KONSEP PERJANJIAN USAHA FRANCHISE (WARALABA) DALAM PERSPEKTIF ISLAM

Abstract

This study aims to find out what is meant by an agreement and a franchise (franchise), to find out what is meant by a franchise agreement (franchise), and to find out how the concept of a franchise business agreement (franchise) is in an Islamic perspective.

This research is a research in which the required data are fully collected through library research. In this case the author reads books related to the literature on the basis of argumentation. Because the data obtained are qualitative data, the technique used in the analysis is carried out using descriptive analytical methods, and also used deductive and inductive.

Based on this research, the results show that the concept of a franchise business agreement (franchise) in an Islamic perspective is (1) a franchise agreement does not conflict with Islamic law. Of course, with a note that the object of the franchise agreement is not something that is prohibited in Islamic law. If the object being franchised is something that is prohibited in Islamic law (for example, food and drink that is forbidden) then the agreement automatically contradicts Islamic law. (2) In Islamic law, the agreements contained in the franchise agreement (franchise) are a combination of several forms of contracts (agreements), namely cooperation contracts (syirkah), debt/borrowing agreements (ariyah), and lease contracts ( ijarah). where between the franchisor and the franchisee a cooperative relationship is formed for a certain time (according to the agreement) to obtain mutual benefits. Cooperation, either in the form of granting licenses to use certain trademarks and trade recipes, or cooperation in fostering workforce skills, or one party expending energy and the other party only issuing business capital with an agreement that profits will be divided according to the agreement. (3) The agreement applied in the franchise agreement can be justified according to Islamic law as long as it fulfills the pillars and conditions of the agreement, the principles of muamalah are also fulfilled, namely businesses that contain benefits, upholding the principles of justice, honesty, helping each other, not making it difficult, consensual and avoid all forms of usury, fulfill the conditions of the validity of the agreement and avoid sinful acts.