Abstrak
Thesis entitled: "" Legal Thought Ibn Abidin Al Hanafi About khiyar And Its Relevance In Modern Business. "" Written by Irwin Setiawan.S.H.I (NIM: 101.15.002) by 2017. Motivation authors to examine this issue for the sake of their fellow human beings bermuamalah elusion of dharar (harm) has been taught by the Prophet Muhammad, as well as refrain in carrying out despicable deeds in Islam. All the rules that Allah has established in the Qur'an and the prophet's guidance in his sunnah have covered all the formalities of muamalah. But the reality in the community happens some deeds that are not based on the Koran and Sunnah. Either because it was not intentional or because of other factors. Especially in the field of Business which now contains many harmful elements. The scholars have different opinions in determining the various khiyar. Mutafaq scholars on khiyar, among others: khiyar majlis, khiyar terms, khiyar. Khiyar is not relevant to modern business, then khiyar majlis is very irrelevant to be used in the current binis. To represent the opinions of these scholars, the author elicits Ibn Abidin's opinion. This is because the character is the initiator of the seventh Khiyar, which khiyar is relevant to modern business. Understanding khiyar can Then khiyar also called by selecting and adding from the guarantee of the addition of the law to 'ilatnya and why, and dianya clearly according to the eloquent and fuqaha in general. So it does not need to say what khiyar is legitimate but more important. Because it is illustrated with legitimate khiyar terms and not assigned to khiyar itself (for every two contracts). This means the seller and the buyer themselves (for them at the same time). That is legitimate khiyar to the seller and the buyer for all or part of the goods, described in the book of sarajiah: buyer measure or weigh or deny the terms khiyar in half, one third, one fourth, should as at sea. And the division of khiyar which includes seventeen divisions according to Ibn Abidin. In the linguistic aspect the word khiyar is used to choose between two cases, whether to continue the transaction or to cancel it. Some of the known khiyar are khiyar majlis, khiyar syarat, khiyar aib. But in addition to the khiyar mentioned earlier, there are some khiyar that are rarely known in learning and have been agreed upon by the Ulama. In contrast, Hanafi Ulama khiyar assign it to seventeen khiyar namely khiyar syarat, khiyar ru'yah, khiyar 'aib, khiyar sifat, khiyar naqd, khiyar ta'yin, khiyar Ghabn ma'a at-taghrir, khiyar kammiyah, khiyar istihqaq, khiyar taghrir fi'li, khiyar Kasyful hal, khiyar khiyanah murabaha, khiyar khiyanah tauliyah, khiyar tafriq ashshafaqah, fudhuli aqad approval, and khiyar relating to the rights of others in the lease agreement or pledge. And like it. Then its relevance to modern business. Therefore, the authors need to conduct further research by conducting research library research in order to collect the literature data in the form of books related to this discussion. The method that the author uses in collecting data is the method of documentation. In analyzing the data, the researcher uses content analysis, which is an effort to collect and arrange the data by focusing on the document, the paper then held the analysis and interpret the data. The analysis in question is to compile the data obtained as a whole, then concluded to be drawn into a discovery of a new discourse. While the concept of khiyar according to Ibn Abidin, then khiyar also called by selecting and adding from the guarantee of the addition of the law to 'ilatnya and why, and dianya clearly according to the eloquent and fuqaha in general. So it does not need to say what khiyar is legitimate but more important. Because it is illustrated with legitimate khiyar terms and not assigned to khiyar itself (for every two contracts). This means the seller and the buyer themselves (for them at the same time). It means khiyar for the seller and the buyer for all or part of the goods, described in the sarajiah: the buyer measures or weighs or denies the terms of khiyar in half, one-third, one-quarter, as in the sea. So the koshi Khiyar according to Ibn Abidin applies to all goods, whose use to carry out the principle of buying and selling, be careful, avoid fraud, educate to be honest, boost trust for the business. It turns out that khiyar classified by Ibn Abidin in the past, at the time not yet rapid development of the times as it is today. Have a match in terms of relevant khiyar with modern business. Furthermore, this difference occurs at the level of Ulama that the authors view has an influence on society because the problem is closely related to muamalah problem which is very open door difference in it as long as not to violate the Qath'i proposition.