Implementasi Qawa’id Al-Fiqhiyyah Pada Sharia Contract Drafting

Abstract

The development of the sharia economy, especially in the field of banking requires innovation in order to compete competitively, one of which is the use of the standard contract model in Islamic banking transactions that is considered to increase the rate of transactions. The nature of standard contracts that are made in bulk and arranged by one of the parties makes transactions faster and can save costs. However, Islam has principles that must be fulfilled in the preparation of the contract so as not to harm one of the parties, namely by fulfilling the Islamic Legal Maxim. This research aims to analyze the implementation of the rules of al-ghurm bi al-ghunm on sharia contract drafting in Islamic banking that uses the standard contract model. This research uses qualitative methods with a literature review approach. The result of this study is that sharia contract drafting with the standard contract model in Islamic banking must pay attention to the fulfillment of rights and obligations proportionally with reference to the rules of al-ghurm bi al-ghunm. In addition, although the standard contract model is only made by one party, the preparation of the contents of the contract clauses should not harm either party, because the determination of rights is directly proportional to the obligations that must be carried out.