Hukum Objek dan Kausa Dalam Perjanjian (Sebuah Perbandingan Antara Hukum Perdata dan Hukum Islam)

Sulhi Muhamad Daud (Fakultas Hukum Universitas Jambi)

Islam & Contemporary Issues
Vol. 1 No. 1 (2021)

This paper attempts to compare the laws governing the object and cause of an agreement. The object of the agreement, the provisions in Islamic jurisprudence are not much different from the requirements in civil law, in that it is required that the object of the agreement be something that exists and does not exist, according to the comparison technique, anything that is both conceivable and not impossible, something that is certain or determinable, and something that syarak allows. Even in Islamic jurisprudence, the discussion of the goal of this agreement appears to be fairly comprehensive. Similarly, while the reasons for the agreement are not identical, there are parallels between the reasons for the agreement in the Civil Code and the major goal of the agreement in Islam.