Application Of Legal Maxims In Contract Law: Pacta Sunt Servanda And Islamic Rules On Promises

Abstract

In the practice of contract law, the fulfillment of promises and compliance with agreements are fundamental aspects to ensure justice and legal certainty. The principle of pacta sunt servanda which emphasizes the obligation to honor agreements has relevance to Islamic rules which also require the fulfillment of promises. This research adopts a normative legal method with a comparative juridical approach. Primary sources include laws, regulations, court decisions, and legal documents, while secondary sources comprise books, journals, and articles discussing pacta sunt servanda, Islamic promise rules, and contract law. Data is collected through literature and document analysis, then examined qualitatively using inductive and comparative methods to assess similarities and differences between the two legal principles. Findings reveal that both systems stress the importance of honoring contractual commitments. However, they differ in certain applications—particularly in addressing exceptions like force majeure and Islamic considerations of public benefit (maslahah). The study concludes that pacta sunt servanda and Islamic promise rules can complement one another in legal systems with pluralistic frameworks. Their combined application enhances trust, fairness, and stability in contractual relations. This research recommends reinforcing legal frameworks that uphold contract compliance while considering substantive justice and specific contextual exceptions.