Asy-Syariah
Vol 3 No 1 (2017): Asy-Syari`` ah Januari 2017

Studi Komparasi Tentang Batasan Khiyar Al-’Aib dalam Jual Beli Menurut Mazhab Syafi’i dan Hukum Perdata

Arwadi (Institut Ilmu Keislaman Zainul Hasan Genggong)



Article Info

Publish Date
01 Jan 2017

Abstract

This study is a library research on “Comparative Study On Limitation khiyar Al-’Aib In the Sale and Purchase According to the Shafi’i of and Civil Law”. This study aims to find out the opinion of Shafi’i and the civil law of al-’Aib khiyar limits and the legal consequences arising and the similarities and differences between Shafi’i and civil law on limitation khiyar al-’aib in buying and selling. The similarities between Shafi’i and civil law is, equally allows for khiyar al-’Aib, the start time khiyar al-’Aib is since it was discovered by the buyer any defects and, if already rather old (after the discovery of defects), then right khiyar al-’Aib becomes void by the buyer and selling into luzum (fixed), while the difference is the language Shafi’i of his time is Fauri (direct) according to custom, civil law is “in a short time”, while the legal consequences arising is the time when the buyer does not exercise its right then right into the fall and selling into luzum (fixed).

Copyrights © 2017






Journal Info

Abbrev

assyariah

Publisher

Subject

Religion Humanities

Description

Asy-Syariah Journal Is The Journal That Pudlished by Islamic Economic and Business of Institut Ilmu Keislaman Zainul Hasan Genggong Kraksaan Kab. Probolinggo Est Java, this Journal publish About Islamic Law, Social Islamic ...