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.
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