Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

The default concept in the sharia contract law in Indonesia

Author(s): Panji Adam Agus Putra, Edo Rezaldy E, Ertanto Tyas Saptoprabowo, Isni Rubiantini, Neni Sri Imaniyati

Default concept in the sharia contract law in Indonesia is regulated in The Compilation of the sharia Economic Law and Legislation Fatwa National the Sharia Board of Indonesian Ulama Council (DSN-MUI) Number 129 of 2019. Standard concepts related to the default in the sharia contract law in Indonesia are required as a form of legal certainty in the sharia principles-based business transactions. The approach in this research was based on normative juridical approach. The data were collected through literature review. This research was a descriptive analysis research. The results showed that, firstly, the default concept in the sharia contracts law in Indonesia was closely related to ta’adȋ, tafrȋth, taqshȋr and mukhâlafat al-syurȗth terms. It was said as a default if it fulfilled three elements, when there was an error; there was a loss and there was a causal relationship between the error and the loss; secondly, the claim for rights in the form of compensation or commonly referred to as ta’wȋdh was occurred as a result of legal consequences occurring due to the default in the sharia contract law in Indonesia.

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