As social beings, humans cannot be separated from each other to fulfill their daily needs. One of the relationships between one human being and another is manifested by an agreement. The agreement process is generally referred to as aqad or contract. Many parties who enter into contracts do not understand the rights and obligations they must fulfill, so even though they use the Islamic legal agreement system, the values in this concept have not been fully implemented. This paper discusses the classification of aqad in sharia economic transactions, which is analyzed using the opinions of the mazhab scholars. This paper aims to explain the classification of aqad in sharia economic law. The research method used in this research is library research. In this case, the writer obtains literary sources through literature such as books, journals, and encyclopedias related to the theme being studied. This research is oriented towards discussing the urgency or importance of aqad in Islamic economic law. The data in the research are presented in a descriptive narrative way. The analysis technique used is the data analysis technique introduced by Miles and Huberman, namely data reduction, data presentation, and concluding. The results showed that aqad is an agreement in an agreement between two parties. In general, the classification is divided into two aqad/agreements, namely aqad tabarru’ and aqad tijarah.
This research is entitled a comparative study of the principles of sharia insurance according to Islamic law and Law No. 40 of 2014 concerning insurance. In its operations, in addition to complying with the legal terms of the agreement, insurance must also comply with the principles of insurance law. The purpose of these principles is to provide a framework within which all parties to a transaction will receive fair and proper treatment. This study aims to discuss the principles of insurance law in Islam and the principles of insurance in Law No. 40 of 2014 concerning insurance by conducting a comparative study which is expected to find similarities and differences. The research method used by the author is using descriptive analysis and comparative research, the data collection technique used is library research. The results of this study there are six principles of sharia insurance in Islamic law, namely; the Principle of Insurable Interest, the Principle of Utmost Good Faith, the Principle of Indemnity, the Principle of Subrogation, the Principle of Proximate Cause, and the Principle of Contribution. While the principles of sharia insurance contained in Law No. 40 of 2014 is the application of sharia principles in accordance with the DSN MUI fatwa, then regarding legal relations in insurance agreements that take provisions from KHES, and legal consequences in insurance which in case of disputes are resolved through mediation.
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