PRAKTIK AL-ISTISQAAQ DALAM ISLAM
Abstract
Al-Istihqaaq is a person who sues and claims ownership of something, then it is claimed and the lawsuit can be proven and the judge wins the suit. If mustahiq proves that the goods sold are his property not the property of the seller, then the judge wins the claim and claim, then the sale and purchase of the existing aqad does not necessarily become null and void, but is deferred to the permission and approval of mustahiqq. There are two aqad in al-istisqaaq namely: aqad buying and selling al-muqaaiyadhah (barter). Al-istihqaaq happened in ar-rahn, meaning that the pawned goods turned out to be the property of others, not the rights of arraahin (who mortgaged) themselves. Uluma agreed to declare in the implementation of al-Istihqaaq may not contain elements that can damage the contract and there is tyranny.
Moraref