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Media of Law and Sharia
ISSN : 27211967     EISSN : 27162192     DOI : https://doi.org/10.18196/mls
Core Subject : Humanities, Social,
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 penalties can be imposed on those who commit them. Civil Law Studying humans as subjects in law, laws that arise from kinship, the law relating to the valuation of money/wealth and inheritance law. Constitutional Law Examine the ins and outs of the birth of the state, concepts and theories of sovereignty and state power, and the system and governance of the state and government, including examining the pattern of power-sharing and the formation of state equipment. State Administrative Law Picturing the system of governance, actions and behavior of officials or state administrative bodies in carrying out their duties and responsibilities, including the consequences and solutions for resolving administrative and state administrative disputes. Laws and Regulations Reviewing the system for the formation of laws and regulations from understanding basic principles or formal material principles. Definition and types of legal norms, the types and legal implications of the hierarchy of laws and regulations, the mechanism for the formation of laws and regulations, and how the system and mechanism for testing legislation.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 81 Documents
Analyzing Breach of Contract through Tashri’iyyah Principles: A Study of Surah Al-Ma’idah Verse 1 Firdaus, Muhmmad Irkham; Dakum, Dakum; Lestari, Ahdiana Yuni
Media of Law and Sharia Vol. 7 No. 2: October 2026
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v7i2.478

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.