APPLICATION OF THE PROPERTIES OF NAQLI AND AQLI IN POSITIVE LAW WITH RESPECT TO ISLAMIC CONTRACT LAW

Abstract

The concept of transacting in Islamic Economics is referred to as akad. Akad is an alliance established by ijab and qabul based on the provisions of syara 'that affect its object. All alliances or transactions entered into by the parties, two or more parties must not deviate and in accordance with the requirements of the Shari'ah. There can be no agreement to deceive others, there can be no transactions that contain elements of maisir, gharar, riba and bathil. As well as not being able to transact with goods or property that are forbidden, maal ghairu mutaqawwim. In dealing in Islamic economics, there are Naqli and Aqli propositions. Dalil naqli can be interpreted as a sign of evidence or clue from the text of the verses of the Qur'an, the evidence is the truth is absolute or essential. This study uses normative juridical research methods with secondary data. The results of the research conclude that Aqli's proposition is a proposition that can be reasoned by the mind. These two propositions are the birth of the principles or principles of Islamic economics that must not deviate from the Qur'an and Hadith. That is what will give birth to the foundations of competence in Islamic economics. This study will discuss how the function of Naqli and Aqli propositions in Islamic Economic Law, and how the application of Naqli and Aqli propositions in Positive Law with respect to Islamic Covenant Law.