The Problems in Implementing Islamic Contract Law As A Complementary Provision for Business Contracts in Indonesia

Abstract

The norms of sharia contracts, which are based on Islamic religious texts, the Qur'an and Hadith, provide contractual provisions for Muslims that emphasize the principles of Islamic values and mutual benefit. These sharia-based contract norms cannot be implemented as legal norms because of the nature of the principle of legality in Indonesia which only implies textual-based law in the form of laws and their derivatives. The application of sharia contract norms is very important because it is in line with the living laws of the Indonesian people. This paper will discuss the problems in the implementation of Sharia contract norms as legal norms in Indonesia as one of the countries with the Civil Law system. The method used in conducting this research is basically the normative-comparative method, which is carried out by examining the literature, or also called bibliographic research. Normative law research focuses on positive legal inventory, including the level of legal synchronizationl. In conclusion, the problem in the application of Islamic contract law in Indonesia faces the dynamics challenges of pro and con of its placement in laws and regulations or legislation. However, the lesson that can be seen in Indonesia compared to other countries is that the application of Islamic contract Law in Indonesia has more legal certainty by having a National Sharia Council (DSN-MUI) and a Compilation of Sharia Economic Law (KHES) although it still needs to be placed in the form of a law to strengthen its legality in a Civil Law country system.