Protection of Legal Contracts from Islamic Perspective

DOI

10.2991/assehr.k.200306.183How to use a DOI?

Keywords

legal protection, contract, Islamic perspectives

Abstract

A contract is an agreement between two or more people regarding some issues agreed by the parties, which causes legal consequences in the form of rights and obligations for each party. Usually, the contract should be in written form and signed by the parties. General provisions regarding contracts are regulated in Book III of the Civil Code in the Engagement Chapter. A contract is one of the sources of engagement (Al-Iltizam) in Islam. While other engagement sources are regulations, laws, syara’, etc. This legal research used a normative juridical approach. Data was collected through literature and then analyzed qualitatively. The results of the study showed several problems in implementing the contract. It is permissible for the parties to use the principle of kinship and deliberation. As long as it does not contradict the applicable law, the principle is valid to be used as contracts. As the consequence of the rights and obligations in the contract not being fulfilled, the interested parties can request the authorized court institution to cancel the contract. In conclusion, a contract must be created in balance considering the position of the parties, rights and obligations.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Dody Safnul
AU  - Tan Kamello
AU  - Hasim Purba
AU  - Edy Ikhsan
PY  - 2020
DA  - 2020/03/13
TI  - Protection of Legal Contracts from Islamic Perspective
BT  - Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)
PB  - Atlantis Press
SP  - 68
EP  - 70
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200306.183
DO  - 10.2991/assehr.k.200306.183
ID  - Safnul2020
ER  -