Al-Maslahah
Vol 12, No 2 (2016)

KEBEBASAN BERKONTRAK DALAM JUAL BELI MENURUT KITAB UNDANG-UNDANG HUKUM PERDATA DAN KOMPILASI HUKUM EKONOMI SHARIAH

Sukardi Sukardi (Unknown)

Article Info

Publish Date
19 Jan 2017

Abstract

This article discusses the right to draw up a sale contract according to Indonesian civil code and the law compilation of Islamic economy. This right includes a statement that everyone is free to draw up a contract as long as it is not against laws, norms, and social order. The right to draw up a contract is stated in Indonesian civil code, article 1493 in connection with article 1338 clause (1). However, the contract must be based on conditions mentioned in article 1320. Meanwhile, according to the law of Islamic economy, the right to draw up a contract (Huriyyatul Aqad) must be in accordance with social system, ethics, and sharia - in other words, a contract drawn up against sharia is unacceptable. Keywords: Freedom of contract, buy and sell, Kitab Undang-Undang Hukum Perdata, Hukum Ekonomi Shariah.

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Journal Info
Al-Maslahah
Website

Abbrev

Almaslahah

Publisher

Institut Agama Islam Negeri Pontianak

Subject

Religion Economics, Econometrics & Finance

Description

Al-Maslahah (ISSN: 1907-0233, E.ISSN: 2502-8367) is a scientific journal in the fields of syari’ah that published by Syari’ah and Islamic Economic Faculty. Pontianak State Institute of Islamic Studies. This journal contains the masterpiece of professional writers and researchers. The vission of ...