Mabahits Al-Uqud
Vol 1 No 1 (2024): June

Norms and Applications of the Combination of Contracts and Promises (Wa’ad) in Musyarakah Mutanaqisah Contracts

Azmi Nur Naila Najah (Universitas Islam Negeri Sunan Gunung Djati Bandung)
Muhammad Fauzan Januri (Universitas Islam Negeri Sunan Gunung Djati Bandung)



Article Info

Publish Date
30 Jun 2024

Abstract

This paper examines the norms and application of the combination of contracts (uqd) and promises (wa’ad) in Musyarakah Mutanaqisah contracts. The study uses a qualitative method, with a deductive-normative approach to assess the legal standing of these concepts within Musyarakah Mutanaqisah. The research focuses on current conditions and uses secondary data such as books and legal regulations. Uqd refers to contracts involving mutual agreement through ijab and qabul, whereas wa’ad is a promise from one party to perform an act in the future. In Musyarakah Mutanaqisah agreements, these two concepts are applied together to facilitate the gradual transfer of asset ownership. The study finds that while wa’ad is not legally binding, it plays a significant role in ensuring adherence to Shariah principles while meeting business needs. The paper highlights the importance of understanding these concepts in the context of Islamic financial contracts.

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Journal Info

Abbrev

aluqud

Publisher

Subject

Description

Mabahits Al Uqud is a peer reviewed journal published by Postgraduate of Universitas Islam Negeri Sunan Gunung Djati Bandung Indonesia and managed by its Master Program in Sharia and Economic Law It is a distinguished scholarly journal committed to advancing the discourse on contract law and legal ...