وظرية عقد الشركة في كتاب "مطلع البدريه ومجمع البحريه" للشيخ محمد به إسماعيل الفطاني الشافعي

Abstract

This study analyses the contributions and ideas of ash-Syaykh Muhamad bin Ismail al-Fatani ash-Shafi’e in the area of Mu’amalah. This study focuses on theory of partnership according to the work of ash-Syaykh Muhamad bin Ismail al-Fatani ash-Shafi’e in his book, Matla’ul badrayn wa al-majmak al-bahrayn , printed by ‘Isa al-babi al-Halabi, Cairo edition 3, 1345H/1919CE. Ash-Syaykh Muhamad bin Ismail al-Fatani ash-Shafi’e has been regarded as the most prominent Malay Islamic scholars in the Archipelago region, especially when his work Matla’ul badrayn wa al-majmak al-bahrayn was published. There were a lot of attention among Muslims Malay community in the Malay Archipelago and his work has been used as the textbook for religious institutions especially in Indonesia, Malaysia, Thailand, Brunei, Egypt and Makkah. This book is considered by many scholars as the most complete Fiqh book ever published written in the Jawi script. This study highlights his notions in the area of Mu’amalah which mainly focussing on al-ash-syarikah in Islamic law e.g. it types (anwa’), essentials (arkan), parties involved in the partnership, conditions (shurut) the objects and accept and offer in chapter, pages 111 to 113. The findings of the study among other things held that in the Shafi’i school of law determines that it is only sharikat al-‘inan i.e. partnership among two parties or more contributing capital and collective works in order to carry out valid partnership.