Legal Literacy - This article discusses the dynamics and importance of sharia contracts in the context of business and banking in Indonesia, which are growing rapidly in line with the development of the Islamic economy. Sharia contracts play an important role in ensuring that business transactions are carried out in accordance with sharia principles, which include honesty, fairness, and compliance with the prohibition of riba, gharar, and maisir. This article also outlines the definitions, theories, principles, subjects, and objects of sharia contracts, as well as the validity requirements and legal consequences if the contract is canceled or terminated. This information is important for business actors who want to understand how sharia contracts are applied in practice and legal regulations in Indonesia, providing a comprehensive guide to the requirements and legal implications of sharia contracts.
Introduction
Currently, there are many businesses in Indonesia that show a rapidly developing graph, as is the case with activities in sharia business. Ongoing sharia business activities certainly involve contracts. The most rapid development of the Islamic economy in Indonesia is in the form of banking and non-bank financial institutions. With the increasing diversity of sharia business, actors must implement it based on sharia based on the relationship between banks and customers within the scope of banking. The contract that occurs in sharia business is a sharia contract. In this condition, the sharia contract regulates a written agreement or engagement based on sharia principles with the function as evidence for the parties.
The purpose of the sharia contract is to guide humans when conducting socio-economic transactions, whether modern or conventional, in order to achieve divine pleasure. In practice, sharia contracts are prohibited from containing riba, gharar, and maisir. Meanwhile, what is permitted, based on sharia principles, are the principles of tawhid, the principle of Amanah, the principle of fatanah, the principle of siddiq, the principle of Ridha, the principle of tabliq, the principle of ikhtiar, the principle of mas'ulun, the principle of adil, the principle of zakat, and the principle of ihsan.
Definitions and Terms of Sharia Contracts
The word for contract in Arabic is akad, which means bond or conclusion. A contract is a certainty resulting from a mutual agreement between two parties, verbally, through gestures, or in writing, with binding legal implications in its implementation. The terms contract and agreement are not differentiated in Islamic law because they are identical to the term akad, so akad is defined as the existence of a valid offer and acceptance according to sharia law and allows for legal consequences to arise. In addition, the word sharia etymologically means "the path to the watering place" or "the path that must be followed." When conditioned in a sharia contract, the word sharia has the meaning of all human activities related to practice, Aqidah, and morals are regulated in the form of commands and prohibitions in accordance with dail qath'i.
It is concluded that a sharia contract is the process of carrying out transactions between one party and another bound by law with an offer and acceptance in accordance with sharia law. It can also be said that all legal rules in the field of muamalah that regulate actors in economic relations are based on consensus based on Islamic law and can have legal consequences.
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