Penerapan Kaidah Al-Ibratu Fi Al-‘Uqudi Lilmaqashidi Wal Ma’ani La Lil Al-Fazhi Wal Mabani Pada Bisnis Syariah

Abstract

The principles of jurisprudence are general principles that can be used in the study of jurisprudence. The existence of these principles facilitates jurists and the general public in understanding jurisprudence and the laws concerning something in general. This research employs a qualitative research approach using a literature review. The study examines the application of the principle of "al-ibratu fi al-‘uqudi lilmaqashidi wal ma’ani la lil al-fazhi wal mabani" in Shariah-compliant businesses. Data sources for the research were obtained from various literature, including books, classical texts, and journals related to the research topic. The results of this study indicate that the essence of a contract lies in its intended meaning, not in the wording or phrasing of the contract. In transactions, the focus should not be on the wording itself, but rather on the underlying meaning. There are several possibilities for the expression of wording, including 1) Wording may be uttered by someone without the intention to express it, 2) Wording may be spoken to say it but not with its true meaning due to a lack of understanding, 3) Wording may be consciously expressed and its meaning known openly, but denied inwardly, and 4) Wording may be spoken to utter it, knowing its meaning, and indicating what is meant.