Leges Privatae
Vol. 1 No. 4 (2024): DECEMBER-JOY

Principles Of Islamic Law In Indonesia Civil Law : A Study Of Obligations In Agreements And Contracts

Harry Tuhumury (Universitas Yapis)



Article Info

Publish Date
18 Dec 2024

Abstract

This study examines the application of Islamic legal principles in Indonesian civil law, with a focus on obligations in agreements and contracts. Although principles of Islamic law, such as Justice (‘adl), transparency (bayan), and the Prohibition of usury, have been applied in some sectors of civil law, there are significant challenges in integrating these two legal systems. This study found harmony in several aspects, such as protection against weak parties to the contract, but there are also discrepancies, especially in freedom of contract which is more emphasized in civil law. In addition, the lack of harmonized regulations and the lack of uniform implementation guidelines often lead to legal conflicts and uncertainty. The study recommends revisions to legislation to accommodate Sharia principles in civil agreements and contracts, as well as the drafting of uniform guidelines for Legal Practitioners. The results of this study are expected to be a theoretical foundation for the development of national law that is more inclusive and relevant to the needs of the Indonesian people.  

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Journal Info

Abbrev

JOY

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

This journal publishes original articles on current issues and international trends in the field of civil law, notary public, business law. The purpose of publishing this Journal is to provide a space to publish critical thinking on original research results, as well as conceptual ideas from ...