Open AccessComparing the Contract Between Islamic and Indonesian Laws
Author(s) -
Atharyanshah Puneri
Publication year - 2020
Publication title -
indonesian journal of law and society
Language(s) - English
Resource type - Journals
ISSN - 2722-4074
DOI - 10.19184/ijls.v1i2.18171
Subject(s) - indonesian , law , sharia , islam , civil code , civil law (civil law) , exclusion clause , database transaction , commercial law , business , political science , contract management , computer science , philosophy , linguistics , theology , marketing , programming language
In the common transaction, the contract plays a crucial element made between the parties with their consent. Its importance reflects that the contract realizes the parties' agreements and the contract binds the parties mentioned in the agreements. This study aims to review the contract law by analyzing the law of contract from two different laws, which are Islamic and Indonesian laws. This study finds some similarities and differences between Islamic and Indonesian laws when they come to governing contracts. Every contract in Islamic law must comply with sharia aspects, and the law derived from the Quran and Hadith. Meanwhile, based on Indonesian law, a contract can be deemed legal when it complies with the requirements stated in Article 1320 Indonesian Civil Code, and every Contract in Indonesian Law comes and is derived from the Indonesian Civil Code.
KEYWORDS: contract law, Islamic law, Indonesian law.