Legal Protection in Fiqh Muamalah Perspectives and Civil Law Franchise Agreement (Studies on Franchise Martabak Hawaii Tulungagung)

Hanni‘ Sunnatul Khusna / HSK, - and Imam Mahmudi / IM, - and Kukuh Budianto / KB, - and Anindita Badianti / AB, - and Ahmad Muhtadi Anshor / AMA, - and Iffatin Nur / IN, 197301111999032001 (2019) Legal Protection in Fiqh Muamalah Perspectives and Civil Law Franchise Agreement (Studies on Franchise Martabak Hawaii Tulungagung). Proceeding of International Conference on Interdisciplinary Islamic Studies, Social Science and Humanities (ICIIS-SSH), 1 (1). pp. 260-266. ISSN ISBN: 978-602-5618-68-0, pp. 260-266

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Abstract

The franchise essence is a business agreement involving two parties between the franchisor and the franchisee or in Islam known as syirkah. The business will result in a profit sharing between the two parties. This business practice cannot be separated from the rules issued by the religion which has been described by the mujtahid in overcoming the problems in the era of globalization. On the other side of the State of Indonesia is not an Islamic State, therefore the role of government authorities to curb the practice of this franchise is very important. To curb the rule of the State and the religious rule of the majority of Islam, therefore it needs to be examined from the standpoint of muamalah and civil. The method used in this research is research method with qualitative approach with field research type. The nature of this research is descriptive analytical. Legal protection and agreements executed by franchise parties in the Martabak Hawaiian franchise Tulungagung are in conformity with Fiqh Muamalah and Civil Law.

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