الرضا وأثره في المعاملات المالية في الفقه الإسلامي

Abstract

Consent is the state of being willing or agree to do something. It is one of the principles that must exist in a muamalat contract. Nowadays, coercive contracts exist not only in sale and purchase, but also in rental contracts, mudharabah, wakaf and so forth. Any muamalat contract is not being made based on the consent of both parties is considered invalid. The purpose of this study is to identify the extent to which the importance of this consent is applied in Islamic economic activities. Apart from that, this study also describes how to assess a person’s willingness and the extent to which this principle is practiced in the muamalat contract, is it limited to the at-tijarah contract only as mentioned in the Al-Quran? Then whether the expression of a person's willingness in a muamalat contract can change the legal status that was originally haram to halal? In this study, the author has used Fiqh books as the main reference material. The author utilised the descriptive method, through the collection and analysis of information and also made use of modern sources especially articles as well as up to date information available on the internet. The information is then collected and analyzed according to the sections that correspond to the content. The study concluded that the willingness was limited to the permissible contract. Furthermore, if a contract is permissible by the syara’, a person’s willingness cannot make the contract to be valid for instance hiring another party who is willing to kill a targeted person and some of the consent is flawed by several factors such as coercion, except in the case of ihtikar that a person is obliged to sell the public necessities that he monopolizes in order to protect the welfare of people. The illegal contract such as usury (riba) also cannot legitimize the contract because it contains illegal elements.