LARANGAN PRAKTEK MONOPOLI BARANG DALAM PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM

Abstract

This research focuses on a comparative study of the principles of business competition in positive law and Islamic law. This is starting from the phenomenon
of business competition which increasingly leads to global business competition, thereby reducing the meaning of business competition in the domestic area. In this study it is known that the trend of global competition is directed towards a liberal economic system that wants a free market. In a positive law study, this competition leads to free competition which leaves the market mechanism on the market itself with the government's role as a supervisor if there is a violation of fair competition. Whereas in the study of Islamic law, the discourse on the market supervisory board (hisbah) becomes an important part in the structure and mechanism of the market so that fair competition is realized and the consumer society is not burdened by unhealthy practices. Thus, the principles of positive law and Islamic law have similarities in market mechanisms, but differ in looking at the role of market structure.