Definition LeaseCERITA ISLAMI ISLAMI KUMPULAN DOA
1. Meaning / Definition / Definition Lease
Lease is an agreement or arrangement in which the tenant must pay or provide rewards or benefits of objects or goods owned by the owner of the goods lent. Law of the lease is permissible or allowed. Sample lease in everyday life such as signing contracts office building, lease the land for agriculture, hire / charter vehicles, lease vcd and dvd original, and others.In a lease should the goods are rented, tenants, lessors, rewards and agreement between the owner of the goods and the hire of goods. Tenants in return the goods or assets leased must return the goods in their entirety as the first loan without reduced or increased, unless there are other agreements agreed time before the goods change hands.
2. Things that Make Lease Cancel
- Goods damaged leased
- Period / duration of the agreement / contract lease has expired
- Goods leased defective after being in the hands of tenants.
3. Benefits of Rental
- Helping others who are not able to buy goods
- The clearance can rent the benefits of the tenants
4. The type of goods leased
Leased goods must be seen clearly in the form, which can be taken directly benefit and does not contain a defect that blocks the function
A. Rental Houses
Lease of the house is to be used as a residence by the tenant or the tenant get someone else to occupy it by way of loan or sublease.It is permissible on condition that the rent does not damage a rented building, in addition to the tenant or person occupying it is obliged to maintain the house to remain habitable in accordance with the prevailing habits amid community.
B. Lease Land
Lease of land in the Islamic contract law can be justified either land for agriculture or for pertapakan buildings or other interests.Things that must be considered in terms of the land lease agreement are as follows, "as to whether the land digunankan?" If the land is used for agricultural land, it must be applied in the agreement whether the type of crop to be planted the ground. Because the type of crops grown will be influenced the amount of the rent.The diversity of crops may also be the origin of the person who rented / owner of the land is arable allow any desired tenant, but usually not the kind of old crop / hardIf the lease land uses not described land, then lease held declared void (imperfect). Because the usefulness of the promised land, it is feared will bear a different perception between landowners with tenants and will ultimately lead to disputes.
حدثنايحي عن مالك عن ربيعة بن أبي عبدالزحمن عن حنظلةبن قيس الزرقي عن رافع بن خديج ان رسول الله ص م نهى عن
كراءالمزارع. قال حنظلة: فسألت رافع بن خديج بالذهب والورق, فقال: أما بالذهب والورق فلابأس به"Yahya related to me from Malik, from Rabi'a ibn Abu Abdurrahman, from Hanzhalah bin Az-Zuraqi qais, of Rafi 'bin Khadij, that the Prophet forbade penywaan lading fields. Hanzalah said, "When I asked Rafi 'bin Khadij, what if it is leased by gold or silver, he replied,' if the rental transaction is done with gold or silver, that's not why (be done)5. TERMS AND ARTICLE OF RENT RENT
1. The Term Lease is:
a. That rent and the rent was of legal age, sensible and equally ridla
b. Goods / rent something that has valuable benefits, usefulness can be enjoyed by the rent and it is clear that such levels: House for rent 1 year, Taxi hired from Yogya to solo one day, or a hired worker working on making iron door sizes so meters
c. The rent and the situation is clear, misalny: Home Rp. 100.000, - a month, paid in cash or installments
d. That renting is the owner of the rental item, guardian / person who receives a will (washiy) to act as trusteee. There is a willingness of both parties who rent the tenant is described paa their consent Kabul
f. For rent specified goods or properties
g. Benefit is not prohibited Personality
h. How much time enjoying the benefits of rental items must be clear
i. The rental price to be paid when the form is determined how much money
j. Do not take advantage of people who hired themselves, do not rent themselves to acts of obedience because the benefits of such compliance is to himself.
. The pillars of the lease are:Mu'jir and mus'tajir ie people who do contract lease or hire wage in terms of wages hired. Mus'tajir someone that people who give reward for doing something, while Musta'jir are people renting something. Required to mu'jir and mus'tajir are people who baliqh, intelligent, qualified to take tasharrup (mengendlikan treasure), and bless each other.Ujrah (wage / rental price), disyratkan unknown number by both parties, both in the lease or hire wage goods leased or something done.
TERMS OF THE RENT
a. Not all properties can be diakadkan Ijarah, the objects must meet the following requirements:
b. The benefits of the object must be known. it can be seen from the examination, or the owner gives transparently inform about the quality of the benefits of goods
c. Objects can Ijarah handed and used directly and does not contain a defect that blocks the function. Not justified lease remaining goods to a third party.
d. Ijarah objects and their use must not conflict with the laws of Personality
e. Leased object is a direct benefit of the object, not justified rent benefits yng indirect objects. like a tree to take his rent, lease livestock for milking, and others - others
f. The object must be a treasure treasure is isti'maly, ie objects that can be used berungkali without damaging substance. Therefore renting objects are istihlaki (reduced or damaged property due to the use of substance) against unauthorized Ijarah. In this case there is a rule: "any property that is being used substance does not change, may be used as Ijara, otherwise it should not be"
LESSONS RENT RENT
Lessons in persyariatan lease is immense. Because in the lease contained an element exchange between human benefit one another. exchange between human benefit one another. because of deeds done by one person must not be the same as the actions committed by two or three people for example. If the rental form of goods, then the rental agreement is hinted to mention the nature and quantity as for the terms in the branch of jurisprudenceWisdom in the rental is to prevent hostility and discord may not rent an item that is not clear is the extent of the estimated benefits and mere conjecture. and, barangkalai unexpectedly goods can not give any avail. This issue has been discussed at length in the branch of jurisprudence, then look back if you want additional benefits.
ease is exchanged something with no return. The type of goods that are rented consists of six, namely:
1. Car hire goodsLease of goods, there are two kinds:
- Rent rent a house, and
- Lease rent land
2. Rent renting animals
3. Wages in the act of Worship
4. Hire the Quraysh
5. Wages bruise
6. Hire a daily wage worker, monthly, yearly, or based on the number that worked.Terms of lease there are ten and have the five pillars of the lease. The purpose of the lease is to take advantage of what was hired with a specific purpose and permissible after being hired. Profit and loss provisions in the lease is when the goods are damaged due to the use that exceeds its capacity can be sued for compensation of the damage, the tenant is not encumbered damages if the damage after the expiration of the lease agreement.
Global lease has two laws, namely:
Case case and binding contract that requires it without any emergency that would override the law and the law of emergency that came later, and it divides the things that require the presence of dependents and lack of dependents and obligations of any cancellation and the absence of cancellation; and legal disputes. As for the cancellation of the lease consists of seven kinds.