Open AccessAnalisis Konsikwensi Terhadap Kelemahan Konsep Akad Dalam Kompilasi Hukum Ekonomi Syariah
Author(s) -
Abdur Rahman Adi Saputera,
Mohamad Ramdan Suyitno,
Muhammad Syakir Alkautsar
Publication year - 2020
Publication title -
nizam/nizham
Language(s) - English
Resource type - Journals
eISSN - 2541-7061
pISSN - 2339-1235
DOI - 10.32332/nizham.v8i02.2709
Subject(s) - paragraph , clarity , harmony (color) , strengths and weaknesses , unconscionability , political science , business , sociology , law , epistemology , philosophy , art , biochemistry , chemistry , visual arts
This study aims to analyze how the consequences of the weaknesses of the contract concept as stated in the KHES, and how the solutions to the weaknesses of the contract concept are. This research is a qualitative research library research (literature review) with a descriptive-analytical approach which is strengthened by primary and secondary data sources, while the data analysis techniques used are inductive, deductive, and comparative. The results showed that the consequences of the weaknesses of the contract concept in KHES were; Different interpretations, Sharia economic disputes are not resolved, the parties are harmed and do not provide massive information. While the solution to the weakness of the concept of the contract in article 25 paragraph (2) is that the solution to the clarity of the meaning of sighat al aqd is to provide a comparison with the sighat al-aqd that is in muamalah fiqih as KHES absorption adheres to these rules. More precisely, the contract must be carried out clearly, in oral, written and/or art form, and for the harmony of the mudharabah agreement Article 232 it is customary to add the object of the contract, and the main purpose of the contract as one of the pillars in the contract, as well as adding the provisions of the qardul hasan contract to book II. in chapter XXVII, also provides limitations in article 607, while article 347 must provide clarity in detail.