Summary: | This study is about a comparison between credit agreement in a conventional
bank and financing agreement (akad) in a syaria bank. The purpose of the study is to
find out similarities and differences on ways both agreements are held, requirements
for valid agreements, and termination of both agreements.
The study used a juridical normative method. Data were collected by using a
literature study. A descriptive qualitative technique was used to describe and analyze
the data collected in a systematic, factual, and accurate manner.
Result of the study indicates that generally the credit agreement and financing
agreement were similar in the ways both agreements are held, requirements for valid
agreements, and termination of the agreements. Similarities between Civil Code
(KUH Perdata) and Islamic Law were found on the requirements of skill (tamyiz),
agreement statement (ijab and qabul), object s of agreement, clause of being legally
permitted (not contradictory with sharia) . Meanwhile, differences found were that in
Civil Code the being legally permitted refers to �not contradictory with the prevailing
acts�, while in Islamic Law it refers to �not contradictory with sharia principles due to
both worldly and hereafter consequencies�. Finally, simmilarity was also found in
termination of the agreements between Civil Code and Islamic Law.
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