Jurnal Hukum IUS QUIA IUSTUM
Vol. 33 No. 1: JANUARI 2026

Integration of Sharia Legal Principles into National Commercial Law System: A Comparative Study between Fiqh Books and Indonesian Civil Code

Madjid, Sitti Saleha (Unknown)
Hasanuddin, Hasanuddin (Unknown)
Nurwahidin, Pantja (Unknown)
Masuwd, Mowafg (Unknown)



Article Info

Publish Date
20 Feb 2026

Abstract

This study aimed to analyze the integration of Sharia principles into national commercial law system by comparing the classical fiqh literature with Indonesian Civil Code. The urgency of this study reflected existing ambiguities in the regulation of Sharia-based contracts in national legal system, which led to legal uncertainty in commercial practices and trade agreements affecting Muslim community. The formulated problems included (1) how could Sharia principles be integrated into national commercial law? and (2) to what extent could Indonesian positive law accommodate these principles? A normative legal study was conducted using a comparative method between Islamic and national civil law, along with qualitative analysis of relevant regulations and fatwas. The results showed that there were both similarities and differences between the two legal systems, specifically concerning the principles of mutual consent and object clarity. However, Islamic law tended to be stricter in upholding the lawfulness (halal) of the contract object and in prohibiting riba (usury) and gharar (uncertainty). Based on the results, this study recommended the reconstruction of national commercial law by integrating Sharia-based contracts, harmonizing legal norms through Supreme Court, and strengthening legal education to produce practitioners competent in both legal systems. In conclusion, the integration of Sharia principles into national commercial law enriched Indonesian legal system and fostered justice that was consistent with Islamic values.

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Journal Info

Abbrev

IUSTUM

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ius Quia Iustum Law Journal is a peer-reviewed legal journal that provides a forum for scientific papers on legal studies. This journal publishes original research papers relating to several aspects of legal research. The Legal Journal of Ius Quia Iustum beginning in 2018 will be published three ...