STUDI KOMPARATIF AKAD WAKALAH DAN AKAD KAFALAH DALAM TRANSAKSI MUAMALAH

Abstract

This research aims to comparatively analyze wakalah contracts and kafalah contracts in muamalah transactions, which are two important forms of contracts in the sharia economic system. A wakalah contract involves the delegation of power from one party to another party to act on behalf of the person giving the power, while a kafalah contract functions as a guarantee where one party guarantees the other party's responsibilities. These two contracts are often used in various sharia financial and business transactions, but have different legal characteristics, functions and implications. Using the literature study method, this research identifies the fundamental similarities and differences between wakalah and kafalah contracts from an Islamic legal perspective and examines the application of both in contemporary transactions. The research results show that although both contracts have a strong sharia foundation and aim to facilitate fair and transparent transactions, the wakalah contract places more emphasis on representation of power of attorney, while the kafalah contract focuses on guaranteeing obligations. The practical implications of this difference can be seen in the legal responsibilities that arise in muamalah transactions, where failure in wakalah does not transfer full responsibility to the representative, whereas in kafalah, the guarantor assumes responsibility if the guaranteed party fails to fulfill its obligations.