Aqad Salam Haal Dalam Perspektif Madzhab Syafi’i dan Penerapannya Dalam Aqad – Aqad Jual Beli Kontemporer

Abstract

Disputes among scholars in the realm of ijtihadiyah issues are commonplace, including one of which is the realm of fiqh, especially buying and selling transaction, it is said "man lam ya'rif al khilaf lam yasyum ro'ihatal fiqh" One who doesn't know the problems of khilafiyah has not yet smelled the aroma of fiqh. The bay al-salamis one of the contracts that our scholars agree on its permissibility in general, but they are in dispute regarding the law of salam haal, the bay al-salamin which does not require a tempo.In the view of the Syafi’i mazhab this kind of bay al-salamis valid, different from the opinion of the Majority scholars. In the midst of the development of technology that gave birth to new contacts, bay al-salam can be a solution for several contemporary contacts including dropshipping and buying and selling samples or catalogs.

Keywords :Aqad Salam, Fiqh, The Syafi’i mazhab