Analisis Pandangan Ulama’ Fiqh Mengenai Kesan Kematian (Al-Maut) Terhadap Akad Jual Beli

An Anaysis of Islamic Jurisprudence Scholar’ Opinions on the Effect of Death on Sale and Purchase Contract

Abstract

To make a contract in Islamic law, there must be an agreement between two parties who possess legal capacities, and it must be based on a free consent. An offer and acceptance is one of the elements of the contract, and both parties must have the intention to create a legally binding relationship. However, the questions arise in a case where one party who had formed a valid contract dies before delivering the subject to the contracting parties. There are questions of whether the contract becomes invalid, and the subject of contract must be returned to the beneficiaries or the contract is considered as valid and the subject must be delivered to the contracting party? Is the seller or buyer is considered as having more rights? This writing adopts content analysis technique which provides insight on Islamic jurisprudence scholars views on this issue. This study finds that buyer has more right to acquire the bought subject as compared to the beneficiaries of the seller who had passed away, and the death of the buyer does not invalidate the contract in the case where the amount of money has not been paid and the delivery is yet to be completed.