1. 1.2 DEFINE THE CONCEPT OF KHIYAR
1.1. 1.2.1 DEFINE KHIYAR
1.1.1. - Khiyar is the right seller and buyer alike there is a wish to forward or cancel the transaction
1.1.2. - Literally , Khiyar means choices . Khiyar commonly refers to certain rights of two parties , which are the seller and the buyer to verify or cancel a contract
1.1.3. - Technically khiyar was designed to fullfill the interests of business transaction in Islamic law
1.2. 1.2.2 IDENTIFY THE TYPES OF KHIYAR
1.2.1. 1) KHIYAR MAJLIS
1.2.1.1. Khiyar majlis refers to the right of choices during a certain ceremony . It is defined as the right for both parties , between the seller and buyer to perform the transaction or cancelled it as alon as still in place ( the ceremony ) of the transaction
1.2.2. 2) KHIYAR SYARAT
1.2.2.1. Khiyar's condition occurs when one or both parties stipulate that he has the right to khiyar the right to cancel the contract within a certain period
1.2.3. 3) KHIYAR 'AIB
1.2.3.1. The option a party has when he discovers in the subject something which reduces its natural value or which makes it fall short of requirements
1.2.4. 4) KHIYAR RUKYAH
1.2.4.1. Khiyar rukyah is the right of the buyer to cancel or abide by the contract when he sees the contract object on condition that he has not seen it during the contract or before he had seen it within the time limit which would have changed his time
1.2.5. 5) KHIYAR TA'AYIN
1.2.5.1. The parties have the option to choose the object of sale out of multiple varieties of a given article
1.2.6. 6) KHIYAR NAQDI
1.2.6.1. khiyar al-naqd is an Arabic term that translates into "cash price option " . Khiyar naqdi occurs when two parties do the sale and purchase with the provisions if the buyer does not pay off the payment , or the seller does not submit the goods within a certain time limit
2. 1.1 DEFINE THE ELEMENTS OF MUAMALAT
2.1. - In Islamic jurisprudence related in muamalat discussed a lot of transactions , which is one of the chapter discusses the deal in general or so-called contract
2.2. - In obtaining a halal product , then the rules an dconditions must be understood and controlled , and always meet each conducting transactions
2.3. 1.1.1 DEFINE THE CONTRACTS IN MUAMALAT
2.3.1. -'Aqd is an Arabic word which literally means to tie , bind , fasten , link together , as to tightly tie the rope , or to bind the two end something and thereby forming a strong connection
2.3.2. - Technically , 'aqd refers to a legally binding obligation , which has consequences for its subject . A mere promise does not amount to a contract
2.4. 1.1.2 DESCRIBE THE ESSENTIAL ELEMENTS OF CONTRACTS
2.4.1. a. AQID- 2 parties of the contract
2.4.1.1. Aqid is the parties who perform to the contract , they perform ijab ( offer ) and qabul ( acceptance )
2.4.1.2. i.PRUDENCE , RUSHD ( INTELLIGENCE ) ;
2.4.1.2.1. Aqid should be clever person and know what he's doing Unauthorized buying and selling by groups that are not mumayyiz and mumayyiz
2.4.1.3. ii.PUBERTY ( BALIGH )
2.4.1.3.1. The meaning of puberty is that when a man or a woman has reached a certain age , he becomes a person who deserves the duty of the syarak as a matter of prayer , fasting , pilgrimage
2.4.1.4. iii. FULL CONSENT
2.4.1.4.1. Aqid shall under no circumstances be forced Invalid buy and seller for forced people
2.4.2. b. SIGHAH - form of the contract ( offer and acceptance 0
2.4.2.1. - Offer ( ijab ) and acceptance ( qabul ) must have continuity .
2.4.2.2. - The session of contract refers to a period of time in which an offer is made , negotiated and accepted while both parties remain at the same place
2.4.2.3. i.EVERY OFFER AND ACCEPTANCE SHOULD NECESSARILY CLEARLY DESCRIBE THE WILL OF THE PARTY MAKING THE CONTRACT;
2.4.2.4. ii. ACCEPTANCE MUST BE IN LINE WITH THE OFFER
2.4.2.5. iii. EACH PARTY INTENDS TO UNDERSTAND THE REQUIREMENTS OF THE OTHER PARTY
2.4.2.6. iii. ACCEPTANCE MUST BE CONTINUED WITH OFFER
2.4.3. c. MAAQUDALAIH -subject matter and price
2.4.3.1. -The subject matter of contract differs from a transaction to a transaction
2.4.3.2. i. SPECIFICATION OF THE PRICE AND OBJECT OF SALE
2.4.3.3. ii. RULLINGS RELATED TO THE PRICE AND OBJECT OF SALE
2.4.3.4. iii. THE COST OF DELIVERY OF THE PRICE IS BORNE BY THE BUYER , AND THE COST OF DELIVERY OF THE OBJECT OF SALE IS BORNE BY THE SELLER
2.4.4. d. MAQSAD -purpose or effect of the contract
2.4.4.1. -The reason of having "akad" is to clarify and produce willingness betwwen both party who is in contract and knowing implication
2.4.4.2. i . CONDITIONS OF CONFIRMATION
2.4.4.3. ii. CONDITION OF EXECUTION
2.4.4.4. iii.CONDITIONS OF OBLIGATION
2.5. 1.1.3 IDENTIFY THE SHARIAH REQUIREMENTS IN THE SIGHAH ( OFFER AND ACCEPTANCE )
2.5.1. written
2.5.1.1. -An offer and acceptance can be made in writing to potential customers .
2.5.1.2. - Writing should be language that may lead to a comprehension of the intent of writing
2.5.1.3. - When it comes to writing it is the best way of verbally like a letter written document and what it is while it is easy to understand
2.5.2. verbal
2.5.2.1. - An offer can be verbal in which it is expressed in words to sell something to someone else and is not written down
2.5.2.2. - A classical Islamic jurist said that the verbal words for an offer should be in the past or the present tense but not in the future tense , because the offer should have an immediate effect to the offeree
2.5.3. action or signals
2.5.3.1. An offer could also be considered if it is made by a person who is incapable of making it either verbally or in writing
2.5.4. system automation