Tabarru Contracts in the Form of Self Guarantee and Providing Something

Bibliographic Data

ID22057641
AuthorsNanang Naisabur (Institut Seni Budaya Indonesia Bandung), Haris Maiza Putra (0000-0002-6396-1445)
Year2021
Volume9
Issue2
Pages262-293
Publication date2021-12-13
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueInternational Journal of Nusantara Islam (JOURNAL)
Journal identifiersISSN: 2252-5904 • E-ISSN: 2355-651X
PublisherSunan Gunung Djati State Islamic University of Bandung (PUBLISHER)
DOI10.15575/ijni.v9i2.14301
OpenAlexW3203148166
LanguageEN
Citations received1

This study is to discuss the tabarru contract in the form of guaranteeing oneself (Kafalah and Wakalah) and giving something (Grants, Gifts, Waqf, Zakat, Infaq, Alms), where basically the tabbaru contract is giving something (giving something) or lending something. (leding something) adak tabarru the purpose is to help each other. When the tabarru contract has been agreed, it cannot be converted into a tijarah contract whose purpose is to gain profit, except by agreement between the two parties to the contract. However, it is different from the tijarah contract that has been agreed upon, this contract may be changed into a tabarru contract if the party whose rights are retained gives up their rights, thereby canceling the obligations that have not carried out their obligations. The function of this tabarru contract, apart from the orientation of this contract, is to seek the afterlife, not for commercial purposes. However, in its development, this contract is often related to commercial transaction activities, because this tabarru' contract can function as an intermediary that bridges and facilitates the tijarah contract

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