Rights and Obligations of the Parties

Rights and Obligations Rights and obligations of the two sides are mutually opposite sides in a transaction. Rights is an obligation of one party to the other party, and vice versa obligation of one party to the right of the other party.

RIGHTS DEFINITIONS OF RIGHTS According to the language are: correct power over something or authority to prosecute something. or According to jurists, understanding rights include: According to most of the scholars mutaakhirin: "the right of law is something that has been specified Personality '. According to Sheikh Ali Al-Khafifi (Origin Egypt): "the right is the benefit obtained Personality '. According to Mustafa Az-Zarqa (Jordan Jurisprudence Expert Syrian origin): "the right of him is a set specificity of Personality 'a power or taklif" According to Ibn Nujaim (Expert Mzhab Hanafi fiqh): The right is something that protected specificity.

HUMAN RIGHTS 1. PUBLIC RIGHTS - Maintaining health facilities, - maintain order, - eliminate violence (criminal) - and other actions that can be destructive to the society at large 2. PRIVILEGE - guarantees the right to belong to someone, - right to receive income from her husband's wife, - maintain the rights of the mother and her son -the right of the father to be the guardian of his children - right to seek (sought) - and others that are for personal gain

The Kinds of Al-Aini Rights 1) Haqq al-Milkiyah (Proprietary) That is a right that is given to those who have it: the power or authority over something that he has absolute authority u / use and benefit 2) Haqq al-Intifa ' That is right u / exploit other people's property through the causes that justified by Personality '. Wahbah al-Zuhaily recorded five causes that give rise to the right intifa ': (1) through I'arah, (2) ijara, (3) charitable, (4) will bil benefits and (5) through ibahah. 3) Haqq al-Irtifaq Haqq al-Irtifaq are rights that apply to an object does not move for the sake of morbidly moving objects owned by other parties.

Illegal and Reprehensible Acts of using Rights Ta'assuf fi Isti'malil Haqq confirmed by the teachings of Islam as illegal and reprehensible acts (haram). Argument which suggests prohibition against Ta'assuf fi Isti'malil Haqq among other considerations based on two principles, namely: First, the principle of freedom in Islam is not absolute, but freedom is responsible. Second, the principle of monotheism teaches that Allah SWT, is the true owner of the rights, privileges that he owned as human being is God's message to be used as He wills.

Deeds belonging Ta'assuf fi Isti'malil Haqq are as follows: 1) If a person is in use resulted in violation of his rights against the rights of others or causing harm to the interests of others. 2) If a person did not act in accordance with the law and benefit goals that you want to accomplish in the use only. 3) If a person uses his right to keep his personal benefit great result against the other party the benefit thereof or comparable with 4) If a person is not fit to use their right place / contrary to the prevailing customs and cause harm to others. For example, tape- radio sounds so hard that disturb the tranquility 5) If a person uses his or her rights want only, so resulted in madharat against others.

OBLIGATIONS Understanding Obligations According to the language of the Obligation means: (anything) should be done, executed imperative. This is also a mandatory norm of taklifi law which means that the law is burdensome obligations for mukallaf. The meaning of act within the legal definition of a contract termed as "Iltizam".

As for the main source iltizam, are: a) aqad, which will of both parties (the will of al- aqidain) to perform an engagement, such as the sale and purchase agreement, lease rent, and so forth. b) Iradah al-munfaridah (will unilaterally), such as when someone delivered a promise or vow. c) Al-fi'lun nafi (useful act) , such as when a person sees another person in a very need of help or assistance. Then he is obliged to do something about the extent of his ability. d) Al-fi'lu al-Dharr (adverse action), such as when a corrupt or infringe the rights or interests of others, then he is burdened by iltizam or certain obligations

KHIYAR In Arabic it means choice. Discussion of al-fiqh scholars khiyar raised issues concerning the transactions in the field of civil particularly when economic transactions occur several problems in the transaction. In terminology of the scholars of fiqh al-khiyar defined as: The right to vote for either one or both parties are carrying out transactions remedy hold / cancel the transaction was agreed that in keeping with the conditions of each party who commits the transaction.

Here are presented some understanding of each khiyar: 1) khiyar al-Majlis the voting rights of both parties who berakad u / cancel the contract, such as sale and purchase and lease, as long as they are still within contract assembly (in the store room) and has not been split. 2) khiyar at-ta'yin the right to vote for the buyer in determining the quality of different goods in the sale and purchase. 3) khiyar ash-Syarth the right to vote is set for one or both parties or for others to continue or cancel the sale and purchase, during the period within which specified.

TERMS OF THE END OF KHIYAR cancellation occurs affirmation or agreement stipulation deadline expired khiyar damage to the contract object The addition or expansion in the control of the buyer in terms of both the number of such birth or lay eggs or fluffy Death of Shahibul khiyar

Khiyar al-’Aib Namely the right to cancel or hold sale for both parties that, if there is a defect in the object of the trade, and it is unknown defect by the owner when the contract lasts. As for the terms khiyar al-disgrace, according to experts of jurisprudence, defects in the goods that are: a. Defect was known before or after the ceremony but not the handover of goods and prices; disability or handicap that is long. b. Buyers do not know that there is a defect in the goods c. c. When the contract lasts. d. When the ceremony took place, the owner (seller) does not require that if there is a defect can not be returned. The flaws do not disappear until the contract cancellation.

Khiyar ar-Ru’yah Namely the right to vote for the buyer to declare invalid or void transaction that he did to an object that he has not seen when the contract lasts. This contract, may occur due to the object to be purchased was not there / not visible during the contract, or as difficult to see as canned fish (sardines). validity requirement khiyar ar-ru'yah, namely: 1. Object is purchased not seen a buyer when the contract lasts 2. The object of the contract in the form of materials, such as land, houses, and vehicles. 3. Alternative contract itself has to be canceled, such as sale and purchase and lease, Cancellations must meet the following requirements: 1. khiyar rights still apply for buyers 2. The cancellation does not cause harm to sellers, such as the cancellation of an object only in part when bought and sold. 3. cancellation was known to the seller.

Khiyar Nagad (Payments) If the two parties do the buying and selling with the provision that if the buyer does not pay the payment, or if the seller does not submit baranag, within certain time limits, the injured party has the right to cancel the contract or fixed melangsungkannya.

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