Media of Law and Sharia
Vol. 7 No. 2: October 2026

Analyzing Breach of Contract through Tashri’iyyah Principles: A Study of Surah Al-Ma’idah Verse 1

Firdaus, Muhmmad Irkham (Unknown)
Dakum, Dakum (Unknown)
Lestari, Ahdiana Yuni (Unknown)



Article Info

Publish Date
01 Nov 2026

Abstract

Economic stability and social harmony in Islam depend heavily on the integrity of fulfilling promises. However, contemporary reality shows a rise in breach of contract (wanprestasi), which is frequently viewed merely as an administrative civil violation, thereby neglecting its theological dimensions and the urgency of its legal enforcement. This uncertainty erodes public trust and fosters injustice in muamalah. In fact, the Qur’an, through Surah Al-Ma’idah Verse 1, has established fundamental norms regarding the binding force of a contract (aqd). The gap between revelatory normativity and legal reality demands a re-reading through the tashri’iyyah principles (Islamic legislative principles) approach to uncover the imperative force of the verse. Therefore, this study aims to reconstruct the concept of breach of contract from a Sharia perspective and formulate the juridical implications of Divine commands regarding the liability of those who default in the context of modern law. This study employs library research with a normative-juridical approach. Data are sourced from the Qur’anic text, authoritative (mu’tabar) exegesis books, and civil law literature, which are analyzed using content analysis to dissect the command structure within the verse. The results indicate that the phrase “aufu bil ‘uqud” within the tashri’iyyah framework constitutes an imperative command (amr) that transforms a moral promise into a mandatory legal obligation. The resulting legal construction classifies breach of contract total non-fulfillment, delay, or defective performance as a Sharia violation that entails spiritual consequences and compensatory sanctions. Finally, agreements contradicting Sharia are considered void by law according to this holistic perspective.

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Journal Info

Abbrev

mlsj

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

The scope of the writings published in the journal Media of law and Sharia covers all aspects of positive law, including sharia law in Indonesia: Criminal Law This scope contains regulations that determine what actions are prohibited and are included in criminal acts, as well as determine what ...