1. Rights and duties are two sides mutually opposite sides in a transaction. The right one party an obligation of the other party, and vice versa obligations of either party be right for the other party. rights Definition of rights According language is: a true power over something or to demand something or authority. According to the jurists, the notion of rights, among others: 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 Ustaz Mustafa Az-Zarqa (Jordan Jurisprudence Expert Syrian origin): "the right of him is a set specificity of Personality 'a rule or taklif" According to Ibn Nujaim (Expert Mzhab Hanafi fiqh): The right is something that is protected specificity.

2. 1. In terms of the rights owner. Divided into 3 (three) types, yatiu: Rights of Allah SWT. Rights of God, the whole shape of the can draw closer to God, to glorify Him, such as through a variety of worship, jihad, and enjoining evil. 2. The right combination of the right of God and Human rights. Regarding this joint right, sometimes God is more dominant right (instrumental) As an example of the right of God the more dominant is the problem of "waiting period" in which case the penalty for adultery accuse without sufficient evidence. And sometimes more dominant human rights i.e: within criminal homicide within Qisas / abuse

3. Public RightsPrivileges Rights  Maintaining health facilities,  maintain order,  eliminate violence (criminal)  and other actions that can be destructive to the society at large.  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  rights of the father becomes the guardian of his children  rights sought (sought)  and others that are for personal gain Regarding human rights, a person may abort right, forgive and change it and may also bequeath to the heirs.

4. According to the fiqh Ulamas, in terms of the object, the right is divided into:  Property rights (haq maal) is the rights related to property. Such as: the right of the seller to the price of goods sold and the buyer the right to buy the goods  Non-property rights (haq ghairu maal) is the rights that are not associated with the object. Such as: the right of Qisas, of all human rights, the rights of women within her divorce krn withhold a living,  Individual rights (haq as-syakhsyi) are rights assigned to individuals in the form of Personality kewajinban for others, like the seller to accept the price of the goods it sells, and the buyer's right to the price of goods bought.  The material rights (Haq al-’ain) is the right of person who set the terms of the substance so that it has full power to use and develop the rights (use rights over something, such as roads, drains, etc.)

5. Haaq al-ainiHaaq asy-sakhsyi is permanent and follow their ownersNot permanent Rights for all agesRights relating to the responsibility of an adult Material (objects) can change handsMaterial (objects) can not change hands Rights become void if the material is crushed Can not be aborted, because it comes from the self.

6. 1) Haqq al-Milkiyah (Proprietary) That is a right that is given to those who have it: the power or authority over something so that he has absolute authority for the use and benefit 2) Haqq al-Intifa '(Rights benefits) is right to take advantage of other people's property through the causes that justified by Personality '. Wahbah al-Zuhaily noted five reasons foments intifa right ': (1) through I'arah, (2) ijara, (3) endowments, (4) the will bil benefits and (5) through ibahah. 3) Haqq al-Irtifaq Haqq al-Irtifaq is the rights that apply to an object does not move in the interests of moving objects ill of others.

7.  (a). Irtifaq rights can apply for personal benefit or public property, being rights intifa 'effect on the utilization of certain personal objects (a person).  (b). Rights Irtifaq always associated with the object is not moving, being right Intifa 'can apply to objects moving and not moving.  (c). Irtifaq perpetual rights and can be inherited, while the right intifa 'limited time.

8.  Al-Shirkah al-'amma, such as adjacency relationships with public facilities, are like roads, rivers, etc.  Specific requirements within the contract that was agreed mu'awwadhah. As a seller of land to the requirements of the purchaser of the right through, drain the water.  The agreement between neighbors to regulate and curb the rights of each others. As for the types of rights Irtifaq popular in the books of fiqh, among others:  Haqq al-Syurbi, namely the right to utilize water for irrigating plants, animals or human beings for the sake of drinking.  Haqq al-Majra, namely the rights of landowners to use land much closer neighbor to drain the water from the source.  Haqq al-Masil, the land use rights of others to channel waste into the sewer family.  Haqq al-Murur, namely the right to the land owner further ground to pass others who are close like ride through the pages of others.  Haqq al-jiwar, namely the right of the wall adjacent neighbors or united. Under these conditions each of which can take advantage of the wall along not cause harm to the neighbors.

9. Haqq al-Ta'ali the right neighbor at flats in the buildings where the roof into the floor beneath the buildings on it. e) The right mujjarrad and ghairu mujarrad 1.Haqq mujarrad is pure right that does not leave marks when aborted through peace or forgiveness. Umpanya: the debt problem. 2.Haqq ghairu mujarrad is a right that when aborted / excused leave a mark on those who forgive. Such as: in Qisas. If the heirs forgive the killer killed, the killer who was entitled to be killed is not entitled to be killed In terms of the authority of the court A.) diyaani Haqq (religious), ie the rights that should not be interfered with (intervention) by a judicial authority. Umpanya: the debt problem can not be recorded and verified by the creditor, he still owes to God and held accountable in the hereafter. B.) qadhaai Haqq, are all rights under the rule of the court (judge) and the right pemiik able to prove its right in front of the judge.

10. Ulama Fiqh have agreed to declare, that the source / cause right is Shari'ah. Shari'ah which establishes the rights directly without carrying out a variety of reasons such as religious orders, the ban on committing a crime. according to the source fiqh scholars that right there is 5 (five): 1 Personality 'as a variety of worship are ordered. 2 Akad, such as sale and purchase agreement, grants and endowments within the alienation. 3 Will of personal, like a vow or promise. 4. helpful deeds, like other people pay off debt 5. acts that cause harm to others. D. Due to the Law of One Rights Cause 1) Protection of the Rights is the translation of the teachings and principles of justice. For the sake of fairness required strength or power to protect rights. Without this assurance, violation of rights of another person and harassment can occur 2) Use the right In principle, Islam gives freedom for every owner to use their rights in accordance with his will (will of god) is not contrary to Islamic law. The basic principle or rights owner is forbidden to use their right to engage in immoral,

11. Ta'assuf Haqq fi Isti'malil confirmed by the teachings of Islam as forbidden and reprehensible acts (haram). Postulate that indicate the prohibition against Ta'assuf Isti'malil Haqq fi among other considerations based on two principles, namely: First, the principle of freedom in Islam is not absolute, but freedom with responsibility. Secondly, the principle of monotheism teaches that Allah SWT, is the true owner of the rights, privileges dimiliknya human being is God's message to be used as desired Him. Deeds belonging Ta'assuf Isti'malil Haqq fi is as follows: 1) If a person in the exercise the right result in a violation of the rights of others or cause harm to the interests of others. 2) If the person did not act in isyari'atkan and not in accordance with the purpose of the benefit that you want to accomplish in the only use. 3) If a person uses his right to keep his personal benefit madharat great result against the other parties or the resulting benefit is proportional to the resulting madharat

12. 4) If a person does not exercise the right appropriate place / contrary to the prevailing customs and madharat cause against other parties. For example, tape-radio sounding loud that it interferes with the peace 5) If a person is careless use of his rights, so mengakibatkn madharat against the other party. Violations of the rights and interests of others or the general public, as far as possible be avoided through preventive measures: preventing any possible violation of the rights and interests of others and the general public. However, if Ta'assuf Haqq fi Isti'malil has occurred, can take some alternative action: a) Eliminate / eliminate everything that has clearly caused madharat to other parties. For example: stop the construction or demolition of a neighbor who impede the rights to use their irtifaq b) Pay damages / compensation (penalty) commensurate with the disadvantages / risks that result from actions Ta'assuf Isti'malil Haqq fi. c) Cancel the action, such as canceling tahlil ceremony, will that cause madharat mambatalkan.

13. d) Stop the action, such as stopping actions that disturb public tranquility. e) Provide penal sanctions (ta'zir) f) Taking action against perpetrators forced to do something to harm or risk posed quickly ended 3. obligations Definition of Liability.  According Compulsory language word meaning: (something) to be done, ill be ill done. This mandatory is also one of the legal taklifi kaedah which means that the law is burdensome mukallaf deeds. understanding of the obligations in terms of the legal effect of a contract which are referred to as "Iltizam". As for the main source iltizam, are:  a) Aqad, namely the will of both parties (al'-aqidain will of god) to perform an engagement, such as the sale and purchase agreement, lease rent and so forth.  b) The will of god al-munfaridah (will unilaterally, such as when someone delivered a promise or vow.  c) Al-fi'lun nafi (act of), such as when a person sees another person in the state who desperately need assistance or aid. 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 damaging or violating the rights or interests of others, then he is burdened by iltizam or certain obligations.

14. Ilitizam sometimes applies to property (al-mal), the debt (al-dain), and the deeds (al-ficil). Iltizam to property should be met with to surrender property to Multazam-lahu, as must the seller delivers the goods to the buyer and the buyer must hand over money to the seller. Ilitizam for an act to be met through an act that became mahallul iltizam, such as a labor obligations (musta'jir) in the ijara contract to be fulfilled by doing a certain job. Ilitizam against debt in principle be met by those who owe directly. However, in certain circumstances provide some alternative Islamic law compliance Ilitizam: a) Hawalah, namely the transfer of Ilitizam (in this case is a "must pay the debt") to another person (a third party).. b) Kafalah ("gather, guarantees, and bear"), which is the guarantee given by the user (al-kafil) to third parties to fulfill the obligations of both parties, the parties are borne (al-makful) which is happening is a transfer iltizam c) Taqashi, a state in which the bill was blocked accounts receivable because he himself indebted to the people who receivables to himself. Under such conditions only hindered each bill to demand rights, but they are still burdened with Ilitizam respectively.

15. In Arabic it means choice. Discussion khiyar al-fiqh scholars raised issues concerning the transactions in the field of civil, especially when economic transactions occur some problems in the transaction. In terminological the scholars of fiqh al-khiyar defined as: The right to vote for either one or both parties to carry out a transaction that is executing / canceling the transaction that was agreed in accordance with the conditions of each party who commits the transaction. Here are presented some understanding of each khiyar: 1) khiyar al-Majlis the right to vote berakad both parties to cancel the contract, such as sale and purchase and lease, as long as both are still within contract assembly (in the store room) and blm split body. 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 berakad or for others to continue or cancel the sale and purchase, during the time frame stipulated.

16. Khiyar terms ended with one of the following reasons: a) contract cancellation occurs assertion or stipulation b) deadline expires khiyar c) there is damage to the object of the contract d) The addition or improvement in the control of the purchaser in terms of both the amount of such birth or lay eggs or fluffy e) Death of Shahibul khiyar 4) khiyar al'Aib  namely the right to cancel or hold the sale and purchase for both parties who do contract, if there is a defect in the object being sold, and it is not known defect owner when the contract takes place.  As for the terms of entry into force khiyar al'aib, according to experts of jurisprudence, defects in the goods that are: 1) Defect was discovered before or after the contract but not yet handed over the goods and the price; a defect or defects that long. 2) The buyer does not know that there is a defect in the goods when the contract takes place. 3) When the ceremony takes place, the owner of the goods (the seller) does not require that if there is a defect may not be returned. 4) Disability is not lost until the cancellation agreement

17. Namely the right to vote for the buyer to declare invalid or void the sale and purchase what he did to an object that he has not seen when the contract takes place. Contract such as this, may occur due to the object to be purchased was not there / not appear during the contract, or as difficult to see as canned fish (sardines). khiyar terms ar-ru'yah enactment, namely:  Object not seen buyers purchased when the contract takes place  The contract is a material object, such as land, houses, and vehicles.  Alternative contract itself has to be canceled, such as sale and purchase and lease,  cancellations must meet the following requirements:  khiyar rights still apply for buyers  The cancellation does not cause harm sellers, such as the cancellation is only done in part to the object that bought and sold,  cancellation was known to the seller. 6) khiyar Naqad (payment) If the two parties buying and selling with the provision that if the purchaser does not settle the payment, or if the seller does not deliver the goods within a certain time limit, then the injured party has the right to cancel the contract or still continue.