Journal of Shariah Economic Law
Vol. 5 No. 1 (2025): Al Aqad: Journal of Shariah Economic Law

Analisis Yuridis Wanprestasi dalam Akad Gadai Syariah dan Pertanggungjawaban Ahli Waris: Studi Kasus Putusan PA Tangerang No. 2070/Pdt.G/2024/PA.Tng

Jalal, A.M. Fadli Dzil (Unknown)
Z, Sahman (Unknown)
Rahmat, Rahmat (Unknown)



Article Info

Publish Date
10 Oct 2025

Abstract

This study discusses breach of contract (wanprestasi) in Islamic pawn agreements (rahn) and the liability of heirs for the debts of the deceased, based on a case study of the Religious Court Decision of Tangerang No. 2070/Pdt.G/2024/PA.Tng. The primary focus is a juridical analysis of how the judge structured the resolution of default disputes in a rahn contract, particularly when the debtor (rahin) passes away before settling the debt. This research employs a normative juridical legal method with statutory, conceptual, and maqasid al-shariah approaches. The findings show that the judge harmoniously integrates principles of civil law and Islamic law by emphasizing that the deceased’s debts must first be settled from the estate before it can be distributed among the heirs. The heirs are not personally liable for any remaining debt beyond the value of the inherited estate. The ruling aligns with Article 833 of the Indonesian Civil Code, Article 175 paragraph (1) of the Compilation of Islamic Law, and the values of maqasid al-shariah, particularly the protection of wealth (ḥifẓ al-māl) and justice (‘adl). This research contributes to the development of Islamic economic law, especially in resolving defaults with comprehensive legal, moral, and social considerations. Thus, the decision reflects substantive justice and legal certainty for all parties.

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Journal Info

Abbrev

al-aqad

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Al-Aqad is an interdisciplinary journal published twice a year online (e-journal) by the Department of Sharia Economic Law of Sharia Faculty of the Pontianak State Institute of Islamic Studies. It would be maintained every year to come up as a properly online journal included the reviewing process. ...