grant is a contract granting of property
rights by one person to another when his he is still alive with no expectation
of reward and remuneration . Therefore , the grant is a gift of pure , not
because expecting reward from Allah , and not also limited how much. Because
the grant is the provision that has caused the law to transfer ownership , then
the grantor shall not hold back the treasure that has been dihibahkannya ,
because it is contrary to the principles of grant . By making the parable , the
Prophet Muhammad said that if the grantor claim back something that has been
dihibahkannya then his deeds are like a dog that swallows back something he had
thrown up . History derived from Ibn Abbas that reads :
قال رسول الله صلى الله عليه وسلم ألعا ئد في هبة كا لكلب يقيئ ثم يعود في قيئه
" Rasulullah SAW said : people are asking for something that already dihibahkannya back it was like a dog that swallows back something he spit . "
A. Terms of the grant
Penghibah party is the one who gives grants or people who donated hatanya to other parties . Grantor as one of the actors in the transaction required grants :
1 . He must necessarily be a perfect owner for something that donated items . Because the grant has caused to transfer ownership , ihak penghibah automatically prosecuted as the owner has full rights over the donated items . Should not happen, someone donated something that was not hers , and when something like this happens then the act is null and void .
2 . Penghibah parties must necessarily be a perfectly competent acting ( we were the ) , are of legal age and understanding. People who are already proficient act which can be judged that the act of doing legitimate , because he already has the perfect consideration . Qualified people who can act knowing good and bad of an act, and at the same time he would have had a thorough consideration on the costs and benefits of his actions donate something . Within this framework , the children who are minors , despite already mumayiz , deemed not entitled to the grant . Grants also should not be done by people who are in guardianship ( guardianship ) .
3 . Party penghibah hendakah do it on their own actions with full willingness , and not in urgent situations . Willingness is one of the main principles in the field of kehartabendaan traksaksi . The man who forced his menhibahkan something , not with ikhtiyarnya , certainly his actions were illegal .
قال رسول الله صلى الله عليه وسلم ألعا ئد في هبة كا لكلب يقيئ ثم يعود في قيئه
" Rasulullah SAW said : people are asking for something that already dihibahkannya back it was like a dog that swallows back something he spit . "
A. Terms of the grant
Penghibah party is the one who gives grants or people who donated hatanya to other parties . Grantor as one of the actors in the transaction required grants :
1 . He must necessarily be a perfect owner for something that donated items . Because the grant has caused to transfer ownership , ihak penghibah automatically prosecuted as the owner has full rights over the donated items . Should not happen, someone donated something that was not hers , and when something like this happens then the act is null and void .
2 . Penghibah parties must necessarily be a perfectly competent acting ( we were the ) , are of legal age and understanding. People who are already proficient act which can be judged that the act of doing legitimate , because he already has the perfect consideration . Qualified people who can act knowing good and bad of an act, and at the same time he would have had a thorough consideration on the costs and benefits of his actions donate something . Within this framework , the children who are minors , despite already mumayiz , deemed not entitled to the grant . Grants also should not be done by people who are in guardianship ( guardianship ) .
3 . Party penghibah hendakah do it on their own actions with full willingness , and not in urgent situations . Willingness is one of the main principles in the field of kehartabendaan traksaksi . The man who forced his menhibahkan something , not with ikhtiyarnya , certainly his actions were illegal .
Referensi:
Syafei, Rahmat.2001. Fiqih muamalah.Bandung: Pustaka Setia.
Karim,Harim.1997.Fiqih Muamalah .Jakarta: PT Raja Grafindo Persada.
Karim, Hendi.2007. Fiqh Muamalah.Jakarta: Raja Grafindo pustaka.
NURUL YAQIN (11220108)
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