Research Article
The Mapping of Sharia Economic Dispute Decisions in Religious Courts
@INPROCEEDINGS{10.4108/eai.18-11-2020.2311813, author={Ridwan Ridwan and Muhammad Fuad Zain and Bani Syarif Maula}, title={The Mapping of Sharia Economic Dispute Decisions in Religious Courts}, proceedings={Proceedings of the 2nd Borobudur International Symposium on Humanities and Social Sciences, BIS-HSS 2020, 18 November 2020, Magelang, Central Java, Indonesia}, publisher={EAI}, proceedings_a={BIS-HSS}, year={2021}, month={9}, keywords={religious courts dispute islamic economics interpretation restrictive}, doi={10.4108/eai.18-11-2020.2311813} }- Ridwan Ridwan
Muhammad Fuad Zain
Bani Syarif Maula
Year: 2021
The Mapping of Sharia Economic Dispute Decisions in Religious Courts
BIS-HSS
EAI
DOI: 10.4108/eai.18-11-2020.2311813
Abstract
This article analyzes Law No. 3 of 2006, which has extended competence to the Religious Courts in the resolution of Sharia economic disputes. The research data came from the results of the judge’s interview on the court’s decision regarding the validity and competence of the judge. The author finds that in judicial legal considerations in case No. 2074/Pdt.G/2017/PA.Pwt gave rise to the theory that the restructuring of murabaha contracts should not be carried out on debtors who are unable to pay installments by the agreement and auction off collateral items that are correct and not deeds against the law. While case No. 2449/Pdt.G/2018/PA.Pwt in the musharaka contract reject the potential loss by referring to Fatwa DSN No. 43/DSN-MUI/VIII/2014, which states that the amount of compensation in the participation contract is the value of the real loss that must be experienced in a transaction. Legal discovery using the material and formal legal basis with the method of interpretation of the legislation and restrictive method by limiting or narrowing the interpretation of the legislation in the framework of prudence so as not to make a mistake in making a decision.
