Indonesian Journal of Islamic and Social Science (IJISS)
Vol 4 No 1 (2026): Indonesian Journal Of Islamic and Social Science

PENYELESAIAN WANPRESTASI TERHADAP PERJANJIAN SEWA MENYEWA MENURUT HUKUM ISLAM

M. Lugas Fadillah (Universitas Islam Aceh)
Al Furqan (Universitas Islam Aceh)
Khadijatul Musanna (Universitas Islam Aceh)



Article Info

Publish Date
23 Jun 2026

Abstract

This study aims to analyze the resolution of breach of contract in lease agreements under Islamic law. A breach (wanprestasi) in an ijarah (lease) contract occurs when one party fails to fulfill agreed obligations, such as late payment, misuse of the leased object, or violation of contractual terms. In Islamic law, the resolution of such breaches emphasizes the principles of justice (‘adl), public interest (maslahah), and good faith between the parties. Dispute resolution is primarily conducted through mutual deliberation (ṣulḥ) to reach an amicable settlement without harming either party. If such efforts fail, the dispute may be brought before judicial institutions, where decisions are made based on evidence and sharia principles. Sanctions for breach in Islamic law are not punitive in nature but aim to restore rights and obligations proportionally, including compensation (ta‘wīḍ) for actual losses incurred. Additionally, contract termination (fasakh) may be applied in cases of substantial violation. Therefore, the resolution of breach of contract in Islamic law highlights a balance between enforcement of rights, responsibilities, and moral values grounded in sharia principles.

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Journal Info

Abbrev

IJISS

Publisher

Subject

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

Description

IJISS This journal focuses on Islamic studies in a broad sense, covering issues related to local wisdom, sharia economics, politics, education, law, and philosophy, The languages used in this journal are Indonesian, English, and Arabic. IJJIS is a journal that can be easily accessed by readers. This ...