Improve awareness of the principles of Islamic law

Oct 13, 2025 by miodeya.com 19 views

Buying and Selling Agreement with an Assessment System According to Islamic Law: A Case Study of Land Buying and Selling Agreements in Tanah Putih District, Rokan Hilir Regency, Riau Province

Introduction

In the context of Islamic law, the sale and purchase agreement is a crucial aspect of economic transactions. The use of an estimated system, also known as Jizaf, in land trading transactions has become a common practice in Tanah Putih District, Rokan Hilir Regency, Riau Province. This system arises when the exact size of the land to be traded is not yet known, and land prices are determined based on subjective assessment. However, from the perspective of Islamic law, this practice has several problems, including the lack of certainty in the object being traded. In this article, we will discuss the practice of buying and selling agreements with an assessment system, review Islamic law on building agreements, and explore the legal consequences of this agreement.

The Practice of Buying and Selling Agreements with an Assessment System

In Tanah Putih District, the use of the estimated system has become a habit that is accepted among the community to conduct land transactions. This study collects data through literature studies and interviews with relevant respondents, including sellers, buyers, and community leaders. From the observations, it appears that the use of the estimated system has become a common practice in the community. However, this practice raises several concerns, including the lack of certainty in the object being traded.

Review of Islamic Law on Building Agreements

From the point of view of Islamic law, the practice of buying and selling with this estimated system has several problems. One of the valid requirements for buying and selling agreements according to Islamic law is the certainty of the object being traded. In this case, because the soil that is the object of buying and selling is determined based on estimates, this can cause uncertainty. This uncertainty has the potential to violate the principle of justice in transactions and can be considered not to meet the valid requirements regulated in Islamic law.

According to Islamic law, a valid buying and selling agreement must meet several requirements, including the certainty of the object being traded, the consent of both parties, and the absence of any coercion or deception. In the case of the estimated system, the lack of certainty in the object being traded can make it difficult to determine the price of the land, which can lead to disputes and conflicts between the parties involved.

The Legal Consequences of this Agreement

From the results of the study, it was found that although both parties (sellers and buyers) had agreed to carry out the agreement voluntarily, the use of the estimated system could cause doubt in the nature of the agreement. In Islamic law, an agreement that contains uncertainty like this can be canceled. This is a serious concern, especially for people who may not fully understand the legal implications of their transactions.

In Islamic law, a contract that is based on uncertainty or ambiguity is considered invalid. This is because the principle of justice in transactions requires that both parties have a clear understanding of the terms and conditions of the agreement. In the case of the estimated system, the lack of certainty in the object being traded can make it difficult to determine the price of the land, which can lead to disputes and conflicts between the parties involved.

Conflict Resolution

When a dispute arises due to a buying and selling agreement that uses the estimated system, the community usually resolves it through the deliberation process. In practice, both sellers and buyers mediate witnessed by the village head or mamak ninik. Their role as an intermediary is very important in providing understanding to both parties to reach a new agreement or decide to cancel the agreement that has been made.

In Islamic law, conflict resolution is an important aspect of dispute resolution. The community is encouraged to resolve disputes through peaceful means, such as mediation and arbitration. In the case of the estimated system, the community can use mediation and arbitration to resolve disputes and reach a new agreement that is fair and just.

Conclusion

The practice of buying and selling land with an assessment system in Tanah Putih District shows how social norms can have an impact on economic transactions. However, it is essential to remember that even though the habit has been rooted, an understanding of the principles of Islamic law needs to be improved. Awareness of the importance of certainty in each transaction will help the community to buy and buy more fairly and in accordance with sharia provisions, as well as reducing the potential for disputes in the future.

In conclusion, the use of the estimated system in land trading transactions has several problems, including the lack of certainty in the object being traded. From the perspective of Islamic law, this practice can lead to disputes and conflicts between the parties involved. Therefore, it is essential to improve awareness of the principles of Islamic law and the importance of certainty in each transaction to ensure that economic transactions are conducted fairly and justly.

Recommendations

Based on the findings of this study, the following recommendations are made:

Improve awareness of the principles of Islamic law: The community needs to be encouraged to improve their understanding of the principles of Islamic law, including the importance of certainty in each transaction.
Use of alternative dispute resolution methods: The community can use alternative dispute resolution methods, such as mediation and arbitration, to resolve disputes and reach a new agreement that is fair and just.
Development of a new system: The community can develop a new system that takes into account the principles of Islamic law and the importance of certainty in each transaction.
Education and training: The community needs to be educated and trained on the principles of Islamic law and the importance of certainty in each transaction.

By implementing these recommendations, the community can ensure that economic transactions are conducted fairly and justly, and that disputes and conflicts are minimized.
Frequently Asked Questions (FAQs) about Buying and Selling Agreements with an Assessment System According to Islamic Law

Q: What is the estimated system in land trading transactions?

A: The estimated system, also known as Jizaf, is a method of determining the price of land based on subjective assessment, rather than an exact measurement of the land's size.

Q: Why is the estimated system used in land trading transactions?

A: The estimated system is used when the exact size of the land to be traded is not yet known, and land prices are determined based on subjective assessment.

Q: Is the estimated system allowed in Islamic law?

A: No, the estimated system is not allowed in Islamic law because it lacks certainty in the object being traded, which is a valid requirement for buying and selling agreements according to Islamic law.

Q: What are the consequences of using the estimated system in land trading transactions?

A: The consequences of using the estimated system in land trading transactions include disputes and conflicts between the parties involved, as well as the potential for the agreement to be canceled.

Q: How can disputes and conflicts be resolved in land trading transactions?

A: Disputes and conflicts can be resolved through alternative dispute resolution methods, such as mediation and arbitration, or through the deliberation process, where both sellers and buyers mediate witnessed by the village head or mamak ninik.

Q: What is the role of the village head or mamak ninik in resolving disputes and conflicts in land trading transactions?

A: The village head or mamak ninik plays a crucial role in providing understanding to both parties to reach a new agreement or decide to cancel the agreement that has been made.

Q: Why is it essential to improve awareness of the principles of Islamic law in land trading transactions?

A: It is essential to improve awareness of the principles of Islamic law in land trading transactions because it can help to ensure that economic transactions are conducted fairly and justly, and that disputes and conflicts are minimized.

Q: What are the benefits of using a new system that takes into account the principles of Islamic law in land trading transactions?

A: The benefits of using a new system that takes into account the principles of Islamic law in land trading transactions include ensuring that economic transactions are conducted fairly and justly, and that disputes and conflicts are minimized.

Q: How can the community develop a new system that takes into account the principles of Islamic law in land trading transactions?

A: The community can develop a new system that takes into account the principles of Islamic law in land trading transactions by working together with experts in Islamic law and land trading transactions to create a system that is fair, just, and compliant with Islamic law.

Q: What is the importance of education and training in land trading transactions?

A: Education and training are essential in land trading transactions because they can help to improve awareness of the principles of Islamic law and the importance of certainty in each transaction, which can lead to more fair and just economic transactions.

Q: How can education and training be provided to the community in land trading transactions?

A: Education and training can be provided to the community in land trading transactions through workshops, seminars, and other training programs that focus on the principles of Islamic law and the importance of certainty in each transaction.

Q: What are the benefits of providing education and training to the community in land trading transactions?

A: The benefits of providing education and training to the community in land trading transactions include improving awareness of the principles of Islamic law and the importance of certainty in each transaction, which can lead to more fair and just economic transactions.