Contract or engagement/agreement is one of the object of the discussion in the study
of fiqh, especially fiqh muamalah. Fiqh muamalahis a plural words that consist of word
fiqh and muamalah. Etymologically, fiqh mean understand, know and execute1.Muamalahis
a law related to the actions of human being and the rights of material such as purchase,
lease, mortgage and others.2Fiqh as the result of understanding have a human intellectual
characteristic according to it’s methodology and can be sure it will affected by time, place
and the level of each intellectuality. Contemporary, fiqh muamalah mean the law of islamic
economy about the regulations of material relation or called privat law by the expert of
positiv law, where it discuss about human rights and the relations with one and other and
very relevan to develop and to apply as a product of sharia banking