Hiwalah

In: Religion Topics

Submitted By nizambahrom
Words 2778
Pages 12
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…...

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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...

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...ISLAMIC BUSINESS TRANSACTION CONTENT DEFINITION DEFINITION EVIDENCES PILLARS CATEGORIES APPLICATION 2 Ð Ð Ð Ð Ð Ð DEFINITION EVIDENCE PILLARS OF AL-HIWALAH CATEGORIES OF AL-HIWALAH ADVANTAGE OF AL-HIWALAH APPLICATION OF AL-HIWALAH DEFINITION DEFINITION DEFINITION EVIDENCES PILLARS CATEGORIES APPLICATION 3 Ð Literally To turn over; move or transfer Ð Technically To make a transfer of a debt from one debtor to the debtor account of another To transfer a debt from one person (debtor) to another with the same price, it comes to the consequence than the liability of the debtor is abolished. In other words, the first obligator is freed from any financial obligations. Ð Hiwalah is a contract which caused the transfer of debt from one party to another. Ð According to Mughni Muhtaj, the term Hiwalah is refer to the debt transfer from a party/person to another. NATURE OF AL-HIWALAH DEFINITION DEFINITION EVIDENCES PILLARS CATEGORIES APPLICATION 4 Ð Through the transfer of a claim of a debt, the responsibility for its settlement is shifted from one person to another. Ð Hiwalah is similar to the sale of debt but is not sale, it also resemble kafalah and wakalah. Ð However, it is a unique contract which has its own distinct features and condition. Ð The three important participants in a hawalah contract are: the principal debtor, the creditor and the transferee. Ð When a valid hawalah is...

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...Literally  To turn over, move or transfer Technically  To make a transfer of a debt from one debtor to the debtor account of another  To transfer a debt from one person (debtor) to another with the same price, it comes to the consequence than the liability of the debtor is abolished. In other words, the first obligator is freed from any financial obligations.  Hiwalah is a contract which caused the transfer of debt from one party to another.  According to Mughni Muhtaj, the term hiwalah is refer to the debt transfer from a party/person to another.  Through the transfer of a claim of a debt. the responsibility for its settlement is shifted from one person to another.  Hiwalah is similar to the sale of debt but is not sale, it also resemble kafalah and wakalah.  However. it is a unique contract which has its own distinct features and condition.  The three important participants in a hiwalah contract are: the principal debtor, the creditor and the transferee.  When a valid hiwalah is concluded, the debt is no longer demanded from the principal debtor.  this is because in hiwalah, the debt is transfered from the principal debtor to the transferee.  Furthermore. hiwalah establishes a right for the creditor to demand the settlement of debt from the fransferee. Evidence Hadith • The prophet S.A.W: “The deferment (of paying debt) by the richer is an injustice. When there is one of you, get the offer from other to transfer your debt to another person...

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