Kelayakan Akad Seorang Insan

Sebelum seseorang itu terlibat dalam apa jua kontrak dalam muamalat, seseorang itu mesti ada kelayakan. Kelayakan inilah yang dikenali sebagai ahliyyah.

Ahliyyah; Kelayakan; Sifat yang tetapkan oleh Syariah ke atas seseorang yang memungkinkan seseorang itu menerima taklifan atau hak.

Terdapat dua bentuk kelayakan;
1. Kelayakan Wajib (ahliyyah al-wujub). Yang dimaksudkan dengan kelayakan wajib ini ialah kelayakan seseorang manusia itu untuk menerima  sesuatu. Kelayakan ini dianggap wajib ada bagi seseorang insan, apabila insan itu disahkan hidup. Kelayakan ini wujud sejak seseorang itu masih janin, walaupun tidak sempurna (naqisah) dan kelayakan ini akan sempurna (kamilah) sebaik sahaja ia dilahirkan. Contohnya seorang bayi yang dilahirkan, sudah ada kelayakan untuk menerima harta pusaka, atau hadiah pemberian orang lain. Bahkan sejak daripada dalam kandungan dia sudah ada hak, tapi hak itu belum dianggap sempurna, dan tertakluk kepada sama ada dia lahir ke dunia atau tidak. Inilah yang dinamakan kelayakan wajib. Inilah hebatnya Islam, mengiktiraf kelayakan seseorang itu, sejak awal ia mula wujud sebagai seorang insan.

2. Kelayakan Melaksanakan (ahliyyah al-‘ada’). Kelayakan untuk melaksanakan pula bermaksud seseorang itu dianggap layak untuk melakukan sesuatu kontrak. Kelayakan ini dianggap bermula apabila seseorang itu mumaiyyiz iaitu boleh membezakan baik dan buruk, tetapi kelayakan ini ketika itu masih dianggap tidak sempurna (naqisah) selagi belum baligh. Jika seseorang itu sudah baligh, maka sempurnalah kelayakan seseorang itu untuk melakukan sesuatu kontrak. Contohnya seorang kanak-kanak sekolah membeli, semua urusan mereka tertakluk kepada keizinan daripada penjaganya, dan keizinan ini boleh dikenal pasti berasaskan kepada kebiasaan masyarakat. Dia tidak beoleh melakukan urus niaga sendirian kerana kelayakannya masih belum sempurna. Kelayakan yang sempurna ialah pada umur baligh, iaitu 15 atau 18 bagi Hanafi. Namun dalam bab muamalat, umur 18 dipilih berasaskan budaya global semasa.

Ini asas dalam fiqh muamalat.


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