IMPLEMENTASI MABDA’ HURRIYYAH AT-TA’AQUD DALAM LEMBAGA KEUANGAN BERBASIS SYARI’AH (KAJIAN ANALITIS TERHADAP KONTRAK BAKU (STANDARD CONTRACT))
ABSTRACT: Mabda 'Hurriyyah
At-Ta'âqud or in the KUH referred to as the principle of freedom of contract,
stipulated in Article 1338 which states that "All agreements are legally
valid as the laws for him." This principle implies that every person can
make a covenant (agreement) of any kind without being tied to the names that
have been specified in the legislation and include any clause in the contract
are made in accordance with its interests as far as wealth does not result in
eating a fellow with the road vanity may harm the other party. In society
(modern), the implementation of this principle is slightly shifted its essence
if it is related to the phenomenon of contract / agreement standard (‘aqd
al-iz'an) that can be found in financial institutions based on Shariah. On one
side of standard contract gives the parties that would ease the complexity of
transactions made klausu-clause agreement that not everyone can master it. But
on the other side of the standard contract coercion attitudes often lead to one
party, where such party (creditors) have no power to resist. So that the edges
there is only one decision that must be taken that is a take it or leave it. Of
course it is contrary to the purpose of the contract (maudhu 'al-aqd) because
of a contract that has been made should not be burdensome either party. For
this reason this paper is made to provide alternative solutions to the
existence of standard contract (‘aqd al-iz'an) can fully provide convenience,
especially for the parties to a transaction with Shariah and maslahah for ummah
in general.
Kata-kata Kunci: Implementasi,
Mabda’ Hurriyyah at-Ta’âqud, Lembaga Keuangan, Syari’ah
Penulis: Luluk Ifayah
Kode Jurnal: jpperadabanislamdd130057
