Credit Law According To Islamic View

In Islam - Etymologically, hawalah is displacement or inbetween. whereas in terminology the meaning transfer of contract or is hawalah transition Rights charged debt from dependents of certain parties to the other party's expense.

Essential basis is still disputed regarding the substance of the contract up to ten hawalah version. two of them stated that hawalah, the substance of the contract is the commercialization of the debt due to legalised hajah.

Therefore, according to this version, the Akkadian hawalah must only in legitimate Dáin exchanged or replaced with other items, such as the one in selling. while another version stating, the substance of the contract is the payment of the debts of hawalah.

The logic of the Akkadian hawalah substance bai ' ad-Dáin bi ad-Dáin. Party muhtal sell debt in dependents muhil, with accounts receivable muhil in dependent muhal 'alaih.  Or in other words, selling its debt muhil in dependents muhal 'alaih, with debts of muhtal that were in his charge. Thus, the parties mutually muhtal and muhil commercialize its debts respectively, by involving a third party, muhal ' alaih.

The structure of the contract includes five tenets of hawalah. namely, muhtal, muhal, muhil ' alaih. dainani, and shighah.

Muhil - Muhil is the party that owes (madin) to the muhtal (da 'in) and transfer the rights of his debt to the party charged muhal ' alaih, i.e. third parties indebted to muhil.  Thus, the dual position muhil. In addition to his role as madin (owed to muhtal), he was at one time also served as da ' in (give debt to muhal ' alaih).

Muhtal - Muhtal or also called muhal and hawil, is the party which gave the loan debt (da ' in) to muhil, and devolve rights charged him of dependents muhil to dependents muhal ' alaih. 

Muhal 'alaih - Muhal ' alaih, also known as muhtal ' alaih was the party that owes (madin) to muhil responsible, and pay debts to muhtal muhil.

According to qawl ashah, that declared that hawalah substance is that the development of Dáin, muhal ' alaih in Semitic hawalah square measure as third parties or others. he's seen as a artefact that's commercial through the thing of contract hawalah.



Dainani - Dainani square measure 2 debt, as well as debt to the muhtal muhil termed ad-Dáin muhal al-bih, and debt to alaih ' muhil muhal square measure termed ad-Dáin muhal al-' alaih.

Shighah - Shighah or language transactions in Akkadian hawalah covers consent and qabul which indicates the meaning of a transfer of Rights charged debt. Thus, in the Akkadian version of the ashah hawalah are not valid when using shighah. because the transaction is recognized in the dialect of the editor, not the substance.

Classification Of Hawalah Contract - The contract agreed hawalah legalitasnya is Akkadian hawalah with objects in the form of debt (Dáin). i.e.  muhal ' alaih party debt to the debt, and the party muhil  to muhtal party, as described above. While the contract object with the form of hawalah stuff physically, or specific contract hawalah are not related to the debt party muhal ' peace to the disputed muhil, legalitasnya scholars. According to the majority of scholars (Malikiyah, Hanabilah, and Syafi'iyah,) is not allowed, while according to Hanafiyah, Shi'ah Imamiyah, and Zaidiyah  allowed.

In the Hanafi madhhab, there are two types of marriage a legalised hawalah. i.e. hawalah muqayyadah and  hawalah muthlaqah.

 The Legal Consequences Of Contract Hawalah

After contract fulfilled hawalah tenets and terms. will further establish the legal consequences, as follows:

• Switch its rights charged debt muhtal of dependents muhil to dependents muhal ' alaih.
• Freed him from debts muhil muhal.
• Freed him from debts muhal 'alaih muhil. 

In essence when in a condition there is damage then the contract is not valid.