PENERAPAN HUKUM KONTRAK PADA USAHA ASURANSI SYARI’AH MENURUT FIQIH MU’AMALAH (STUDI DI PT ASURANSI TAKÂFUL KELUARGA CABANG MALANG)

Abstract

Email : subekticholiq@yahoo.co.id

ABSTRACT

This study aimed to describe and analyze the related problem of the application of contract law and legal agreements at the insurance business according to Shariah jurisprudence. Study focus is the discussion about the three things; the mechanism of making the contract (agreement) between Shariah insurance companies and customers, the factors that cause the disappearance of a commitment, as well as the legal consequences, and how to resolve the dispute if either party between the company and the customer do breach of contract. Study sites were chosen is PT Sarekat Takaful Indonesia Malang Branch. The results of this study revealed a number of contract-making mechanisms (contract) between the PT Sarekat Takaful Indonesia with prospective customers, existence of the things that become a factor cancellation of the agreement, and in case of disputes between the customer and the company, the settlement can be reached two ways; non-litigation and litigation

Kata-kata Kunci :

Hukum Perikatan, Asuransi Syari’ah, Takâful, Fiqih Mua’amalah