A Review of Islamic Law on Overmacth Settlement (Case Study of Ijarah Practice on Car Rental Campus)

Abstract

The purpose of this study was to determine the settlement of the overmacht cases on car rental practices and to analyze them of Islamic legal views. This study uses a type of field research with qualitative descriptive methods to find field data in words and pictures. This research was conducted by conducting interviews with two customers as the tenant and one person as the owner of the rental car. The purpose of this interviews is to obtain detailed information and a direct description of the ijarah object. The findings of this study indicate that the settlement of overmacht cases that occur in the practice of ijarah car rental is very contrary to Islamic law because there are many differences are found in the settlements applied by the car rental owner. The results showed that the implementation of the car rental ijarah contract on Campus Car Rental has weaknesses in the form of unclear warranties related to overmacht. According to Islam, this research also shows that in the context of an overmacht (accidental accident), it is a risk that must be borne by the car rental owner. The renter is not responsible for this if the renter is proven not to cause damage but in a compelling situation. This study suggests car rental parties to provide clarity of evidence of accidental injury and to cooperate with insurance companies to minimize losses.