Islam as a doctrine that is rahmatan lil'alamin, his spirit rests on the essential benefits including sharee'ah mua'alamat in (business), where the rules of fiqh say that in principle the law is allowed as long mu'amalat no labeling propositions forbidden (al ashlu fil-mu'amalat al-illa ibahah an yadulla dalilun a'a tahrimihi). Evidence that could change the law may mu'amalat of (lawful) to not (haram) is referred to the discipline of usul fiqh can be either explicit propositions (sharih) of the Koran and the Hadith of the Prophet or other propositions through certain verification tests such as ijma '(consensus of scholars), Qiyas (analogy), Mashalih Mursalah (the concept of benefits) and so on.
All rules are in fact focused on the principle that benefits all the consideration the concept of bad, positive-negative, and harm-based mashlahat general rules and propositions sharih and authentic Islamic Shari'a.
The central principle of Islamic law according I'lam Ibn al-Qayyim in al-Muwaqqi'in (vol.III/14) is the wisdom and benefit of mankind in the world and the Hereafter. This benefit lies in the equitable justice, mercy (compassion and care), welfare and policy. Anything that changes the shape dzhalim justice, mercy into violence, ease into trouble, and the wisdom to be folly, it has nothing to do with sharia.
The main purpose of the provisions of the Shari'a (Islamic as-maqashid) is reflected in the maintenance of the pillars of the welfare of humanity that includes' five benefits' to give protection to aspects of the faith (din hifz), life (hifzd nafs), reason (hifz 'aql), descendants (hifz nasl) and their property (hifz mall). What are the guarantees to protect the five cases are benefits for humans and the desired conclusion of sharia as Imam al-Ghazali in al-Mustashfa, (vol.I/139-140
Islamic value system as a moral filter business aims to avoid distortion of business morals (moral hazard) with a commitment to stay away from abstinence 'Maghrib' included in the franchise business into the application of the rule parameters ashlu al-fil-mu'amalat al ibahah the above is included 7 restrictions:
First, maysir speculation that all forms of gambling (gambling) is deadly real sector and not productive. Second, the immoral business practices that violate decency and social norms. Third, the Gharor not all transactions are transparent and not clear that one of the potentially adverse parties. Fourth, the Haram is the object of transactions and business projects forbidden sharia. Fifth, Riba of all forms of distortion to a commodity currency with additional wear (interest) on loans or loan transaction and the exchange / barter more similar ribawi delivery. This prohibition of riba-based effort to encourage a mutually beneficial partnership and normality (sunnatullah) business, in addition to avoiding the practice of extortion, exploitation and do each other by the party zhalim have high bargaining power of the low bargaining plays. Sixth, the Ihtikar hoarding and monopoly of goods and services for the purpose of the price game. Seventh, that is dangerous and all forms of business transactions that harm individuals and society as well as benefits in conflict with Sharia Maqashid.
Seventh taboo in the business can be inferred from the following propositions, namely:
Word of Allah SWT.: "Forbidden to you dead meat, blood, pork, meat of animals slaughtered in the name other than Allah, who strangled a hit, falling headlong, and the beast pounced, except that you could kill it." (Surah Al-Maidah: 3)
"O ye who believe, applies taqwa thee to God and leave the remains of usury, if ye are believers. So if you do not do (the order), then know that Allah and His Messenger will fight. And if ye repent, then you point your treasure, you're not harmful and does not (also) affected "(Surat al-Baqara: 278-279).
"O ye who believe, the real wine (alcohol), gambling (maysir), sacrifice to idols, raffle fate arrows are an abomination of the deeds of the devil, so avoid it works, that ye may prosper." (Al -Maidah: 90).
"And do not you eat some of the property (property rights) some of the others among you in a falsehood" (Surat al-Baqoroh: 188)
Word of the Prophet SAW: "Verily the halal is clear and the haram is clear, and in between there is a faint (musytabihat). Most humans can not recognize it, then anyone who protect themselves from the musytabihat it means he has to keep religion and himself. And anyone who fell into the musytabihat that he had fallen to the unlawful, as someone who graze their cattle around the boundary to protect yourself from across the boundary. Know that each king really has no boundaries, and know that the limits of Allah are the things forbidden by Him. Know that the body is a piece of meat that, if he's good then let the whole body, and if he damaged the body is corrupted. Know that he is the heart. "(Narrated by Bukhari and Muslim).
In a story mentioned that the Prophet Muhammad was asked about animal fat, cheese, and skin robe. He SAW said: "The halal is what Allah gives permission in the Book-halal and the haram him what God is forbidden in His Book, and what He has set aside so that including the unforgivable". (History of al-Tirmidhi and Ibn Majah).
In a story mentioned that the Prophet Muhammad had been through a (stack) food praised by the seller, then the Prophet put his hand on the food, but the food was very bad, then the Prophet said: "Sell this food at a reasonable price by, for who we are cheating our group was not included ". (Narrated by Muslim, Abu Dawud, Tirmidhi, Ibn Majah).
Allah's will to avoid all harmful elements that can be included in the business is his saying: "There should be no danger (dharar) and something that can harm (dhirar)." (Narrated by Ibn Majah and Ahmad.) Fiqh rules as confirming "Adh -dhararu yuzal "(danger / threat that must be eliminated).
In the proposition and impose Islamic rule the business, there can be no doubt or anxiety in it. (Ibn Rajab al-Hanbali, Al-Jami 'fi al-'Ulum wa al-Hikam, Dar al-Fikr, Beirut, p. 58-66). Rasulullah SAW said: "Leave what is doubtful to what is no doubt". (Narrated by al-Nasai, al-Tirmidhi, al-Hakim, Ahmad; see al-Albani, Irwa 'al-Ghalil, I/44) That the prudential framework of sharia (ihtiyath) as ourselves we do not want to take in goods haram which can be fatal. Messenger of Allah said, "There will enter Paradise who grew out of the meat (food) are unclean, hell is more worthy of him." (Narrated by Ahmad.).
Cautious attitude of taking rights of others, without lawful in any form is a testament of the Qur'an: As word of the Prophet Muhammad.: "It is not lawful for a Muslim's property except with the willingness of his heart." (Narrated by Ad-Daru Quthni).
Basically, the franchise system, there are three main components namely: First, the Franchisor, the party who has the system or ways of doing business is. Second, Franchisee, ie that the 'buy' or a franchise from Franchisor system that has the right to do business in ways developed by the Franchisor. Third is the Franchise, the system and the ways the business itself. This is the knowledge or 'kitchen' Franchisor of sale to the franchisee.
Based on statistics showing that the failure of a franchise system is much lower than other systems. This is very logical because the franchise business systems rely / or operating manual way that's proven by the discovery of Franchisor, and has proven successful run earlier Franchisee. New franchisee at least have a picture as well as support from Fanchisor.
The main constraint is often encountered in business is marketing problem. This problem is more easily overcome through the franchise system. The advantage of this franchise system is because of the brand name which is one of the main asset of Franchisor. With many Franchisee in one system, this way the business has an extensive network that reinforces the brand name. Without it, there's no attraction for prospective Franchisee to purchase this franchise. Therefore, the Franchisor will always strive to do promotion in order to maintain and enhance the impact brand name is also good for the benefit of Franchisee. Even so, so the results adequately, then each Franchisee usually also need to have their own marketing strategies.
Based on the current provisions in the franchise business, which can be requested from the Franchisor by the franchisee are:
First, the brand name which includes logo, stationary and others. Franchisor is a good idea to have rules about the display shopfront details.
Second, is the system and business operational manuals. Each Franchisor has a systematic operation manual, practical and applicable, and should be well written. Third, the operation support. Because the Franchisor has the experience much more extensive and has many franchisees to develop, he should have the ability to provide support for the new Franchisee.
Fourth is the monitor, a good Franchisor for Franchisee to monitor to ensure that the system provided a consistent run. This is to maintain consistency in quality. Monitor also functions to perform the necessary support if the Franchisee difficulties.
The fifth is a joint promotion. This is related to the first element of socialization problems brand name.
Sixth is the supply. This applies to a particular franchise, such as for food & beverages franchise which Franchisor is also a supplier of food / drink. Sometimes Franchisor to supply machinery or equipment required. Franchisor good franchisee usually helped to get the source of capital funding from investors (fund supply) such as banks for example, although it rarely.
In general, the Franchisee to pay the initial fee paid very nature, or sometimes once for a certain period, say 5 years. On top of that, usually Franchisee to pay royalties or pay a portion of the proceeds. Another variation is that the Franchisee will need to purchase basic materials or equipment (capital goods) from the Franchisor.
In addition to the benefits, potential franchisee should also be careful. Right now, anything in the franchise so many franchises that are not properly in the market, both from the consideration of the principles of sharia or her marketable. In this case, a few things to note prospective Franchisee. First, how the power of its brand name. Second, how many franchisee-owned. Franchise which consists of only 3-4 Franchisee certainly does not have an adequate tissue to form its own power. Third, what is the price paid to the Franchisor, especially when there is dependence of raw material / supply from the Franchisor. Is the price reasonable offer. Fourth, if the Franchisor is actually have the official rights to sell the franchise to prospective Franchisee. In the master-franchise system, it deserves great attention because sometimes Franchissor calling itself did not have the right to sell the franchise. Fifth, compliance with sharia principles that need to filter selectivity and the benefits and preferred to have an impact to the socio-economic development of Muslims both inside and outside the country.
Examples of franchise businesses much like a very familiar is the food franchise business is an encouraging first-generation business with this franchise system and now have many alternatives in the domestic food franchise as a substitute for foreign franchise dominated much of Europe and America. Examples of still newer is Iran that is developing a business network of Zam-zam drink Cola as Coca-Cola's competitors that the United States boycotted many Islamic countries, because the sentiment against a country that supports the oppression of the Palestinians. Others such as Dymocks Book Store, Fantastic Furniture, Harvey Norman, Captain Snooze.
At this moment almost all branches of the small medium business into a franchise, starting from the mower business, courier services, cleaning service, make the signage, printing business, education, IT Training, Bookkeeping, Financial Services, Retail.
Based on the research the University of Southern Queensland, the average start-up cost for a franchise business is $ 68,600. Franchise business grew in line with the trend of age with rapidly enough. Currently, all businesses with turnover of this system about A $ 37 milliard for a total of about 553,000 workers.
Basically, the franchise system is a good system to learn, if one day managed to get away from the Franchisor for the cost paid quite expensive and can then establish their own business or even building a new franchise business is Islamic. Franchise or the franchise is the easiest way to start self-employment. No need to think about the system. Live buy and Franchisor will come take care of everything and the mother are just waiting for the results. But once there are some things that must be considered when deciding to buy a franchise.
First. Brand.
This is related to franchise the product image. Although the major brands do not guarantee 100% success for the existence of the franchise, remains necessary for us as a franchisee does not need to join busy promoting the product. Because it will take a long time to create a brand and is correlated with the quality of well known enough in the eyes of consumers. And of course the quality is correlated with profit.
Second. System.
The system includes SOP (Standard Operating Procedure), human resources and marketing plans. Because with this system to raise the existence of Franchisor franchise business based on it. If the system does not clear or not standardized should be avoided. Generally the things that are usually offered Franchisor to the franchise include; analysis or field survey locations, building design, room layout, management training, consulting and advertising promotion, standardization and operational procedures, centralization of the supply of goods, financial guidance (accounting ), and continuity of support.
Third. Fee.
The cost of purchase or initial franchise fee is usually included with the purchase of brand specific period or for life and set up. For the royalty is usually calculated from revenue derived each month and the percentage varies. Generally ranges from 2% to 5%.
Franchises are not free of risk, including franchises have a big name though. Franchise business success can not be separated from the franchisee or franchise buyers, too, so still need serious, work hard and work smart.
Thus, based on Islamic principles and rules that have been mentioned above, business law is very dependent on franchise business fitness franchise business and the systems and mechanisms of cooperation with Islamic principles and the absence of him from all restrictions of sharia in the business. It was based on Islamic rules, including cooperation in business co-operation should always be within the framework of goodness and piety, not in terms of sin and evil. (Surat al-Maidah: 2). In addition, it is very important to note the Muslim market sentiment related to the consideration for the franchise business that has ties and contribute to countries that oppress Muslims, as scholars fatwa world like Prof. Dr. Yusuf Al-Qaradawi and Sheykh Ahmad Yasin who called for a mass boycott of the systematic, strategic and realistic about the countries of products that supports the people and the oppression of the Islamic world while there is other business alternatives and substitutes are allowed. Allah knows best Wa Billahi at Taufiq wal Hidayah.
Source by: DR. S.B. Utomo
Tidak ada komentar:
Posting Komentar