TERMINATION DISPUTES SETTLEMENT CONTRACT Settlement of disputes in

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TERMINATION DISPUTES SETTLEMENT & CONTRACT Settlement of disputes in the trade agreement. In the

TERMINATION DISPUTES SETTLEMENT & CONTRACT Settlement of disputes in the trade agreement. In the books of fiqh there are some guidelines that can be taken as a way of resolving disputes in the transaction. There are two things that are usually a source of friction in the buying and selling, namely: a) Dispute price. The completion of this price, for example the differences between them in the case when there is no clarity how the agreed price, is by way of decision making through evidence from each party. b) The dispute over the liability risk. Regarding accountability for risk in the event of damage or obliteration of goods, jurists argue that this can be seen from the point when the occurrence of the damage. 1) In the event prior to the handover. If damage occurs before handing over the goods, then the solution is: a) handed over as a result of actions of the buyer, then the sale does not become fasakh (void), the contract takes place as before and the buyer is obliged to pay the entire fee.

b) If the damage caused by the actions of others, then the buyer should

b) If the damage caused by the actions of others, then the buyer should determine the choice between returning to the other person or to cancel the contract. ? c) Buying and selling is void because the goods are damaged before handover inflicted seller or the goods themselves or act as a disaster d) If some items are damaged due to actions of the seller, the buyer is not obligated to pay for the damage. e) If the goods are damaged due to act, he (the seller) is still obliged to pay. Buyers must make a choice between canceling the contract or take a rest (which is not broken) to pay all of f) If the damage caused by the disaster of the Lord (coercion) which makes the lack of goods so the price reduced levels in accordance with the damaged, the buyer should determine the choice between mambatalkan contract by taking residual (intact) with payment. 2) In the event after the handover. If damage occurs after the handover of the goods, then the damage is the responsibility of the buyer, 2 Street Settlement Dispute resolution in the HPI implemented through three roads, namely: 1) peace (Shulhu), 2) the arbitration (tahkim). 3) through the judicial process (al-Qadha).

a. Shulhu (Peace) is a kind of agreement to end the resistance between two

a. Shulhu (Peace) is a kind of agreement to end the resistance between two people against each other, or to end the dispute. � Shulhu implementation can be done in several ways, among others: � By way ibra (freeing debtors from their obligations partially) � By way Mufadhah (replacement with another) example Shulh grant is granted in part plaintiffs demanded goods to the defendant, the plaintiff Shulh Bay to sell goods that are required to defendant and the plaintiff mempersewakan Ijarah Shulh goods demanded by the defendant. � b. Tahkim (Arbitration) � means lifting as a referee or arbitrator. the terminological tahkim means removal of one or more, as a peacemaker by two or more persons to the dispute, to resolve the case that they can not agree amicably. � The legal basis of tahkim namely: � Q. S. An-Nisaa '(4): 35 � Q. S. Asy- Shura (17): 38 � Q. S. Al-Imran (3): 159 � Hadith Prophet history of Tarmizi from Amr bin 'Auf about Muslims. "

C. Al-Qadha (Judicial) Al-qadha literally means to decide or define. According to the terms

C. Al-Qadha (Judicial) Al-qadha literally means to decide or define. According to the terms of jurisprudence it means establishing Islamic rules' on an event or to resolve disputes in a fair and binding. The person who is authorized to settle the case called Qadi (judge). Dispute resolution through the courts through several processes, one of the important processes that adlh proof. Evidence according to Islamic law, namely: a) Pledge (recognition of the parties regarding the presence or absence of something) b) Shahadah (testimony) c) Yamin (vow) d) Riddah (lapsed) e) Maktubah (written evidence), such as certificates and certificate f) Tabayyun (efforts to obtain the clarity that the examination conducted by the court other than the court that check, g) Field of criminal evidence, such as proof of criminology. evidence according to civil law, according to Article 164 HIR, among others: a) Written evidence, the authentic act and deed under hand. b) witness testimony c) recognition d) Presupposition judge / judges knowledge

How Can Dispute Occur? � Scheme: Perfectly done agreement Different point of view in

How Can Dispute Occur? � Scheme: Perfectly done agreement Different point of view in understanding the content Not Perfect Not done Disputes will arise how to solve To be seen what has been agreed upon by both parties on how to dispute resolution through the Courts through the Arbitration

F. End of Contract A contract is deemed terminated if the goal has been

F. End of Contract A contract is deemed terminated if the goal has been reached. In the purchase contract, for example, the contract is deemed terminated if the goods have been moved belongs to the buyer and the price has become the property of the seller. In contract lien and insured (Kafala), the contract is deemed terminated if the debt has been paid. In addition to the goal has been reached, the contract ends also seen in case of fasakh (cancellation) or have expired. Fasakh occurs with the following causes: 1. -fasakh (canceled) because of the things that are not justified Personality ', as mentioned in the contract is broken. For example, buying and selling goods that do not meet the requirements of clarity. 2. because there khiyar, both khiyar rukyat, disability, condition or assemblies. 3 One of the parties with the consent of the other party to cancel the contract because he felt sorry for the newly done. Fasakh in this way is called iqalah.

4 Due to obligations incurred, by the existence of the contract is not fulfilled

4 Due to obligations incurred, by the existence of the contract is not fulfilled by the parties concerned. For example, in khiyar payment (khiyar naqd) the seller said that he sold the goods to the buyer, provided that if within a week. 5. Because it expires, as in the lease contract term 6. Because it does not have permission authorities 7. Due to Death In a lease contract which is a contract that binds both parties certainty, the death of one party, the tenant or the rent, According to Hanafi scholars, Benefit items after the death of the owner, no longer are entitled to so that the contract no longer apply to it. But According to scholars Syafi'iah: see the benefits of rental items have all been there when the ceremony is held, does not occur in small increments, so the death of one of the parties does not invalidate the contract.

� Regarding these deaths, there is a difference of opinion among the jurists on

� Regarding these deaths, there is a difference of opinion among the jurists on the issue of whether the death parties do contract resulted in termination of the contract. In line with their dissent rights whether arising by contract that can be inherited or not. � In contract pledge, lien holder's death does not result in the expiration of the contract, but was continued by his heirs, in order to guarantee the right to receivables. � In partnership contract, because the contract was not binding on both parties for certain, the death of one of its members resulted in termination of the contract.

�Thank You !

�Thank You !