Tahqiqa: Jurnal Pemikiran Hukum Islam
Vol. 14 No. 1 (2020): Januari

PRAKTIK AL-ISTISQAAQ DALAM ISLAM

Khairillina (STIS Al-Hilal Sigli)



Article Info

Publish Date
14 Dec 2019

Abstract

Al-Istihqaaq is a person who sues and claims ownership of something, then it isclaimed and the lawsuit can be proven and the judge wins the suit. If mustahiqproves that the goods sold are his property not the property of the seller, then thejudge wins the claim and claim, then the sale and purchase of the existing aqaddoes not necessarily become null and void, but is deferred to the permission andapproval of mustahiqq. There are two aqad in al-istisqaaq namely: aqad buyingand selling al-muqaaiyadhah (barter). Al-istihqaaq happened in ar-rahn, meaningthat the pawned goods turned out to be the property of others, not the rights of arraahin(who mortgaged) themselves. Uluma agreed to declare in theimplementation of al-Istihqaaq may not contain elements that can damage thecontract and there is tyranny.

Copyrights © 2020






Journal Info

Abbrev

tahqiqa

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Tahqiqa : Jurnal Pemikiran Hukum dan Hukum Islam emphasizes the study of law and Islamic law in Indonesia by emphasizing the theories of law and Islamic law and its practices that developed in attendance through the article publications, research reports, and book reviews. We are interested in ...