Open AccessComparison of The Hawalah System in The Fiqh Muamalah Against The Turkey’s Majallah Al-Ahkam and The Indonesian Civil Law
Author(s) -
AUTHOR_ID
Publication year - 2020
Publication title -
j-ebis: jurnal ekonomi dan bisnis islam/j-ebis (jurnal ekonomi dan bisnis islam)
Language(s) - English
Resource type - Journals
eISSN - 2540-8100
pISSN - 2502-1397
DOI - 10.32505/j-ebis.v5i1.1543
Subject(s) - fiqh , indonesian , political science , law , sharia , philosophy , theology , islam , linguistics
This paper examines the system of debt transfer (hawalah) contained in the fiqh muamalah, then it is calculated against the hawalah system in the Majallah al-Ahkam al-Adliyah and the Civil Law of Indonesia. Because there are some differences between the three systems. This paper is conducted through a research study of litaration. The result of this study, if the system is in fiqh compared to the hawalah system contained in the Majallah Al-Ahkam Al-Adliyah, the author only found a slight change. However, when compared with Indonesian Civil Law, there are many changes ranging from the underwriting, the agreement, and the parties involved in the hawalah process.