APPLICATION OF AL MUSAWA (EQUALITY) PRINCIPLES IN PRODUCTION AND DISTRIBUTION ACTIVITIES THE PARTNERSHIP (AL MUSYARAKAH)

APPLICATION OF AL MUSAWAH PRINCIPLES
IN PRODUCTION AND DISTRIBUTION ACTIVITIES
THE PARTNERSHIP (AL MUSYARAKAH)

A. Introduction
One of the principles of muamalah taught Islam is al musawah (principle of equality / equality). In the teachings of Islam, man is not discriminated based on race, color, rank of office, property, or other. Islam only sees man based on his devotion, that is based on his obedience in carrying out all his commandments and away from his restrictions.
In the view of Islam, people with all their differences, with different peoples, colors, race and language, and with various social positions, the work they do and the possessions they possess are all God's servants, provided they are one and their creators one there are differences in positions as human beings, also in rights and duties. this is a reality in Muslim society, and this is one of the fundamental Islamic creeds.[1]
Based on this aqid, rulers and peoples are equally in the view of Islamic shari'ah in terms of human rights and duties, there is no partial advantage over others in terms of origin and creation, the difference is only in terms of ability, talent, charity and effort, and what the job demands and professions differ.
Related to production and distribution activities that have become a necessity in the midst of the Muslim community today, whether done in a personal, institutional, or in the form of partnership (Musyarakah al), of course be our duty together, especially academics to continue to oversee the production activities and this distribution to remain in harmony and in accordance with the teachings of religion. Because only by keeping aligning all aspects of human life with the teachings of religion is, humans will be saved.
This paper intends to elaborate on the application of the principle of al musawah in carrying out the practice of production and distribution that uses the concept of musharaka which has been widely practiced by Muslims today.

B. The concept of al musawah (equality / equality of rights)
1. Understanding al Musawah
Al Musawah means language equation. According to the term, al Musawah is the equality and togetherness and respect for fellow human beings as God's creatures. Equality (Al-musawah), namely the view that all human beings are equal in dignity and dignity. Regardless of gender, race or ethnicity.[2] The high degree of human degeneration is based only on the piety of judgment and only God knows.[3] In social science discourse, al Musawah is often referred to as human rights, namely that human beings have equal rights before the law and the courts.
1. The foundation of the argument al Musawah
a. Q.S. al Hujurat: 13
O mankind, We created you from a man and a woman, and made you nation and tribe so that you may know one another. Verily the most honorable among you by Allah is the most pious among you. Allah is the Knower, the Knower. (Q.S. al Hujurat: 13)

b. Hadith of the Prophet
From Abi Nadhrah, has told me one who heard the Prophet's sermon when in the middle of tasyriq day, He said: O man, in fact your father is one, there is no surplus for the Arabs over the non-Arab, nor the Arabic not the more noble than the Arab , nor any more glorious being red over the black, except with the taqwa ... (HR Ahmad)

... from Abi al-Yaman, al-Azhari narrated from al Utaiby: What the Prophet wants in this case is that man is equal in the nasab. None of them has any merit (from the others), but they are alike, like 100 camels without a mother ... (H.R. Bukhari)
3. The principle of al Musawah in the teachings of Islam
Muhammad Ali al Hasyimy in his book, "manhaj al Islam fi al 'is wa al musawah" mentions several matters relating to the principle of al Musawah that exist in the teachings of Islam, among others:[4]
a. Equality is the fruit of justice in Islam
Among the fruits of justice in a just society are: equality, ie equality which stands on the basis of aqidah, it is more assured to be exercised, permanent and eternal in real life in Muslim societies that carry out the law revealed by Allah, away from the game of lust.

b. Everyone is equal, there is no privilege between the one beyond the other
With this understanding, the responsibility is uniform and encompasses all human beings, no one is liberated from him, all members of society are accountable for his deeds, no one has the impunity of the law that sets him off responsibility or protects him from the consequences of his deeds before the truth. in Muslim societies there is no person or group to be absolutely boundless; because infinite absolute obedience is only to God, the creator of heaven and earth, the universe, life and man.

c. Maintaining the rights of non-Muslims
In Muslim societies, non-Muslims have preserved rights, which should not be disturbed or confiscated, such as the right to life, the right to own, the right to do, and the right to justice. In these rights they are the same as Muslims. And this applies to non-Muslims, whether they are residents in Muslim societies or non-permanent residents, but enter the Islamic state with security guarantees, with special or public permission. they are safe as long as they do not fight against Muslims. they should not be disturbed, or be entitled, and they are entitled to justice from the courts, just like the Muslims. In fact, Islam gives him rights that are not given to Muslims, especially what is lawful in his religion and unlawful for Muslims, like khamr, Islam considers it haram and not to be possessed. However, he is considered a valuable treasure if owned by a Christian and must be replaced for damaging it. Whereas if owned by a Muslim, he is not considered a valuable treasure, and is not obliged to replace for those who damage it.
d. Equality of men and women in religious and other duties
Among the forms of equality that existed earlier in Islam before the rules and laws known to man throughout the ages are: equality between men and women in rights and duties, where Islam makes them equal in religious obligations, private rights , human dignity, civil rights in mua'amalat and wealth.
Islam has led to this high position in the early days, before women in other people reached it. In a Muslim society, a woman gets her personal rights perfectly, she has, uses what she has, and she is free to run her own property without men if she is baligh and understanding. She deserves the same rewards as men if she does the same job, while in Europe and America women earn less than men, after a hard struggle to get her rights.
Muslim women have the right to be one of the parties in court matters. He may be an accused and a defendant, even if his opponent is his father, her husband or the other. He is entitled to work if he needs a job, or his community needs his job, whereas he is not obligated to provide for his livelihood if there is a party who is obliged to provide for it.

e. The difference between people in society
Thus Islam equates the rights between all human beings, between men and women, rich and poor, officials and commoners, all before the truth, the rights and dignity of men are all the same. As for the difference between them in the sight of Allah, only with piety and righteous deeds. This is in accordance with the Word of God: "... Verily the most honorable among you by Allah is the most pious among you ...". (Surat al Hujuraat: 13).
Their differences in social life depend on their differences in charity, effort, experience, talent, knowledge and useful products, etc. where human beings are different, and cause in difference, rewards for effort given to human beings.
f. Equality before the law
In human society Muslims are equal before the law and the law. Islam has given an early example of equality among men before the law and the law. The Messenger of Allah had taught his companions how to respect the right of the accused in claiming his rights even though he demanded him in a crude manner.
In this case the Messenger of Allah (PBUH) pointed out that when one day a Jew collected a debt that had not yet reached him, he charged him harshly, saying: "You are indeed the ones who procrastinate the debt of the sons of Abdil mutthalib". When he saw his Companions angry at this disrespectful word, he said to them: "Let him, because he who has the right, has the right to speak".
The Companions really understand the value of the rights of equality between people, and so imprint on their hearts, then they spread this right and advocated to apply equality in their lives. Umar bin Khattab sent a letter to his judge Abu Musa al-Ash'ari containing directives on the law of equal rights between men before the court. He said: "Let there be among men before you, in your majlists, and your laws, so that the weak will not despair of your justice, and the noble do not expect your cheating." (HR. Al Daruquthni).

g. Equality in holding public office
Islam realizes the peak of equality in occupying public office. Islam had done so in the early days. A real example in this case is when the Prophet gave the post of commander, governor and other strategic positions on many slaves that had been liberated such as zaid, usamah bin Zaid, and others.
Before the Prophet died, He appointed Usama bin Zaid as commander of the Muslim army who was preparing to fight the roman. Before the troops departed, the Messenger of Allah (PBUH) died, but Abu Bakr passed the order of the Prophet and continued to give the position of Commander to Usamah bin Zaid, although some of his companions felt heavy if the position of Commander was held by Usamah because he was too young.
h. The equations are based on the unity of origin for man
Honest Muslims who understand their religious clues have reached the top of the equation; because they understand that the equality established by Islam is built on the basis of the unity of the origin of the creation of man, as the word of Allah says: "O mankind, We created you from a man and a woman and made you nation and tribe so that you may be mutually familiar. Verily the most honorable among you by Allah is the most pious among you. "(Surat al Hujurat: 13)


4. The debate on the validity of istidlal with al musawah
 Al Musawah as existing in modern legislation implies that every individual before the law is the same. There is no difference between them because of race, kind, religion, language, or social group in claiming rights and property and carrying out its obligations.[5]
The principle of Al Musawah is the basic principle which is attributed to him all the rights and freedoms of the public.[6] Shaykh Wahbah al Zuhaili in a textbook for students at Damascus University stated that our rule stands on the basis of moderate freedom.[7] Here, al-Zuhaili besides mentioning the legitimacy of the principle of freedom for every individual with no discrimination, also emphasized the importance of moderation in law. That is, Islam in addition to wanting individual freedom without any discrimination, also remain within certain limits / in certain levels (moderate). Not uncontrollable freedom.
In contrast to existing laws in Western countries, which under the pretext of human rights, all are free to do anything without norms. In the economic field for example, economic freedom gave birth to a system of capitalism based on the principle of open society lizes fire. Where every individual is justified to collect the treasure as much as possible without any necessity to share to the poor / poor. In addition, market monopolies are also justified on the grounds that markets must walk openly and no market intervention, since market intervention is tantamount to violating freedom.
Imam al Ghazali in more detail discusses this in the discussion of mashlahah. According to him, basically all human activity is allowed, as long as no found proposition prohibits it. However, all human activity should be based on the concept of mashlahah. Mashlahah meant Imam al Ghazali here is to guarantee the purpose of law (maqashid al shariah), which consists of five things: Maintenance of religion (hifdz al din), soul (hifdz al nafs), reason (hifdz al 'aql) (hifdz al nasab) and treasures (hifdz al mal). All things that guarantee the maintenance of the five things (al Ushul al Khamsah) is mashlahah. Conversely, all who abandon it is mafsadah. And the effort to eliminate mafsadah is mashlahah.[8]
Furthermore, Imam al-Ghazali, however he agrees to use mashlahah as one of the legal sources of fiqh, in its application must fulfill three conditions: daruriyah, qath'iyah, kulliyah, ie urgent, inevitable, certain and concerning broad interests, individual.[9]
That is, when there is a muamalah practice that "looks" as if it contains mashlahah (good value) but not in accordance with the Qur'an as the main source of Islamic law, not in accordance with the Sunnah of the Prophet, not even in accordance with the ijma 'shahabah, then the practice of muamalah it must meet three conditions (daruriyah, qath'iyah, kulliyah) in order to remain practicable in the community. If mashlahah does not meet these three criteria then it can not be justified.





[1] Muhammad Ali al Hasyimy, Manhaj al Islam Fi al ‘Adalah wa al Musawah; Min Kitab al Mujtama’ al Muslim kama Yubnih al Islam fi al Kitab Wa al Sunnah (tt: Islamhouse.com, 2009), P. 21.
[2] Ali Hasan Muhammad al Thawalibah, Makalah Haqq al Musawah fi al syarri’ah al Islamiyah wa al Mawatsiq al Dauliyah (Bahrain: Markaz al I’lam al Amny, tt), P. 3.
[3] al Hujurat: 13
[4] Muhammad Ali al Hasyimy, op.cit, P. 12-28.
[5] Arim Asya Asy, Al Hurriyyat Al ‘Ammah Fi Al An Dzimah Al Siyasiyah Al Mu’ashirah (Iskandaria: Munsya’ah al Ma’arif, 1987), P. 303.
[6] Ali Hasan Muhammad al Thawalibah, Op.Cit, P. 4.
[7] Wahbah al zuhaili, Wasathiyah al Islam wa Samahatuh (Damaskus: Jami’ah Damsyiq, tt), P. 13.
[8] Abdul Mun’im Saleh, Madzhab Syafi’i; Kajian Konsep al Mashlahah (Yogyakarta: Ittiqa Press, 2001), P. 77.
[9] Ibid, P. 102-103

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