Limitation of Application of Sharia Principles in Sharia Economic Dispute Resolution in Religious Courts

Rosidah, Zaidah Nur

doi:10.20961/jmail.v1i1.44749

Cited by 5 publications

(5 citation statements)

References 11 publications

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“…According to Apriani & Suriaatmadja (2020) in their research which alludes to the issue of business competition law in Indonesia, they must include sharia values to achieve business competition law that reflects divine values, which at the same time is a reflection of the values of the Pancasila economic system. Likewise, in resolving economic disputes, according to Rosidah (2020) to be by the values of Pancasila, first, the application of sharia principles in the settlement of sharia economic disputes is in line with the first and third principles of Pancasila. Second, the institutionalization of sharia principles becomes effective if there are prerequisites that must be met, namely (1) sufficient information for judges to understand sharia principles, (2) obstacles that come from judges themselves who are still oriented to the flow of legalism/positivism will have an impact on granting legal basis, and (3) the speed of institutionalization of sharia principles can be carried out through education and training organized by the Supreme Court for judges of the Religious Courts.…”

Section: Implementation Of Sharia Economics As Part Of the Pancasila ...mentioning

confidence: 99%

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The Value System of Pancasila and Islam and Their Implementation in Sharia Economics in Indonesia: A Conceptual-Qualitative Approach

Djubaedi¹,

Wang²

2022

hikmatuna

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This article makes an attempt to explain how Pancasila and Islam contribute to each other in the life of the state and strengthen the unitary state of the Republic of Indonesia (NKRI). Undoubtedly, the vast majority of the country's Muslims played a significant role in freeing the land from the colonial rule of other countries, laying the groundwork for the nation's future autonomy by forming the ideology and foundation of the state on the principles of Pancasila, and achieving these goals. The adoption of a law that governs sharia financial institutions and sharia non-banking institutions is compelling evidence that Islam and its teachings have made significant contributions to the improvement of the state of the Indonesian economy. At the same time, the Pancasila economic system is strengthened by the adoption of this law.

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Section: Implementation Of Sharia Economics As Part Of the Pancasila ...mentioning

confidence: 99%

“…This article uses a conceptual-qualitative approach (Rosidah, 2020), and a descriptive analysis method through a literature review (Adha, 2020) which is referred to from reputable journals both nationally and internationally, especially those indexed by Sinta and Scopus.…”

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confidence: 99%

The Value System of Pancasila and Islam and Their Implementation in Sharia Economics in Indonesia: A Conceptual-Qualitative Approach

Djubaedi¹,

Wang²

2022

hikmatuna

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“…32 The latter is an opinion that is often used by Islamic jurists to resolve cases that arise in people's lives, including in the field of sharia economics. 33 Islamic jurists among the Hanafites, Maliki, Syafiites and Hanbali schools agree that all what becomes a ḥakam (arbitration) decision is directly binding on the parties to the dispute, without first seeking approval from both parties. Their reasons for this are based on the hadith of the Prophet, which states that if they have agreed to appoint a ḥakam to settle a dispute, they do not comply with the ḥakam's decision, so those who do not comply will receive punishment from God.…”

Section: E Transformation Of Iṣlāḥ and Taḥkīm To Mediationmentioning

confidence: 99%

The Concept of Ṣulḥ and Mediation in Marriage Conflict Resolution in Religious Courts: A Comparative Study between Contemporary Indonesian Family Law and Classical Islamic Law

Maula¹

2023

elaqwal

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Mediation as a dispute resolution process outside the courtroom has been used by the Religious Courts. Its juridical basis is based on Indonesian Supreme Court Regulations Number 2 of 2003 and Number 1 of 2008 concerning Mediation Procedures in Courts. Meanwhile, in the classical Islamic legal tradition, marital conflicts are resolved by a third party outside the courtroom which is referred to as ṣulḥ, namely efforts to reconcile through a process of taḥkīm or arbitration. Based on this, this study answers the question whether the Religious Courts in Indonesia fully use the concept of ṣulḥ as a process of resolving marital conflicts as depicted in the classical Islamic legal tradition. This study concludes that the Religious Courts in Indonesia do not fully use the concept of ṣulḥ as a process of resolving marital conflicts as depicted in the classical Islamic legal tradition. This is because the concept of ṣulḥ in Islamic law uses the taḥkīm (ḥakam) mechanism. The concept of ḥakam originating from the classical Islamic legal tradition and mediation originating from the contemporary national legal tradition actually both have substantial differences in terms of concept and implementation in the Religious Courts. The difference in concept is due to differences in sources, authorities, and procedures. However, there are similarities between the two, which lie in the involvement of someone who plays a role in resolving disputes and conflicts in court.

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“…The rapid development of sharia business activities and the development of Islamic financial institutions have given rise to potential disputes between the parties (Kasim, 2021;Rosidah, 2020;Khasanah et al, 2021). In Indonesia, the passage of the Law of the Republic of Indonesia No.3/2006 concerning religious courts is a response to one form of the Indonesian government in response to the increasing cases of sharia economic disputes to date (Al Hasan, 2019).…”

Section: Dynamics Of Religious Court Authority In Resolving Sharia Ec...mentioning

confidence: 99%

Public Trust in the Religious Court to Handle Dispute of Sharia Economy

Hariyanto

2022

AHKAM:Jurnal Ilmu Syariah

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Religious court is not empowered to seek justice in settling sharia economic disputes. Practitioners of sharia economy lack the enthusiasm to demonstrate the importance of a religious court in solving sharia economic disputes. At the same time, Muslims have often utilized a religious court to solve problems in family law such as divorce, inheritance disputes, applications for child custody, probate, and grants. This trend indicates a lack of public trust in the religious court. This study analyzes how public trust is the main obstacle to improving religious court services to resolve sharia economic disputes. The research is based on sharia economic cases that have been decided in the last fifteen years and interviews with some judges, advocates, and practitioners of sharia economy. The research findings showed that there are three key points on which public trust in religious courts remains low: (1) The historical development of religious courts and the incompleteness of laws and regulations to support the judicial process in resolving sharia economic disputes, (2) The business demand to deal with disputes effectively and efficiently as well as the factor of the lack of the supporting facilities and infrastructures; and (3) lack of legal literacy among Islamic economic practitioners to resolve disputes. Public trusts are crucial for Muslims to raise awareness and belief in the religious court. This macroscopic study requires microscopic analysis to see the anatomy of public perception of religious courts in solving sharia economic disputes. Abstrak Peradilan Agama kurang dimanfaatkan untuk pencarian keadilan dalam sengketa ekonomi syariah. Mereka hanya memanfaatkan Peradilan Agama untuk memecahkan masalah dalam hukum keluarga seperti perceraian, sengketa kewarisan, permohonan hak asuh anak, wasiat dan hibah. Kecenderungan ini menjadi tanda dari rendahnya kepercayaan publik terhadap Peradilan Agama. Tulisan ini menganalisis bagaimana kepercayaan publik kepada Peradilan Agama menjadi kendala utama dalam pemanfaatan pelayanan untuk menyelesaikan sengketa ekonomi syariah. Fokus penelitian ini pada data perkara ekonomi syariah yang diputuskan pada lima belas tahun terakhir dan wawancara dengan sejumlah hakim, pengaraca, dan pelaku ekonomi syariah. Hasil penelitian menunjukkan bahwa tiga prasyarat yang menjadi dasar lemahnya kepercayaan publik terhadap Peradilan Agama: (1) sejarah perjalanan Peradilan Agama dan aturan perundang-undangan yang tidak lengkap untuk mendukung proses peradilan penyelesaian sengketa ekonomi syariah; (2) tuntutan budaya bisnis dalam penyelesaian sengketa yang cepat efektif dan efisien serta kurangnya sarana dan prasana pendukungnya serta; (3) literasi hukum yang rendah di kalangan pelaku ekonomi syariah untuk menyelesaikan sengketa syariah di Peradilan Agama. Kepercayaan publik menjadi sangat krusial bagi umat Islam dalam meningkatkan kesadaran dan kepercayaan pada lembaga Peradilan Agama. Tulisan ini bersifat umum sehingga dibutuhkan suatu kajian yang bersifat khusus untuk dapat melihat anatomi persepsi publik terhadap Peradilan Agama dalam penyelesaian sengketa ekonomi syariah.

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Limitation of Application of Sharia Principles in Sharia Economic Dispute Resolution in Religious Courts

Cited by 5 publications

References 11 publications

The Value System of Pancasila and Islam and Their Implementation in Sharia Economics in Indonesia: A Conceptual-Qualitative Approach

The Value System of Pancasila and Islam and Their Implementation in Sharia Economics in Indonesia: A Conceptual-Qualitative Approach

The Concept of Ṣulḥ and Mediation in Marriage Conflict Resolution in Religious Courts: A Comparative Study between Contemporary Indonesian Family Law and Classical Islamic Law

Public Trust in the Religious Court to Handle Dispute of Sharia Economy

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