Kajian Komparatif Ayat Al-Baqarah 282 dengan Hukum Perjanjian di Barat

The intricate tapestry of human interaction is woven with threads of agreements and promises. From the simplest handshake to the most complex legal contracts, the concept of a binding agreement forms the bedrock of our societies. While the Western world has developed a sophisticated legal framework for contracts, the Islamic tradition, rooted in divine revelation, offers a unique perspective on this fundamental aspect of human affairs. This essay delves into a comparative analysis of the Quranic verse Al-Baqarah 282, a cornerstone of Islamic contract law, with the principles of contract law in the West, highlighting both similarities and divergences.

The Essence of Al-Baqarah 282: A Divine Blueprint for Contracts

Verse 282 of Surah Al-Baqarah, often referred to as the "debt verse," stands as a testament to the importance of written contracts in Islamic jurisprudence. It emphasizes the necessity of recording agreements, particularly those involving financial transactions, to ensure clarity, accountability, and justice. The verse explicitly states, "O you who believe! When you contract a debt for a fixed term, write it down." This injunction underscores the significance of documentation in safeguarding the rights of both parties involved. The verse further emphasizes the importance of witnesses, stating, "Let two trustworthy men among you be witnesses." This provision ensures fairness and transparency, preventing disputes and upholding the integrity of the agreement.

Western Contract Law: A Framework of Legal Principles

Western contract law, rooted in Roman and English legal traditions, has evolved over centuries to establish a comprehensive framework for governing agreements. The core principles of Western contract law include offer, acceptance, consideration, and intention to create legal relations. An offer, a clear proposal to enter into an agreement, must be accepted by the other party to form a binding contract. Consideration, the exchange of something of value between the parties, is essential for a contract to be legally enforceable. The parties must also demonstrate a genuine intention to create legal relations, signifying their commitment to the agreement.

Similarities: The Common Ground of Agreement

Despite their distinct origins and development, both Islamic and Western contract law share fundamental principles that underscore the importance of mutual consent, clarity, and fairness. Both systems recognize the need for a clear offer and acceptance, signifying the parties' agreement to the terms of the contract. The concept of consideration in Western law finds a parallel in the Islamic principle of "barter," where both parties must exchange something of value. Both systems also emphasize the importance of witnesses, although the specific requirements may differ.

Divergences: Where the Paths Diverge

While there are significant overlaps, certain key differences distinguish Islamic contract law from its Western counterpart. One notable divergence lies in the concept of "riba," or interest, which is strictly prohibited in Islam. Western contract law, on the other hand, allows for the charging of interest, a practice considered usurious in Islamic jurisprudence. Another key difference lies in the role of Islamic law in regulating the content of contracts. Islamic law prohibits contracts that are considered immoral or against the principles of justice, such as contracts involving gambling or the sale of intoxicants. Western contract law, while recognizing certain public policy limitations, generally allows for greater freedom in contract formation.

Conclusion: A Tapestry of Shared Values and Distinct Perspectives

The comparative analysis of Al-Baqarah 282 and Western contract law reveals a fascinating interplay of shared values and distinct perspectives. Both systems recognize the fundamental importance of agreements in human affairs, emphasizing the need for clarity, fairness, and accountability. However, the Islamic perspective, rooted in divine revelation, introduces unique principles that shape the content and application of contract law. This comparative study underscores the richness and complexity of legal systems across different cultures, highlighting the enduring relevance of both Islamic and Western legal traditions in shaping the fabric of human society.