The Harmonization of Islamic Law and Civil Code in the Murabahah Contract: A Case in Indonesia

Abstract

This research aims to analyze the murabahah contract by focusing on the congruence of the principle that should be applied  according to the Islamic Law and Civil Code. As a legal research, the approach are using statute approach, conceptual approach, and comparative approach. The legal material is in the form of contract and some laws. From the comparison, there are some similar principles including al-hurriyah with the freedom of making a contract, al-musawah with the parity principle, ash-shidq with the good deed principle. Some principles in Civil Law do not have certain names in Islamic Law, such as pacta sunt servanda principle. In contrast, some Islamic contract principles are not in the Civil Law, which is “Illahiyah” principle.

Keywords: Contract, Murabahah, Islamic law, Civil Code