Defective Consent in Sharia Economic Contracts: Legal Foundations, Doctrinal Analysis, and Practical Implications

Abstract

Sharia economic contracts are fundamentally built on the principles of mutual consent (an-taradhin), justice, balance, transparency, and good faith. However, in practice, contract formation can face issues such as defective will, ambiguity, or invalidity of the object or substance of the contract, which have different characteristics and legal consequences. This study aims to analyze the legal basis, form, and consequences of defective will in Sharia economic contracts based on Islamic law and Indonesian positive law, and to examine its threat to contemporary economic contract practices, including digital transactions. This study uses normative legal research methods with regulatory, conceptual, and analytical approaches. The legal material discussed includes provisions of the Indonesian Criminal Code (KUHP) on the requirements for a valid contract and defective will, fatwas from the National Sharia Council (DSN-MUI) regarding Sharia economic contracts, jurisprudence, and Islamic legal and contract law literature. The results indicate that defects in wills, such as coercion (ikrah), mistake (ghalath), fraud (tadlis), and involvement in certain circumstances, are associated with disruptions to the parties' freedom and awareness in giving consent. Meanwhile, jahalah and gharar cannot be automatically equated with defects in wills because both relate to ambiguity or lack of authorship in objects or transactions, while substantive invalidity relates to elements of the contract that contradict legal provisions or Sharia principles. This distinction results in diverse legal consequences, including the contract being voidable, fasid, bāṭil, or mauquf, depending on the type and severity of the violation. In digital contract practice, issues of information transparency, standard clauses, unequal bargaining power, and electronic agreement mechanisms can increase the risk of disruption to the parties' agreements. Therefore, adherence to transparency, legal protection, good faith, the principle of prudence, and legal certainty are necessary to maintain fairness in contracts while supporting public trust and economic independence as part of strengthening economic integrity.