Tahqiqa: Jurnal Pemikiran Hukum Islam
Vol. 9 No. 1 (2015): Januari

ASAS KESEIMBANGAN TRANSAKSI DALAM HUKUM TRANSAKSI SYARIAH

Husaini Husaini (Universitas Jabal Ghafur Sigli, Aceh)



Article Info

Publish Date
20 Jan 2015

Abstract

The principle of balance (Mabda 'at-tawazun fi al-mu'awadhah) althoughin fact a rare balance between the parties in the transaction, but the Islamiccontract law remains stressed the need to balance it, a good balance between whatis given and what is received and the balance in bear the risk. The principle ofbalance in the transaction (between what is given with what is received) isreflected in the cancellation of a contract that is experiencing imbalances strikingachievement. The principle of balance in bearing the risk of the transaction isreflected in the prohibition against usury, in which the concept of riba onlydebtors who bear all risks of loss of business, while creditors are free at all andshould receive a certain percentage of their funds even when experiencingnegative returns.

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Journal Info

Abbrev

tahqiqa

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Tahqiqa : Jurnal Pemikiran Hukum dan Hukum Islam emphasizes the study of law and Islamic law in Indonesia by emphasizing the theories of law and Islamic law and its practices that developed in attendance through the article publications, research reports, and book reviews. We are interested in ...