A.

Introduction

Islamic economy is developing in a quick pace. The development of Islamic economy

in recent years has been very quick and advancing in academic research area as well as in

practices. A large number of well known universities in Islamic countries as well as in the

western countries have been developing Islamic economy studies such as University of

Durham, University of Portsmouth and others. In the US, it’s studied in the University of

Harvard. Australia is doing the same thing at University of Wolongong. 1

Economic development which based on sharia law especially in the banking field has

been giving positive impacts to Indonesian economy in general. As a result, there are more

and more general banks that provide Islamic business entity (BUS) as business unit of that

banks. This can be seen from a research conducted by Karim Business Consulting which

project that the total asset of Syaria banks in indonesia will grow 2850% in 8 years, or on

average is growing at 356.25% each year. 2

Law No. 11 Year 2006 about The Government of Aceh (UUPA), provides authority

in practicing Islamic law in Aceh Province. The authority gives freedom in implementing

Syaria law, including in criminal act. Islam provides an economic system which using

resources given by Allah in order to fulfill basic needs of human beings and giving them a

good living condition. The focus of this paper is how to implement good deeds as basic

principle in syaria contract in Aceh province. The type of research used refers to the

1
Rahmani Timorita Yulianti, Asas-asas perjanjian dalam perjanjian syariah, jurnal La-Riba, Vol II No.1
2008,

2
Ibid
normative legal research, in which the characteristic is to find the legal truth characterized by

coherence. That is the truth which is based on the compatibility between what is studied and

what is practiced. 3 Legal research is a process of searching legal rule, legal principles, and

legal doctrines in order to answer legal issues at hand. 4

B. Discussion

Syaria based pledge is a pledge based on legal resources recognized in Islam that is the quran

and the hadith. The word 'ahdu in the quran refers to the statement of an individual in doing

something in which others don't have anything to do with. Pledge that is made by an

individual does not require other party, whether to agree or disagree, is not affecting the

pledge made by that individual, as the above verse explains, that pledge still binds to a person

that created it. The engagement of two contracts ('ahdu) of two people that have relationship

between one another is called contract ('aqad). In particular, contract is interpreted as

engagement which is established by ijabqabul based on syara' provision that takes effect on

the object. 5 Furthermore, there are several definitions of akad in the statutes, that is according

to article 1 point 5 law number 19 year 2008 about goverment Syaria securities dating May 7,

2008 given that akad is a written contract that is not in conflict with syaria principles and

compatible with the law.

3
Peter Mahmud Marzuki, 2005, Penulisan Hukum, Jakarta: Kencana Prenada Media Group, hal.93

4
Ibid

5
Rachmat Syafei, Fiqih Muamalah, (Bandung, CV Pustaka Setia, 2006), 43.
 Menurut Adiwarman Karim6 bangunan ekonomi Islam didasarkan pada lima nilai

universal yakni tauhid, keadilan, kenabian, khilafah dan Ma’ad (hasil).Sistem ekonomi Islam

adalah suatu sistem ekonomi yang didasarkan pada ajaran dan nilai-nilai Islam. Sumber dari

keseluruhan nilai tersebut yaitu Alquran, As-Sunah, Ijma dan Qiyas. Nilai-nilai sistem

ekonomi Islam ini merupakan bagian integral dari keseluruhan ajaran Islam yang

komprehensif dan telah dinyatakan Allah SWT sebagai ajaran yang sempurna (QS Al-

Maidah :3)

According to Adiwarman Karim the development of Islamic economy is based on five

universal values which are tauhid, justice, prophecy, khilafah, and ma’ad (yield). Islamic

economy system is an economic system which based on the teachings and values of Islam.

The sources of all of those values are the quran, As-Sunah, Ijma, and Qiyas. These values of

Islam are an integral part of all Islamic teachings that is comprehensive and have been stated

by Allah as a perfect teachings (Al-maida: 3)

Syaria contract law is a law that regulates bindings or engagement that has been made in

writing based on syaria principles, as a proof for the parties involved. 7 In syaria contract,

there are several basis. 8 There are various basis related to contract law, in this paper, good

deeds principle as a basis principle in syaria contract will be discussed. Akad or contract is

derived from Arabic word meaning binding or perceived binding whether it's clear (hissyy) or

interpreted (ma'nawy) 9. On the other hand, akad or contract etiologically defined as a deal or

7
Hukum Perjanjian Syariah dan pelaksanaannya” ,http://mozhatiia.blogspot.com/2010/04/

hukum-perjanjian-syariah-dan.html, diakses tanggal 24 Juli 2012.

8
Burhanuddin M., Hukum, 41.

9
Fayruz Abadyy Majd al-Din Muhammad Ibn Ya’qub. al-Qamus al-Muhit, jilid 1. (Beirut: D Jayl), hlm.
327
commitment whether it's orally, in signal, or in writing between two parties or more that has

legal binding. A contract as mentioned in article 1338 act 3 civil books, it has to be created

based on good deeds. Good deeds principles come from an individual's characteristic as has

been intended. According to Islamic view, intention is the basic principle as it relates to

beliefs (aqidah) before doing something. Syaria proposition which becomes a basis for

enactment of itikad principles is prophet Muhammad hadith that stated: "It has been told to us

that al-Hâmidî ‘Abdullah bin az-Zubair says it has been said to us that Sufyan says that it has

been advised to us that Yahya bin Sa’id al-Anshari syas that it has been informed to me that

Muhammad bin Ibrahim ay-Taimiy that he once heard ’Alqamah bin Waqash al-laitsi says

that he heard that ‘Umar bin Khathab r.a. once says i a podium that I have heard Rasulullah

says: indeed all of the action is depended upon its intention. And indeed every person (will be

rewarded) as his intention. Whomever commit deeds in the name of Allah and his Rasul, so

his deeds are to Allah and his Rasul. And whomever commit deeds due to hedonistic affairs

which he is pursuing or because of a woman whom he wants to maary, so his deeds are fit to

what he intends for" (Bukhari). 10

In syaria contract that is implemented by the banks and nonbanking entities in Aceh

shows that the enactement of good deeds principles will give protection of importance. Loan

system with ribha interest rates is replaced with profut loss sharing. Good deeds principles

that have to be satisfied as to commiting a good and well attained syaria contract. Honesty in

the establishment and implementatikon of rights and responsibilities, the decency that

becomes the consiousness and intention within the heart of the involving parties in doing or

not doing something, because of the awareness of the action as a good deed, compatible with

moral responsibilities itself, as well as not being arbitrary which means there are no facts that

10
Al-Imam Abi al-Husaini Muslim, Shahih Muslim, Jil.2 (Bairût: Dâr al-Kutub al-‘Ilmiyyah, 1998), 13.
shows intention and awareness from the party with the higher bargaining position in order to

use its power. Other than that, not being arbitrary which means there are no facts that shows

intention and awareness from the party with the higher bargaining position in order to gain

profit wrongfully. Every action and behaviour of human beings never escapes Allah's rule.

As mentioned in Al-Hadid (57): 4 which translated "and he is with you wherever you are.

And Allah, of what you do, is seeing." Trading activities including contract making, are never

without the value of tauhid. As a result, human beings have the responsibilities for it.

Responsibilities to the people, responsibilities to the second party, responsibilities to oneself,

and responsibilities to Allah. As a result of this principle implementation, mankind will not

do whatever they want because all of their actions will be given reprisal from Allah.C.

Conclusion

UUPA has opened the door for Aceh to implement and develop Kaffah Islamic

economy system. Syaria contracts which are implemented with good deeds are expected to

improve Acehnese people prosperity, and leaving behind conventional contracts, so as other

countries have done. Therefore, we are hopeful that Aceh will become a province that can

represent Islamic law to the world with all its advancement of all people’s dimension of lives

including the syaria economy.