KHIYAR

Knowingly or not, we as Muslims often do khiyar umet in everyday life. That is in the process of buying and selling. For example, when we buy clothes for our children but when the dress shirts under the house was not fit for our child / there is a flaw in his shirt so that we return to the dealer and exchange it for when we buy an existing agreement does not fit with pabila be returned. Well that is one example than khiyar. But perhaps because of ignorance and lazy we learn the fiqh muamalah kitamenjadi khiyar do not know what that is?
Yes, Khiyar is in conducting elections in the sale and purchase agreement whether to continue the contract of sale or undo / pull back the will to do the buying and selling. In business and economic considerations are important because they khiyar with the khiyar people doing the buying and selling a business transaction can think of each benefit even further, so as not to take place today because of remorse dikemudaian feel cheated.
In this case the author tries to analyze how khiyar (pilih0 rights in venture agreement that will be according to Islamic economics writer jelasakan the explanation below.


II. PRINCIPLES OF THE PROBLEM


The issues to be discussed in this essay the author is
A. What is the definition of khiyar?
2. Various kinds of khiyar in venture agreement according to Islamic economics?
3. How does Islam view about khiyar?
4. How does Islam view about khiyar economy?
III. ANALYSIS
A. Khiyar definition (Voting Rights)
Etymologically, it means khiyar: Selecting, set aside, and filter. In general it means is to determine who was either of two things (or more) to be used in the science of jurisprudence terminology orientasi.Secara means: The right of any person who did venture agreement to choose between two things of interest, to continue or cancel the agreement. [ 1]
Khiyar means "must choose between the two, went on sale and purchase agreement or mengurugkan (pull back, not so dijula ​​buy)". Khiyar held by Personality 'to the two people who were buying and selling can think of each benefit even further, so as not to take place because of the remorse felt cheated dikemudaian days. [2]
Khiyar is to seek the good of the two cases; hold or canceled. [3]
Khiyar the conduct of elections within the sale contract does not continue the contract of sale or undo / pull back the will to do the buying and selling. [4]
Khiyar are going to choose to continue selling or will membatalakannya. [5]
Khiyar is an agreement (perakadan) between buyers and sellers to choose or not it would be a possibility of buying and selling in a certain tempo (which determined the two parties). [6]


B. Various Kinds Khiyar (Voting Rights)
According to scholars Hanafiyah khiyarada number 17. [7] Ulama Malikiyah khiyar split into two parts, namely al-taamul khiyar (see, examine) the absolute and khiyar khiyar naqish (less) that if there is a shortage or a disgrace to the goods sold. [8 ] Ulama Syafi'iyah berpendap that khiyar khiyar divided into two al-khiyar tasyahi is causing buyers postpone the transaction in accordance with the taste of the goods, either in the majlis and conditions. The second is someone who khiyar naqhisah due perbeadaan in kessalahan lafazh or presence in the manufacturing or turnover. [9]
Types of Enterprises according to the agreement khiyar in Islam: [10]
[1]. Right to Choose The Location Agreement (Khiyarul Majlis)
That is sort of right to vote for the parties to negotiate an agreement to cancel the agreement or continue it as long as the agreement had not moved from the location. Is essentially the words of the Prophet sallallaahu 'alaihi wasallam: "The seller and the buyer has the freedom to choose as long as they are not moved from the location of the transaction.?
Meaning moved in here is vast, returned to the habit.
[2]. In a Voting Rights Requirements (Khiyar ash-Syarth)
Ie the requirements demanded by one of the parties involved in the agreement, or required of each party for himself or for another party, given the right to thwart the agreement within a specified period.
Disyariatkannya basic right to vote is the hadith Habban Munqidz bin. He often cheated in buying and selling due to lack of clarity merchandise, so the Prophet sallallaahu 'alaihi wasallam gave him the right to vote. He sallallaahu 'alaihi wasallam said: "If you buy something, say,' No fraud '." [Reported by Bukhari in the book of al Buyu'; chapter: Fraud is prohibited in jualbeli, number 2117. Also in the book of al hiyal, number 4964. Narrated by Muslim in the book of al Buyu goods are deceived in buying and selling, number: 1533]]
Right to vote can also be owned by other than the parties who are bound by the majority of scholars in the agreement for the realization of the same lessons from disyariatkannya suffrage requirements for parties who are bound. This opinion was opposed by Zufar and Imam Ash-Shafi'i in one of his opinion. But the majority opinion of scholars in this issue is more appropriate.
Suffrage requirements included in various permanent agreement can be canceled. Marriage, THALAQ, khul'a and the like do not receive the right to vote on this one, because all of the original contract is irrevocable.
[3]. See Voting Rights (ar-Ru'yah Khiyar)
The point is tied to the rights of people who venture agreement which has not seen the goods were subjected to an agreement to thwart the deal when he sees it (and no air-Kenan).
For the validity of these voting rights, required two things: That the object of the agreement should be a specific object, such as houses, cars and the like. Second, it should not be seen when the contract was.
Right to vote to see this is still disputed by scholars based on their dispute to be whether or not to sell goods that are not seen his form. Some scholars allow it absolutely. There is also an absolutely forbid it. Some scholars have a permit with a requirement, and if they ban it without that requirement.[4]. Due to Defective Goods Voting Rights (Khiyar Aib)
These voting rights are owned by each of the parties bound to derail the agreement if the agreement revealed the existence of defects in objects that were previously unknown agreement.
Therefore, prescribed the right to vote against the disabled, so they can anticipate a willingness to eliminate defects.
Defects that can be rejected with the right to vote is flawed that can reduce the price of goods among the traders. The barometer here is of course the people who are experts in the field of commercial goods. It also required that the defect existed before the handover, and should people who do not know the agreement was flawed. This requirement can not be tolerated in aksio-matic.
Right to vote against this defect entitles the person who is bound to continue the agreement or cancel the agreement.But if the person is already willing to disgrace the presence of a continuous light or any indication of the direction it is, then it's right to choose its own fall.
[5]. Determining the right of Select Business Object Agreement
That is, the right of the buyer or seller to choose the consequences in terms of business agreement that will be done, to determine one of two or three of the same object or a value price. The agreement applies to one of two or three objects alone, and one of the parties to the agreement entitled to vote.
This right is also still debated by scholars. The majority of scholars forbid it, because the object vagueness of the agreement, so it is like selling a cat in a sack which was obviously ruining the agreement. Abu Hanifah allows the system is in urgent circumstances, or because it has become a habit, with a note that the vagueness object agreement does not cause conflict.
The validity of the right to vote to correct this, requires three conditions:
A. That choice should be for three kinds of objects or less, because it is a necessity. When more than that, obviously does not suit your needs and there is no reason to do so.
2. The discrepancies between the three objects with an explanation of each item prices. The discrepancies were not serious to dismiss the existence of the vote. While the explanation of it to ward off the price of the object that caused the dispute obscurity.
3. Time restrictions. Abu Hanifah gave a requirement that no more than three days, analogous to voting rights requirements. But the two friends he would prefer solely limited time only, although more than three days.
Those who allow the right to vote is also different opinions, whether the right to vote is also required by the khiyar syarth? Namely the one that is bound to the agreement sets the terms for him to be able to set a time limit, and should he be granted the right to cancel the agreement within a specified period, so he was given a choice between selecting objects or canceled. Or there is no such requirement? So he only had the opportunity to choose or set a time limit, but are not entitled to reject the whole thing? While the majority of the schools they chose this last opinion.


C. Defects in Enterprise Agreement [11]
When doing a business deal that sometimes agreements covered some defects that may relieve some of the willingness, or make agreements that do not have the correct knowledge back. So at the time the aggrieved party the right to cancel the agreement. Image defects can be described as follows:
A. Intimidation
Namely to intimidate others to do the speech or action that does not like the bullying and threats.
Intimidation was proved by the following:
1) Parties should be able to carry out his threat to intimidate.
2) People who are bullied heavily suspect that the threat would be carried out against him.
3) If one of two things let alone both of them did not exist, then it is considered to intimidation messing around, no effect at all.
The jurists have agreed that the various financial activities based on consensual, such as buying and selling and the like are not considered legitimate when carried out under intimidation. But whether all these activities are allowed after the loss of intimidation or not? Namely when there willingness having previously intimated, whether justified or not? There is a difference of opinion among scholars. The majority of scholars forbid it, while Abu Hanifahmembolehkannya.


2. Mistake.
This defect is associated with a particular object venture agreement. Ie, by describing the object into an agreement with one particular picture, it looks the opposite. Like people who buy diamond jewelry, it is made of glass. Or people who buy clothes of silk, was only made of cotton.
The mistake itself there are two kinds:
A. Errors of the consequential cancellation of the agreement made, namely that the difference is returned to the differences in the type of object agreement, or the striking differences in the facility which is the object, such as the difference between the gold with copper, or the carcasses of animals slaughtered by the meat on sale and purchase agreement.
2. Mistake or not the differences are striking differences in facilities, such as people who bought the male animal, the animal was a female, or vice versa. This mistake does not cancel the agreement, but the injured party has the right to cancel it.


3. Ghubn (Incognito Price of Goods)
Ghubn literally means a reduction. In the terminology of the science of fiqh, which means a reduction in one tool compensation, or barter between the two devices are not considered fair compensation is not the same as that given by the received. As one who sells a house worth ten million when his property is only eight million. Of the person doing the impersonation prices, means transferring ownership of the goods with compensation more than the price of goods. Meanwhile, the victims of undercover price, have the goods at higher prices than the real price of the goods.
Disguise themselves according to the price of goods among the jurists are of two kinds: heavy disguise and camouflage lightly.
A. Incognito Light: That disguises the price of goods that are not up to it out of the market price, the price is estimated by those experienced in the field of commerce.
2. That is to disguise weight issue market value of the goods. Disguises the price of such items is of course the subject is invalidate the agreement as an asset or property waqaf people banned, or property Baitul Mal, because the operation of the treasures of this kind should be in the loop the benefit of the asset.
As in other business agreements, still disputed against the influence of this heavy disguise. There are three popular opinion:
A. Such rate disguises no effect at all, in order to maintain the ongoing interests of business agreements made and keep it off. Because people who are victims of impersonation prices were not out of the slovenly attitude and in a hurry. For that he must bear the consequences of her action.
2. People who are victims of impersonation price of that right to cancel the agreement, to let go of persecution against him.
3. Impersonation is the price of goods can be included if the goal is a matter of deception of one party, the parties who are victims of right to cancel it. If not with the intention of deceiving the buyer, then there is no influence of anything. Possibility is the opinion of the most fitting of all the above opinion. Barometer distinction conduction light with heavy disguise is a habit. Since there are no patent restrictions in this matter.








D. Function Khiyar
Khiyar function is to ensure that both buying and selling of people who can think more about the positive or negative for each of them. Thus between the two sides will not happen regret later on because of fraud, mistake, and coercion. [12]




III. CONCLUSION

    Khiyar is an agreement (perakadan) between buyers and sellers to choose or not it would be a possibility of buying and selling in a certain tempo (which is determined by both parties.
2. Types of Enterprises according to the agreement khiyar in Islam [1]. Right to Choose The Location Agreement (Khiyarul Majlis); [2]. In a Voting Rights Requirements (Khiyar ash-Syarth); [3]. See Voting Rights (ar-Ru'yah Khiyar); [4]. Due to Defective Goods Voting Rights (Khiyar Aib), [5]. Determining the right of Select Business Objects Agreement.
3. Islam considers khiyar is something really are essential in terms of buying and selling due to the two people who were buying and selling can think of each benefit even further, so that will not happen today because dikemudaian regret felt cheated.
4. In Islamic economics, khiyar becomes absolute necessary when a business or economic agents want to transact business or economy because of the presence of khiyar means ensuring that the benefit of both parties can be mutually beneficial, and not to harm each other and mendzalimi.
REFERENCES


A. Prof.Dr.Abdullah al-Muslih and Prof.Dr.Shalah ash-Shawi, Fiqh Islamic Financial Economics, Jakarta, Dar ul Haq Publishers, 2002.
2. Hendi Suhendi. Fiqh Prophet. PT. Grafindo Persada king. Jakarta. , 2005.
3. Kahar Mansyur. Fiqh Urkhul science. Minutes Muassasah al. Beirut. Of 1994.
4. M. Hasbi Ash Shiddiqie. Introduction to the Fiqh Prophet. Semarang: PT. Rizki Putra library. Of 1997.
5. Mohammad Anwar. Mu'amalat, Munakahat Faraid, and Janayat .. Dar al
Al Arabiy poles. Cairo. 1990
6. Nana Masduki. Of 1987. Fiqh Prophet. New York: IAIN SGD.
7. Sayyid Sabiq. Fiqh Sunnah. PT. Al Ma'arif. Bandung. Of 1988.
8. Sudarsono. Principal - Principal Islamic law .. PT. Rineka Notices. Jakarta. 2001
9. Sulaiman Rasjid, Fiqh Islam .. New Light Algesindo. Bandung. 2002
10. Prof. DR. H. Racmat Syafee'i, M.A.. Fiqh Prophet. New York: CV. Faithful Reader. 2001
11. http / / jacksite.wordpress.com/2007/07/03/khiyar / # comment


[1] Al-Juhali Wahaba, Al-Fiqh Al-Islami wa Adillatuh, chapters IV, Damascus, Dar Al-Fikr, 1989, p. 250,
[2] Solomon Rasjid, Islamic Jurisprudence, 2002, p. 286
[3] Sayid Sabiq, Fiqh Sunnah 12, 1988, p. 100
[4] Drs. Sudarsono, SH, M.si, Principles of Islamic Law, 2001, p. 406.
[5] Dr. H. Hendi Suhendi, Fiqh Prophet, 2005, p. 83
[6] H. Moh. Anwar. Mu'amalat, Munakahat Faraid, and Janayat, 2001, p. 45
[7] Ibn Abidin, Radd al-Mukhtar, Juz IV, hlm.250.
[8] Ibn Rushd, al-Mujtahid wa Bidayah a-Mutashid, Juz II, p. 96.
[9] Ibn Rushd, al-li hasyiyah Syarqawi, Juz II, p. 40-50.
[10] Prof.Dr.Abdullah al-Muslih and Prof.Dr.Shalah ash-Shawi, Fiqh Islamic Financial Economics, Jakarta, Dar ul Haq Publishers, 2002, p. 23.


[11] http / / jacksite.wordpress.com/2007/07/03/khiyar / # comment
[12] Drs. Sudarsono, SH, M.si, Principles of Islamic Law, 2001, p. 407