi scholars define the term as the transfer of claims from obligations owed to dependents who are ready to take the liability.

Other Hanafi scholars define as a aqad al-Hiwalah (contract) which led to the transfer of debts to other debt obligations.

This means that al Hiwalah kind of contract (agreement qabul) the transfer of debt liability of a person owes to others, where other people had also due to the transfer.

For example, Ali has a total debt to Ahmad. Ahmad has a total debt currently is to Umar, according to the same amount. As Ahmad was unable to pay its debts, then consult with Ali Ahmad was asked to loan it to Umar. In this case, the Umarlah to be directly related to Ali, and Ahmad regardless of the debt obligation. But Ali was named Muhtal (moved right). While Ahmad was named Muhil (move right).While Umar was named Muhal alaih (bear...

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