The Relevance Of The Principle Of Balance (Al-Musawah) In Sharia Economic Contract Law To Consumer Protection

Abstract

This study aims to analyze the relevance of the principle of equality (al-musawah) in Islamic contract law to consumer protection in the contemporary era. The often-unequal bargaining position between business actors and consumers, particularly in the application of standard clauses in modern contracts, provides an important background for this study. This research employs a qualitative method based on library research, using a juridical-normative approach and a Sharia approach. Secondary data sources were obtained from the literature on fiqh muamalah, the Compilation of Sharia Economic Law (Kompilasi Hukum Ekonomi Syariah/KHES), Fatwas of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI), and the Consumer Protection Law. The collected data were analyzed descriptively and analytically using both deductive and inductive methods. The results of the study indicate that the principle of al-musawah in Islamic contract law is not merely a matter of formal equality, but also constitutes a moral and juridical obligation to establish contractual justice and prevent elements of injustice (dhulm) and deception or excessive uncertainty (gharar). The relevance of this principle to consumer protection is manifested through the substantive fulfillment of the principle of mutual consent (an-taradin), whereby consumers have the right to transparent information and the freedom to make choices without coercion or undue pressure. Therefore, the consistent application of the principle of al-musawah in every Sharia economic contract can serve as a strong legal instrument for protecting consumer rights while simultaneously creating a fair and just transactional environment.