URGENSI MOU DAN TANDA TANGAN DALAM HUKUM KONTRAK BISNIS SYARIAH

Abstract

In contemporary sharia business practices, the use of a Memorandum of Understanding (MoU) and signatures holds significant urgency in ensuring clarity, legal certainty, and fairness in contract execution. Although MoUs are often considered non-binding documents, under certain conditions they may carry legal force if they fulfill the essential elements of a valid agreement, based on the principles of freedom of contract and pacta sunt servanda. On the other hand, signatures including digital signatures serve as authentic evidence of mutual agreement and a manifestation of consensus between parties. In the context of positive law, an MoU may be regarded as a binding contract if it meets the requirements outlined in Article 1320 of the Indonesian Civil Code. From the Islamic legal perspective, while ijab and qabul are the core of a contract (akad), a signature may be recognized as a modern method of expressing consent. This study emphasizes the importance of understanding the legal position and function of MoU and signatures to uphold the principles of transparency, fairness, and mutual consent in sharia business contracts.