Perjanjian Jual-Beli Dengan Sistem Taksir Menurut Hukum Islam (Studi Kasus Perjanjian Jual-beli Tanah di Kecamatan Tanah Putih, Kabupaten Rokan Hilir, Provinsi Riau)

Abstract

The validity of a sale and purchase is indicated by drawing up an agreement by both parties as a proof of its implementation. Sale and purchase agreements can be carried out in various types of procedures and implementation, one of which is by using an appraisal system, or in Islamic lave, it is called jizaf. Jizaf has become a habit practiced by the people of Tanah Putih Subdistrict in carrying out land transactions if the exact size of the land which will determine the value of the land price, has not yet been known. The problems of this research are: How is the practice of sale and purchase agreements utilizing an appraisal system in Tanah Putih Subdistrict, Rokan Hilir Regency. Risu Province viewed from Islamic Law: What are the legal consequences of a sale and purchase agreement utilizing an appraisal system in Tanah Putih Subdistrict, Rokan Hilir Regency, Riau Province are; and how to resolve the dispute resulting from a sale and purchase agreement utilizing an appraisal system in Tunah Putih Subdistrict, Rokan Hilir Regency, Riau Province.

This empirical juridical research is conducted by obtaining data from primary data and secondary data, which consist of legal materials, namely: primary, secondary, and tertiary legal materials. Data are collected through literature studies and field studies by conducting interviews and distributing questionnaires to the respondents. Date obtained are analyzed using a qualitative data analysis method.

The research results indicate that the practice of sale and purchase agreements utilizing an appraisal system in Tanah Putih Subdistrict, Rokan Hilir Regency, Rias Province, viewed from islamic Law, hus become a habit practiced by local indigenous people for conducting land transactions. The sale and purchase agreement utilizing the appraisal system, viewed from the validity of the sale and purchase agreement pillars and terms implemented by the local community, is not in accordance with Islamic Law because the appraisal requirement based on Islamic Law is not fulfilled. The legal consequences of aa sale and purchase agreement conducted by the people of Tanah Purik Subdistrict, Rokan Hilir Regency, Riau Province show that both parties have agreed upon the contract voluntarily during the covenant, but the land as the sale and purchase object. which is determined using the appraisal system, contains defects that cause confusion in the nature of the covenant. This kind of covenant in Islamic lave can be canceled. Some efforts to resolve disputes arising from sales and purchase agreements using an appraisal system in Tanah Putih Subdistrict, Rokan Hilir Regency, Riau Province, are curried out through deliberation. Both the seiler and buyer carry out mediation, which is witnessed by the village head or ninik mamak as a judge who provides understanding so both parties in dispute are granted the freedom to either make a neve agreement or cancel the sale and purchase agreement.