Fiqh grant (bag. 2)

The concept of grants in Islamic social life

After knowing briefly the meaning of the grant; Both in terms of language or Shari’a in the previous article, we can conclude that grants (Present) means “giving something for free and voluntary, without any rewards and coercion as long as the giver is still alive.” This is in line with what Ibn Qudamah mentioned Rahimahullah In his book, Al-Mughni. He said,

Take care of life without compensation

“Grant is the granting of property rights as long as the giver is still alive without rewards.“ (Al-mughni, 8: 239)

If you look further, the grant shari’a has a very strong impact in Islamic social life, grants are not just ordinary gifts. It is a symbol of affection, social solidarity, and fair distribution of wealth among the community. Grants encourage a Muslim not to be greeting with wealth, care for others and eliminate social jealousy due to voluntary equity.

Grants also strengthen social relations and ukhuwah; Especially in families, neighbors, and communities. Rasulullah ﷺ said,

You want to love

“You give each other gifts (grants), then you will love each other.” (Hours. Bukhari Di Al-Ayb Al-Mufrad, NO. 594. Assessed Hasan by Sheikh al-Albani)

This hadith explains that grants are social media that strengthen emotional bonds and erase hostility. Therefore, Islam does not merely order infaq and zakat, but also encourage granting grants in a personal and voluntary manner.

In the Qur’an, Allah Story also mention the concepts and good impacts of the grant. When Allah requires a man to give mascawin to the woman he married, Allah Story said that if the woman wanted to give the mascawin back as a form of gift to her husband, the husband was allowed to take it and use it,

For you, you have something for you soul.

“But if they are willing to give you some of the dowry, then eat (take it) as something that is delicious again.” (QS. An-Nisa: 4)

This verse shows that giving (grants) carried out with willingness, then the law is halal and blessed, even allowed to be enjoyed by the recipient.

From this we can conclude that grants are social instruments that are highly emphasized in Islam because it contains the values ​​of worship, solidarity, and sincerity. He raised social dignity and strengthened the Islamic community’s order based on affection and justice.

Urgency of Discussion of Grant in Muamalah Jurisprudence

In Islam, grants are included in the realm of muamalah, worldly affairs that have legal implications. The grant contract moves the ownership of assets and has the potential to cause disputes if not managed properly.

There have been so many stories circulating about how a grant process that has a good intentions in the end actually causes disputes and divisions. This is due to the lack of knowledge about the fiqh of grants and the occurrence of errors in the process. Here are some of the strong reasons a Muslim must know the ins and outs of grants in the perspective of Islamic law, so that in the process it can be in accordance with what has been taught by the Prophet Shoullahu ‘alaihi wasallam.

Grants can cause legal disputes when not recorded or misused

In Islam, the contract process has various rules that must be carried out so that the contract becomes valid and has legal force. This also applies to a grant contract, in the process requires recording and certainty. Allah Story said,

O, those who are safe, when you are in religion with the name name

“O, you believe, when you don’t have cash for a while when you are determined, you must write it.” (Surah Al-Baqarah: 282)

Although this verse talks about debt of receivables, the principle of recording and legal certainty is also relevant for grants, especially in the context of conditional grants or grants in large quantities (such as land and home grants). Thus, recording can prevent future conflicts.

Islam is so firm in addressing conflict and disputes, prohibiting the occurrence of this and provides a clear solution if it has already happened. Allah Story said,

Hey, who is a person who believes, sees God, and looks for messengers, and your guardians from you, you believe in God and a good day

“O you who believe, obey God and obey his messengers, and Ulil Amri (scholars and Umaro) between you. So if you have a different opinion, then return it to Allah (Al -Qur’an) and messengers, if you really believe in all and then.” (QS. An-Nisâ ‘: 59)

By knowing the laws related to the fiqh of grants, it will minimize the occurrence of disputes, disputes, and disputes among Muslims.

Related to the law of inheritance if done by death

Among the many cases that occur are the distribution of assets carried out by parents before he died. Related to this, it is necessary to have an in-depth discussion, because it is closely related to the law of inheritance whose provisions and portions must be in accordance with what has been taught by Allah and His Messenger.

Potentially misused and cause injustice in granting grants

In a valid hadith, An-Nu’man bin Basyir’s best friend Radhiyallahu ‘anhu tell,

My father gave me a gift, and Umrah said: I would not be satisfied until God’s messenger, hopefully God’s prayers and peace are on him Umrah Bennah is a gift, so I order me to testify, O God, He said: Do you give the ways of your children like this? He said: No.

“My father gave me a gift (a helper who was asked by An-Nu’man’s mother), and Amrah Bint Rawahah (the mother of An-Nu’man) said,” I do not want to ask the Prophet Sallallaahu Alaihi Wasallam as a witness. “So he (my father) came to the Prophet Sallallaahu ‘Alaihi Wasallam and said,” Indeed I gave my son from Princess Amrah from Rawahah (Mother An-Nu’man), and she told me to ask you to be a witness, O Gods of God. “He said,” Do you give all your children like this? “

So the Prophet Muhammad said,

Afraid of God and adjust your child

“Fear God and do your life among your children.” (HR. Bukhari no. 2587 and Muslim no. 1623)

This hadith is related to a case of grants conducted to one of the children in a one -sided manner. The Messenger of Allah ﷺ reprimanded the act and told to cancel it if it was not fair. This shows that grants have legal consequences, and the discussion must be serious in fiqh.

These three things are quite a reason for us for the importance of the discussion of grant fiqh as a whole and in depth, so that the community does not only follow the customs or desires of personal lust, but understand the limits of the Shari’a and follow the laws of Shari’a that have been set.

The urgency of discussing grants in Muamalah’s fiqh cannot be ignored because grants are not only personal matters, but have an impact on legal justice, family harmony, and social stability. Therefore, Muslims need to know the legal limitations of grant in order to be able to practice it in syar’i and fairly. Wallahu a’lam bissowaab.

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Writer: Muhammad Idris, Lc.

Article Muslim.or.id