Journal articles on the topic 'Dispute resolution (Law) (Islamic law)'
To see the other types of publications on this topic, follow the link: Dispute resolution (Law) (Islamic law).
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Dispute resolution (Law) (Islamic law).'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Rasyid, Abdul. "Relevance of Islamic Dispute Resolution Processes in Islamic Banking and Finance." Arab Law Quarterly 27, no. 4 (2013): 343–69. http://dx.doi.org/10.1163/15730255-12341267.
Full textAbstract:
Abstract In the Islamic legal system, the ways in which disputes are resolved generally fall under two categories. The first category is through litigation, namely in Islamic courts (al-qaḍāʾ or adjudication), and the second is through amicable means such as negotiation, conciliation and compromise (naṣīḥah or sincere advice), mediation (ṣulḥ), arbitration (taḥkīm), mediation along with arbitration (ṣulḥ and taḥkīm), an ombudsman (muḥtasib), expert determination (Mufti’s fatwā, pl. fatāwā), etc. These mechanisms are called alternative dispute resolution (ADR) that refers to a range of dispute resolution processes which are alternative to traditional litigation. Over time, the term ADR is now coming to mean ‘appropriate dispute resolution’ or the most appropriate resolution process in the given circumstances. One of the principal goals of ADR is to provide parties with choices for the effective and efficient resolution of disputes. The above-mentioned dispute resolution processes have different characteristics. This article will discuss only the relevant mechanisms with a view to examine how far they may be suitable to resolve Islamic banking and finance disputes effectively, cheaply and quickly.
2
Rusni Hassan, Ibtisam @ Ilyana Ilias, and Tuan Nur Hanis Tuan Ibrahim. "ISLAMIC BANKING DISPUTE RESOLUTION: THE EXPERIENCE OF MALAYSIA AND INDONESIA." IIUM Law Journal 30, S2 (November 12, 2022): 317–58. http://dx.doi.org/10.31436/iiumlj.v30is2.771.
Full textAbstract:
The dispute resolution mechanism in a country involving Islamic banking depends on its applicable law. A workable mechanism guarantees a harmonious settlement and ensures justice is upheld in conjunction with the spirit of Islamic law. This study aims to analyse various mechanisms to resolve Islamic banking disputes in Malaysia and Indonesia by referring to the latest legal and judicial developments in both jurisdictions. It adopts doctrinal and comparative legal research methodology whereby the relevant primary and secondary sources of law were meticulously appraised. Findings of this study reveal that both countries have their own unique way of dealing with Islamic banking and finance cases. In Malaysia, the jurisdiction is vested in civil courts with mandatory reference to the SAC in deciding Shari’ah issues. Regarding Indonesia, Article 55 (1) of Law No. 21 (2008) provides that a Religious Court shall have jurisdiction to hear matters involving Islamic banking disputes, unless there is an agreement stating that the dispute resolution should be done in another manner, provided the chosen manner does not contradict with Shari’ah principles. There is also an option to refer to the Dewan Shari’ah Nasional Majlis Ulama Indonesia for expert opinions. Both jurisdictions also acknowledge alternative dispute resolution as a mechanism for dispute settlement. This study emphasises the need to enhance the knowledge and in-depth understanding of judges in the relevant field of law; Shari’ah law for civil court judges and civil law for religious court judges, to facilitate the dispute resolution process.
3
Hudiata, Edi. "REKONSTRUKSI HUKUM PENYELESAIAN SENGKETA PASAR MODAL SYARIAH: PENGUATAN ASPEK REGULASI UNTUK MEMBERIKAN KEPASTIAN HUKUM." Jurnal Hukum dan Peradilan 6, no. 2 (July 31, 2017): 297. http://dx.doi.org/10.25216/jhp.6.2.2017.297-316.
Full textAbstract:
The regulation of the Islamic capital market following the rules contained in Law 8/1995 on Capital Market, DSN MUI Fatwa No. 40 / IX / 2003, Bapepam-LK Number IX.A.13, No. IX.A.14, and No. II. K.1 From that rules, nothing has clearly set the Islamic capital market dispute resolution, both litigation and non-litigation resulting in a legal vacuum (leemten in het recht). Islamic economic dispute settlement provisions, including the dispute over the Islamic capital market, is only found in Law 3/2006. Through quantitative research methods, the study sought to harmonize the empty rules at the same time filling thus legal vacuum. The research concluded that the settlement litigation of disputes in Islamic capital markets settled in the Religious Court, while in non-litigation resolved through BASYARNAS (National Sharia Arbitration Board) and / or as other civil disputes can also be resolved through Alternative Dispute Resolution in accordance with Law 30/1999.Keywords: legal vacuum, the Islamic capital market.
4
Powell, Emilia Justyna. "Islamic Law States and Peaceful Resolution of Territorial Disputes." International Organization 69, no. 4 (2015): 777–807. http://dx.doi.org/10.1017/s0020818315000156.
Full textAbstract:
AbstractThis article argues that specific characteristics of the domestic legal institutions of Islamic law states shape these states' choices of peaceful resolution methods in territorial disputes. After providing original data on the characteristics of Islamic legal structures, I systematically compare pertinent rules of international dispute resolution methods and Islamic law. I demonstrate empirically that not all Islamic law states view international settlement venues in the same way. Secular legal features, such as constitutional mentions of education, supreme court, or peaceful settlement of disputes have the power to attract these states to the most formal international venues—arbitration and adjudication. On the other hand, Islamic law states whose legal system is infused with Islamic religious precepts are attracted to less-formalized venues.
5
Nadar, Aisha. "Islamic Finance and Dispute Resolution: Part 1." Arab Law Quarterly 23, no. 1 (2009): 1–29. http://dx.doi.org/10.1163/157302509x395623.
Full textAbstract:
AbstractThe Islamic Financial Industry is an industry that organises financial services in accordance with Islamic Law, in the same way as the traditional financial industry is organised in accordance with secular law. The unique challenges facing the industry in terms of compliance with Islamic law have been internationally recognised in relation to capital adequacy, risk management, corporate governance, transparency and disclosure. The same, however, has not been true in the area of dispute resolution. The purpose of this paper is to identify the unique challenges facing Islamic finance in compliance with Islamic law in the ambit of English courts, evaluate the features of international commercial arbitration as they relate to overcoming these challenges, and provide some suggestions for going forward. The paper is structured as follows: Section 1 will be used to introduce Islamic finance and frame the issues facing the industry in relation to dispute resolution. Section 2 will focus on providing the background required, while Section 3 frames Islamic finance in relation to conventional finance. Section 4 will provide an insight into Islamic law.
6
Rohman, Adi Nur. "SHIFTING THE ROLE OF MEDIATION IN ISLAMIC INHERITANCE DISPUTES: AN OVERVIEW OF ISLAMIC LEGAL PHILOSOPHY." Diponegoro Law Review 7, no. 2 (October 27, 2022): 230–44. http://dx.doi.org/10.14710/dilrev.7.2.2022.230-244.
Full textAbstract:
This article aims to see the other side of mediation as an alternative settlement of inheritance disputes. The general view of the community is that mediation is carried out after the occurrence of a dispute as a form of dispute resolution between the disputing parties. However, the perspective of Islamic legal philosophy sees the other side of the role of mediation in dealing with disputes, including inheritance disputes. The writing of this paper is done in an analytical descriptive manner that combines a normative juridical approach with a philosophical approach. The study results show that the settlement of inheritance disputes can be done in two ways; litigation and non-litigation. As one of the non-litigation channels and acting as a dispute resolution institution, mediation also prevents disputes. Mediation is positioned to avoid disputes arising at the philosophical level in inheritance cases. This argument can be seen from the statements in the Qur'an and hadith regarding inheritance law which indicate that the existence of inheritance law is intended as an effort to prevent disputes.
7
Ramadhan, M. Syafrie, Bagus Kusumo Hadi, Dino Gautman Raharjo, M. Fadhil Azzam Arfa, and Muhammad Alvin Saputra. "DISPUTE RESOLUTION OF MUDHARABAH CONTRACT FINANCING THROUGH BASYARNAS." Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah 8, no. 1 (June 20, 2024): 975–87. http://dx.doi.org/10.30651/justeko.v8i1.21285.
Full textAbstract:
Mudarabah financing disputes in Islamic banking are generally resolved using litigation or judicial channels. As stated in Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, there are also other channels in dispute resolution, namely arbitration and alternative dispute resolution such as; mediation. As contained in the financing contract in Islamic banking Law No. 21 of 2008 states that dispute resolution will be resolved through BASYARNAS if in the agreement clause a dispute occurs it will be determined through a Sharia arbitrator in this case BASYARNAS this is the authority for BASYARNAS. The settlement of mudharabah disputes in Islamic banking is said to be a default, not only judged by the losses obtained by the creditor (Bank) but can also come from the beginning of the loss. If the customer's negligence causes the default, then this can be the customer's responsibility as the owner of the capital, and he bears the loss. In principle, there is no compensation for mudharabah because it is Amanah. Still, if the loss comes from the negligence of the Islamic Bank, it will be borne by the Islamic Bank as long as the failure or loss is not caused by the owner of the capital (mudharib). if there is a dispute between the two parties to the mudharabah financing contract agreement, the settlement will be resolved through arbitration (BASYARNAS). This statement authorizes BASYARNAS to resolve disputes for the parties to the dispute according to the agreed agreement.
8
Dahlan, N. Khalidah. "Alternative Dispute Resolution for Islamic Finance in Malaysia." MATEC Web of Conferences 150 (2018): 05077. http://dx.doi.org/10.1051/matecconf/201815005077.
Full textAbstract:
The law lays down rules that govern private disputes, self-help actions or open-conflicts that may occur in the society. Here, courts, tribunals, arbitration and other dispute resolution forums are the main secular institutions in dispensing just resolutions in a society. As important as the court proceedings, Alternative Dispute Resolution (ADR) process is neutral, it is like a judge who served as the finder of fact and decision maker for the parties involved. By adapting the ADR methods in resolving the disputes relating to Islamic financial products, this method will able to fulfil with the demands on Islamic financial markets in Malaysia. As the highest law of the land places Islam, the religion associated with one of the main ethnicity, as the official religion of the nation and allowed the duality of economic system, in particular banking system, in which conventional banking system exists side-by-side with the Sharia-compliant, Islamic banking. This paper will reviewing the pertinent literature on the development of Islamic banking cases, the Alternative dispute resolution methods on Islamic banking and its contributions to Malaysian society regardless of ethnicity and religion. The discussion in this paper therefore will be directed towards highlighting the alternative dispute resolution methods on Islamic banking and its implication to enhance the application of Islamic banking laws to consumers regardless of ethnicity and religion, in order to maintaining fairness and justice in a multi-ethnic society.
9
Bustamin, Amirizal, Arini Azka Muthia, and Sonia Ivana Barus. "The Protection of Spiritual Rights in the Sharia Banking Dispute Settlement: Overview of the Sharia Banking Law in Indonesia." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 9, no. 3 (2022): 388–407. http://dx.doi.org/10.22304/pjih.v9n3.a5.
Full textAbstract:
The status of Islamic banking in dispute settlement is normatively a positive legal subject to Islamic law principles. The Financial Services Authority confirms that many conflicts involve Islamic banks and their customers. The problem of the legal and economic context of Islamic banking is more complex, considering the operational concept of Islamic banks is different from conventional banking. Islamic banking must operate based on sharia, including in dispute resolution issues. Spiritual rights are one of the interests of Islamic banking customers that require attention. This study investigates the protection of spiritual rights in the sharia banking dispute settlement based on the perspective of Indonesian sharia banking law. This study employed normative qualitative research methods on primary data, such as the sharia banking law, the consumer protection act, and the dispute resolution act. It found that Indonesia has laws to address sharia banking disputes based on Islamic principles. However, they have not been appropriately implemented. The authority of religious courts to settle disputes on sharia banking has not been effective in protecting spiritual rights because there are still processes of settlement on sharia banking through the general courts. It indicates that stakeholders’ understanding of spiritual rights is still limited.
10
Nadar, Aisha. "Islamic Finance and Dispute Resolution: Part 2." Arab Law Quarterly 23, no. 2 (2009): 181–93. http://dx.doi.org/10.1163/157302509x415701.
Full textAbstract:
AbstractThe Islamic Financial Industry is an industry that organises financial services in accordance with Islamic Law, in the same way as the traditional financial industry is organised in accordance with secular law. The unique challenges facing the industry in terms of compliance with Islamic law have been internationally recognised in relation to capital adequacy, risk management, corporate governance, transparency and disclosure. The same, however, has not been true in the area of dispute resolution. The purpose of this paper is to identify the unique challenges facing Islamic finance in compliance with Islamic law in the ambit of English courts, evaluate the features of international commercial arbitration as they relate to overcoming these challenges, and provide some suggestions for going forward. The paper is structured as follows. Section 1 will provide a discussion on governing law of contract and the limitations imposed by English courts on party autonomy. Section 2 discusses International commercial arbitration as an alternative dispute resolution forum. Section 3 presents some ideas for going forward, within the context of historical lessons. Finally the paper presents some conclusions in Section 4.
11
Arsyam, Arsyam, Siti Musyahidah, and Malkan Malkan. "Islamic Law Perspective on Settlement of Inheritance Disputes." INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY 3, no. 1 (June 20, 2021): 15–27. http://dx.doi.org/10.24239/ijcils.vol3.iss1.25.
Full textAbstract:
This study discusses the process of inheritance dispute resolution in the Religious Court of Palu City. This study is a literature review study. While the approach used in this study is a normative approach, which is based on the texts of the Qur'an, Al-Hadith and a juridical approach, which is based on the compilation of Islamic law and the Law of Religion Court authority. This research data analysis method uses an inductive pattern, which is an analysis that departs from concrete facts or events in the decisions of the Religious Courts even to the Supreme court then general conclusion was drawn. This research is descriptive-analytical in nature, namely research that seeks to describe the process of resolving inheritance disputes in the Palu city religious court . Then in the analysis, the researcher tried to find the Islamic law perspective on the settlement of inheritance disputes. The results showed that the process of inheritance dispute resolution is the same as other litigation processes through the stage of registration entered into the head of the court then the head of the court determines 3 judges in handling the case of inheritance dispute. The distribution of inheritance at the Palu Religious Court carried out through a consensus by going through several stages in the trial channel. In that stage, it included the Palu Religious Court, then appealed to the high court until the end of the case of inheritance reached the Supreme Court. This is done in order to maintain the mutual benefit of the family suing each other.
12
Nafees, Seeni Mohamed, and Zainal A. Ayub. "Resolution of Islamic Banking Disputes by Way of Arbitration in Sri Lanka." Arab Law Quarterly 30, no. 4 (October 20, 2016): 305–35. http://dx.doi.org/10.1163/15730255-12341329.
Full textAbstract:
Islamic banking is a new, rapidly growing business, which is competing with its counterpart in Sri Lanka. As in any other area of business, emergence of disputes arising among stakeholders of Islamic banking is quite natural. However, the ability to resolve such disputes without destroying the business relationship is quite important. Many disadvantages inherent in the process of litigation may prompt those involved to seek an alternative way of dispute resolution (adr), offering less formality, lower costs and protection of privacy. Hence, in this respect, adr could be proposed as an ideal mechanism. This article strives to examine the possibility to apply arbitration for Islamic banking dispute resolution in Sri Lanka. Sri Lanka’s Arbitration Act No. 11 of 1995 may play a significant role in this sense.
13
Adi Astiti, Ni Nyoman, Ghozali Rahman, and Siti Nur Ibtisamah. "The Position of Arbitration in Dispute Resolution of Islamic Financial Institutions." JURNAL AL-QARDH 6, no. 2 (December 31, 2021): 76–83. http://dx.doi.org/10.23971/jaq.v6i2.3461.
Full textAbstract:
Arbitration in Islamic law is known as the term tahkim which comes from Arabic. Arbitration in Islam has been recognized in the Al-Qur’an, Sunnah and Ijmak. In Indonesia, sharia arbitration focuses on the field of muamalah or sharia-based civil law. Sharia arbitration is very relevant in resolving sharia banking disputes. The practice of tahkim has been done by the companions of the Apostle. Thus, the problems that are resolved by arbitration institutions are not against Islamic law, because Islamic law itself recognizes the legality of arbitration as dispute resolution. However, in the formation of an arbitration institution, elements prohibited by religion should not be included and its decisions are also not contradicting religious law. If a case is related to an arbitration institution to settle it, then according to Islamic law the official judicial institution is no longer authorized.
14
Djawas, Mursyid, and Sri Astuti Abdul Samad. "Conflict, Traditional, and Family Resistance: The pattern of Dispute Resolution in Acehnese Community According to Islamic Law." SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam 4, no. 1 (June 30, 2020): 65. http://dx.doi.org/10.22373/sjhk.v4i1.5271.
Full textAbstract:
This study discusses the resolution of disputes through adat and family security in Acehnese society according to Islamic law. The problems examined are the pattern of resolving family conflicts through adat mechanisms in Aceh; The relationship between resolving conflicts through adat and family resilience in Aceh and a review of Islamic law towards resolving family conflicts through adat in Aceh. This study uses a qualitative approach, which is to explain, describe, and analyze in-depth the results of research. Data collection techniques used were literature study and interviews with informants. While the data were analyzed using Islamic legal theory and traditional law. This research concludes that there are several patterns for example involving various parties such as Jurong, Keuchik, Tuha Peut, Teungku Imum, Imum Mukim, and the place of dispute resolution at meunasah sometimes at Keuchik's house. There is a close relationship between resolving disputes through adat and family resilience, meaning that many family problems that are resolved through adat mechanisms do not go through formal legal avenues. Then the dispute resolution is in line with Islamic law which is included in the urf category with a review of the benefits.
15
Hudiata, Edi. "ASAS KEPASTIAN HUKUM DAN ASAS KEBEBASAN BERKONTRAK SEBAGAI PERTIMBANGAN UTAMA DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH (Kajian Yuridis Putusan MK Nomor 93/PUU-X/2012)." Jurnal Hukum dan Peradilan 3, no. 1 (April 23, 2018): 69. http://dx.doi.org/10.25216/jhp.3.1.2014.69-84.
Full textAbstract:
Since the verdict of the Constitutional Court (MK) Number 93/PUU-X/2012 pronounced on Thursday, August 29, 2013, concerning the judicial review of Law No. 21 of 2008 on Islamic Banking, it is no longer dualism dispute resolution. The verdict as well as strengthen the jurisdiction of Religious Court to resolve Islamic banking disputes. In consideration of the judges, judges agreed stating that Article 55 paragraph (2) and (3) of Law No. 21 of 2008 which is an ideal norm, contains no constitutional problems. The problem is the explanation of the constitutional article 55 paragraph (2) of the Act. The emergence of the Constitutional Court verdict No. 93/PUU-X/2012 which substantially states that the explanation of Article 55 paragraph (2) of Law No. 21 of 2008 does not have binding force, basically does not violate the principle of freedom of contract which is common in contract law. The parties are allowed to make a dispute resolution agreement out of religious court based on provisions as Act No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. Keywords: dispute resolution, legal certainty and the principle of freedom of contract
16
Kawamura, Ai. "New Dispute Resolution Approach and Models for Islamic Finance." Arab Law Quarterly 34, no. 2 (January 30, 2020): 141–66. http://dx.doi.org/10.1163/15730255-14030058.
Full textAbstract:
Abstract This article aims to clarify two pioneering models for Islamic financial dispute resolution, which have been developed in the United Arab Emirates (UAE) and in Malaysia. The models have emerged from different political economic backgrounds and legal histories. In addition, this article discusses issues regarding alternative dispute resolution (ADR) systems for Islamic finance in the UAE and in Malaysia and will also feature diversification of the Islamic financial market through the dispute resolution system.
17
Siraji, Muhammad, and Ichwan Ahnaz Alamudi. "PENYELESAIAN SENGKETA EKONOMI SYARIAH WANPRESTARSI SECARA NON LITIGASI BAIK YANG DIATUR HUKUM POSITIF, HUKUM ISLAM DAN HUKUM ADAT." Mitsaqan Ghalizan 2, no. 2 (July 12, 2023): 25–36. http://dx.doi.org/10.33084/mg.v2i2.5411.
Full textAbstract:
This research is motivated by the birth of Law No. 3 of 2006 on the amendment of Law No. 7 of 1989 on religious courts that have added authority to the religious courts in the field of sharia economics. Researchers want to know what are the ways to resolve economic disputes Sharia default in non-litigation both regulated punishable poitif, Islamic law and customary law. This research is a type of literature study or in the world of law is called juridical-normative legal research. This study shows that alternative dispute resolution with non-litigation model has several types and parts, including positive law such as Alternative Dispute Resolution, arbitration, and settlement of Sharia economic disputes through consumer institutions. Among them is the religion of peace and Justice.
18
Imaro Sidqi, Siti Maymanatun Nisa, and Hening Sukma Daini. "Development of Artificial Intelligence in the Dispute Resolution of Religious Courts." Jurnal Hukum Islam 21, no. 1 (June 11, 2023): 83–112. http://dx.doi.org/10.28918/jhi_v21i1_04.
Full textAbstract:
The number of disputes in religious courts continues to increase every year, giving great potential to develop the use of artificial intelligence to make it more efficient and effective by paying attention to the basic principles of Islamic law. This paper discusses the potential and development of the use of artificial intelligence technology in dispute cases in religious courts based on Maslahah Mursalah. The research method is juridical-normative, with a conceptual and philosophical approach. The research shows that the use of artificial intelligence in dispute resolution at religious courts is important for the reason that it can minimize the risk of errors and help judges determine legal considerations in the dispute resolution of Islamic law so that they are more accurate, effective, and efficient. The potential for developing the use of artificial intelligence technology in religious courts must consider several aspects, including the integration of artificial intelligence technology in the dispute resolution process in religious courts, the development of artificial intelligence-based decision support systems, and legal-ethical aspects of the use of artificial intelligence in religious courts. The formulation of the concept for developing the use of artificial intelligence technology in dispute resolution in the religious courts must be guided by the Maslahah Mursalah principle as a moral-ethical foundation within the legal system framework, which includes legal structure, legal substance, and legal culture so that the development of the use of artificial intelligence technology in the disputes resolution of Islamic law in religious courts be effective and justice for all.
19
Sulistyowati, Sulistyowati. "Penyelesaian Sengketa antara Bank Sharî‘ah dengan Nasabah Bermasalah melalui Badan Arbitrase Sharî‘ah Nasional (BASYARNAS) menurut UU No. 30 tahun 1999." ISLAMICA: Jurnal Studi Keislaman 9, no. 1 (September 23, 2015): 193. http://dx.doi.org/10.15642/islamica.2014.9.1.193-222.
Full textAbstract:
<p>This study deals with dispute settlement between <em>Bank Syari’ah</em> and its customers through the National Shari’ah Arbitration Board (BASYARNAS). It focuses to elaborate the procedures of dispute settlement between <em>Bank Syari’ah</em> and its customers of financing from the perspective of Islamic law according to Bill No. 30/1999 above law No. 30 year 1999. Based on procedures as mentioned in the bill with regard to arbitration and alternative dispute resolution, Basyarnas, in proofing and resolving cases, has fulfilled the procedures and satisfied the conflicting parties with justice, so there is no need to appeal and reconsideration. This means that Basyarnas has conducted dispute resolution according to the existing procedures. The dispute settlement has also been in accordance with the Qur’ân and other Islamic legal rules which consist of the principles of power and mandate applied by the arbitrator in deciding and resolving the dispute. The board—as an independent institution—has setttled the disputes on the basis of justice for all parties, rejected the act of bribery since the cost is measurable. In addition, Basyarnas also gives strong emphasis on the principle of equality, friendship, consistence and response-bility in resolving disputes.</p>
20
Kholid, Muhamad. "Sharia Arbitration as an Alternative Settlement of Sharia Banking Disputes." International Journal of Nusantara Islam 6, no. 1 (January 27, 2019): 73–92. http://dx.doi.org/10.15575/ijni.v6i1.4043.
Full textAbstract:
The enactment of Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking, became an explicit formal juridical basis for the implementation of the Islamic banking system in Indonesia. These developments should be accompanied by anticipatory steps regarding the problem of settling the dispute. Law Number 30 of 1999 concerning Arbitration and APS (Alternative Dispute Settlement) responds to existing deficiencies by preparing dispute resolution institutions through arbitration. The type of arbitration authorized to settle Islamic banking in Indonesia is Sharia Arbitration so that Sharia Arbitration is the main choice for Sharia Banking business actors. This article will discuss the authority and effectiveness of Sharia Arbitration decisions in resolving Islamic banking disputes in Indonesia. The method used is normative juridical. The study was conducted with 2 (two) stages, namely: library research (library research) and field research (field research). Data collection is done by document study and interview. Data Analysis Method used is descriptive analytical with qualitative normative juridical approach. The results of the study concluded that Sharia Arbitration competencies can resolve sharia banking disputes which are part of the Islamic economy coupled with disputes which according to the law can be held peace.
21
Islamiyati, Dewi Hendrawati, Aisyah Ayu Musyafah, Asma Hakimah, and Ruzian Markom. "Religious Practices of Land Endowment: Examining Reform and Dispute Resolution Alternatives of Land Waqf in Indonesia and Malaysia." International Journal of Public Policy and Administration Research 9, no. 3 (November 28, 2022): 71–78. http://dx.doi.org/10.18488/74.v9i3.3204.
Full textAbstract:
The research aimed to analyze the land waqf dispute resolution mechanisms in Indonesia and Malaysia to provide the Indonesian government with ideas regarding land waqf dispute resolution laws. The approach adopted was a comparative study that highlights the mechanisms and models of waqf dispute resolution in Indonesia and Malaysia. The results show that the Indonesian waqf dispute resolution mechanism comprises two approaches: juridical and sociological. The juridical approach is based on Waqf Law No. 41 of 2004, Article 62. Meanwhile, the sociological approach is based on local wisdom and policies derived from Islamic law. In comparison, the mechanism for resolving waqf land disputes in Malaysia consists of two routes: the non-litigation channel, which consists of negotiation, mediation, and arbitration, and the litigation path, via the sharia court. In the Malaysian mediation pathway, the mediator and the advocacy institution are State Islamic Religious Councils (SIRCS), assisted by waqf managers and experts. An arbitration mechanism is often chosen because the management of waqf land is, for about 40 percent, associated with business, commerce, industry, and property. The similarities between the two countries are that they are committed to resolving waqf land disputes based on applicable law, the concept of justice, and the desire to protect human rights, minimize expenses, build good relationships after disputes, and provide advocacy for the rescue of the donated land assets.
22
al-Humaidhi, Hamad. "Ṣulḥ: Arbitration in the Arab–Islamic World." Arab Law Quarterly 29, no. 1 (March 5, 2015): 92–99. http://dx.doi.org/10.1163/15730255-12341291.
Full textAbstract:
Ṣulḥ, the basis of dispute resolution in the Arab world, is governed not only by rules of law and legal process. Relational factors and the notion of collective interests such as family, tribe, community, country, religion, and race, also come into play. Harmony within the culture is perceived as a duty on its members, including third-party interveners: i.e., a judge, arbitrator, or conciliator. For this reason, regional implementation of alternative dispute resolution techniques should take into consideration collective interests as well as ṣulḥ as core of the Islamic system in order to resolve the dispute while maintaining familial, religious, and community ties. This article discusses the history of ṣulḥ, its foundations and implementation within the Arab–Islamic region. The conclusion will draw a distinction between the Arab view of ṣulḥ versus alternative dispute resolution in the West.
23
Hendra, Muhamad Juzama, and Johan Edi Nefri. "Mediasi Dan Arbitrase." Hutanasyah : Jurnal Hukum Tata Negara 2, no. 2 (February 29, 2024): 83–94. http://dx.doi.org/10.37092/hutanasyah.v2i2.669.
Full textAbstract:
Dispute resolution plays an important role in maintaining harmony and order in society. This study aims to examine the role of mediation and arbitration in the context of Islamic constitutional law by integrating such approaches with the principles of Islamic law. This study uses a descriptive qualitative approach to answer research questions that focus on an in-depth understanding of mediation and arbitration. Data collection is carried out through literature study and analysis of documents relevant to the research topic. Major data sources include scientific articles, and relevant books. The results of this study address mediation and arbitration, providing a platform for deliberation-based processes where disputing parties can reach agreement through fair dialogue and discussion. Islamic ethics and values in dispute resolution, mediation and arbitration in Islamic law demand a high level of ethics and adherence to Islamic values. This process should be based on Islamic moral and ethical principles, including honesty, justice, and commitment to peace. Islamic principles create a dispute resolution system that is more effective and in accordance with Islamic values. By understanding and respecting Islamic principles, mediation and arbitration can be powerful instruments in creating a fair dispute resolution.
24
Muhammad Taufan Djafri, Askar Patahuddin, Azwar Iskandar, and Ambarwati Ambarwati. "Permasalahan dan Penyelesaian Sengketa Wakaf Menurut UU No. 41 Tahun 2004 dan Hukum Islam (Studi Sengketa Wakaf Tanah Wahdah Islamiyah)." BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam 2, no. 3 (November 18, 2021): 396–412. http://dx.doi.org/10.36701/bustanul.v2i3.402.
Full textAbstract:
This research aims to find out: (1) the issue of waqf disputes and their resolution in Indonesia in the review of the Law. No. 41 of 2004 and Islamic law; and (2) the issue of waqf disputes and their settlement in Wahdah Islamiyah. This research includes the category of descriptive research using qualitative methods with a juridical-normative approach through field research. The results showed that: (1) the form of land waqf dispute problems in Indonesia, including: (a) issues involving holders of legitimate rights to waqf land; (b) issues related to the reason for rights or proof of acquisition used as a basis for granting rights; (c) errors/misrepresentation of rights. In addition, the problem is also in the form of still many waqf land that does not have a Waqf Pledge Deed, many waqf implementations are carried out religiously or based on mutual trust, the demand for the return of waqf land by wakif heirs and waqf land is controlled for generations by nazirs who deviate from waqf accounts. Article 62 of Law No. 41 of 2004 on Waqf affirms that the resolution of disputes is taken through deliberation for consensus. If dispute resolution through deliberation is unsuccessful, the dispute can be resolved through mediation, arbitration, or court. As for the review of Islamic law, the resolution of waqf disputes and other issues in the realm of Islamic law can be facilitated through litigation and non-litigation. The existence of peace (al-iṣlah) and deliberation for consensus is always a priority and is expected to solve problems without causing other problems (lā ḍarara wa lā ḍirāra) to achieve the benefit of the people in accordance with maqāṣid al-syarī'ah and justice; (2) Wahdah Islamiyah faces several problems of land waqf disputes, such as lack of legal certainty in waqf land ownership, waqf practice by conventional means, waqf land for sale, claims of waqf land ownership, and no checking the legality of waqf land. In the settlement of land waqf disputes, Wahdah Islamiyah directs the resolution of all dispute cases through two patterns, namely litigation and non-litigation patterns, which are generally done by familial means or consensus deliberation.
25
Evra Willya. "Implications of Islamic Law in Business Dispute Resolution: A Qualitative Approach to Muslim Entrepreneurs." Sanskara Hukum dan HAM 2, no. 01 (August 28, 2023): 42–48. http://dx.doi.org/10.58812/shh.v2i01.243.
Full textAbstract:
This research study explores the implications of Islamic law (Sharia) in the settlement of business disputes among Muslim entrepreneurs in West Java, Indonesia. Using a qualitative research approach, this study explores how Islamic principles are integrated into decision-making processes and conflict resolution strategies. Through thematic analysis of the interviews, this study uncovers themes of ethical integration, peaceful resolution through mediation (Sulh), the mediating role of religious principles, and the challenge of harmonizing Sharia with the legal system. These findings contribute to an understanding of the interaction between Islamic values and modern business practices, providing insight into ethical considerations and cultural sensitivity in dispute resolution.
26
Hassan, Kamal Halili. "Employment Dispute Resolution Mechanism from the Islamic Perspective." Arab Law Quarterly 20, no. 2 (2006): 181–207. http://dx.doi.org/10.1163/026805506777585658.
Full text
27
Munawar, Atful. "Arbitrase Sebagai Alternatif Penyelesaian Perkara dalam Hukum Positif dan Hukum Islam." Kosmik Hukum 22, no. 3 (September 29, 2022): 234. http://dx.doi.org/10.30595/kosmikhukum.v22i3.15483.
Full textAbstract:
The sharia-based economy in Indonesia has experienced significant development. Along with the growth of the sharia economy, the emergence of disputes between the parties to the transaction is also increasing. On the other hand, resolving disputes through the courts requires a lot of time and money. Thus, alternative dispute resolution (APS) emerged, one of which was arbitration. This study aims to describe the concept of arbitration in positive law and tahkim in Islamic law. This research is a qualitative research using library research. This study uses a normative juridical approach. The results of the study show that arbitration and tahkim are both alternative dispute resolutions by appointing a third party as arbitrator or judge. The difference is in the requirements to become an arbitrator / judge where in Islamic law there is a requirement to be Muslim. Regarding its authority, arbitration is only authorized in the civil sector based on an arbitration agreement, while in tahkim its authority is broader in terms of muamalah, social and even political. Another difference is that in positive law the court is only authorized to execute the arbitration award if requested by one of the parties. Meanwhile, in Islamic law, the court has the authority to cancel the decision of the tahkim if it is contrary to the provisions of syara'.Keywords: tahkim, civil disputes, sharia economics
28
Lombardini, Michele. "The International Islamic Court of Justice: Towards an International Islamic Legal System?" Leiden Journal of International Law 14, no. 3 (September 2001): 665–80. http://dx.doi.org/10.1017/s0922156501000334.
Full textAbstract:
The present article describes the dispute settlement system of the Organization of the Islamic Conference through the envisaged creation of the International Islamic Court of Justice. The Court's Statute, adopted in 1987, considers the Islamic Shari'ah or Islamic law as the fundamental law to be applied by the Court for the resolution of international disputes. Therefore, the Court will have a religious character considering a local religious code as the primary applicable law. The International Islamic Court of Justice has not yet been set up. Its creation might have the effect of grouping Islamic states under the same international judicial system, and of causing a strong political impact in respect of the relations with the State of Israel and of the Palestinian question.
29
Syaifuddin, Syaifuddin. "Dispute Settlement in Sharia Banking in Indonesia." Randwick International of Social Science Journal 4, no. 2 (April 30, 2023): 297–309. http://dx.doi.org/10.47175/rissj.v4i2.671.
Full textAbstract:
The birth of the dual banking system in Indonesia was marked by the establishment of Indonesia's first sharia commercial bank, Bank Muamalat. The first amendments to the Religious Courts Act of 1989 were seen as a response to dispute resolution, but the advent of the law did not immediately open an opportunity for dispute resolution, due to the National Sharia Council and banking fatwas. Indonesian regulations continue to treat disputes in the sharia banking industry as arbitrators, and Law No. 21 of 2008 on Sharia Banking Regulation is another legislative instrument that provides channels for Islamic banking disputes through litigation and out-of-court proceedings. This study was conducted normatively, using different legal materials depending on the issue. The study found that forms of Islamic banking consist of profit products and social and religious products. For charitable sharia banking products, disputes with bank customers can be resolved by national sharia arbitration courts and judicial institutions, whereas social and religious sharia banking products can only be resolved by religious courts or district courts. At the discretion of the judge according to the contract. In the case of disputes between banks and customers, the arbitration board only has the power to decide the dispute and not to enforce the law, but in sharia banks, disputes in litigation, religious courts and district courts have jurisdiction for dispute resolution. Have the right Enforcement where principal or the losing party does not act voluntarily to decide or enforce and/or where the auction leads to legal proceedings.
30
Helim, Abdul, Sabarudin Ahmad, and Padlianor Padlianor. "Bapalas as Alternative Dispute Resolution of Fighting on Muslim Dayak Community in Muara Teweh, Central Kalimantan." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 6, no. 1 (June 27, 2022): 331. http://dx.doi.org/10.22373/sjhk.v6i1.12379.
Full textAbstract:
This study discusses the tendency of the Muara Teweh Muslim Dayak community, who prefers bapalas in resolving fighting disputes over other legal remedies. Bapalas is a traditional dispute resolution of fights with the help of mantir and community leaders and is attended by the families of both parties. In the Dayak community, there are various bapalas, such as midwives bapalas, marriages bapalas, births bapalas, death bapalas, and fights bapalas. This research focuses on studying the fight bapalas as an alternative dispute resolution for fights in the community. Fighting is part of criminal law, usually resolved through litigation by repressive settlements. However, it is different in the Muslim Dayak community in Muara Teweh. They prefer to settle the dispute through this bapalas tradition. The research was conducted using empirical legal research methods using an Islamic law approach. The theory used is the theory of ‘urf and the concept of iṣlāḥ in Islam. The study result indicates that the Muslim Dayak community in Muara Teweh prefers this settlement because, first, it has become customary law that has been passed for generations. Second, bapalas minimize the grudges between the conflicting parties. Third, compared to other resolutions, primarily through litigation, bapalas are much easier dan more effective in resolving conflicts, especially in terms of time. This dispute resolution model aligns with Islamic law according to 'urf and the concept of Islam.‘Urf can be a source of law as long as it does not conflict with sharia and is in line with the sadd al-żarī‘ah method, which means if the customs in society can prevent or block the harm, then it is allowed. It is also in line with the concept of iṣlāḥ that bapalas is a conflict resolution method that can eliminate and stop hostility and conflict between humans.
31
Khasanah, Karimatul. "Online Dispute Resolution (ODR) As an Alternative Dispute Resolution (ADR) of The Current Sharia Economics Issues in Indonesia." JURNAL HUKUM ISLAM 19, no. 1 (June 17, 2021): 21–42. http://dx.doi.org/10.28918/jhi.v19i1.3883.
Full textAbstract:
The rapid development of sharia business activities and the development of Islamic Financial Institutions in Indonesia has the potential to cause disputes between the parties, therefore it is necessary to resolve disputes which should be in accordance with current conditions where almost all activities are carried out quickly and efficiently through the help of the internet. This study aims to find the legality of ODR in Indonesia and ODR in the perspective of sharia economic law. The method used is documentation with a normative juridical approach. The results showed that ODR is an effective method chosen by the parties in resolving sharia economic disputes because it is in accordance with current needs which require all activities quickly and easily. ODR also has a clear legal basis through Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. In the perspective of sharia economic law, as long as the principles, objectives and mechanisms of ODR do not conflict with sharia principles, then ODR is the right choice in resolving disputes on Indonesia's sharia economy.
32
Tehedi, Tehedi. "MODEL PENYELESAIAN SENGKETA EKONOMI SYARIAH DI BADAN ARBITRASE SYARIAH NASIONAL." Borneo : Journal of Islamic Studies 3, no. 1 (January 8, 2023): 48–61. http://dx.doi.org/10.37567/borneo.v3i1.1299.
Full textAbstract:
The importance of functioning BASYARNAS as a form of non-litigation sharia economic dispute resolution because it has many advantages compared to litigation settlement. Even though there are many advantages, there are still few sharia economic or business actors who use these institutions as an alternative to dispute resolution. This is due to the lack of knowledge and understanding of sharia business actors regarding the forms of settlement at BASYARNAS, so education and literacy are needed for sharia business actors. This study aims to explain the procedure for resolving sharia economic disputes at BASYARNAS. The method used is a qualitative method, a normative juridical approach with a juridical descriptive analysis. The results of this study conclude that the form of sharia economic dispute resolution at BASYARNAS is based on Law no. 49 of 2009 concerning Judicial Power, Law no. 21 of 2008 concerning Islamic Banking, Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, and the 2005 BASYARNAS Procedure Regulations. The settlement procedure begins with a dispute resolution request to BASYARNAS followed by an examination process up to the reading of the decision by a sharia judge or arbiter
33
Iswandi, Andi. "Komparasi Studi Fenomenologi dalam Penyelesaian Sengketa Harta Warisan Ditinjau dari Perspektif Kompilasi Hukum Islam dan Undang-Undang Perkawinan di Indonesia." Qonuni: Jurnal Hukum dan Pengkajian Islam 3, no. 01 (June 16, 2023): 9–20. http://dx.doi.org/10.59833/qonuni.v3i01.1162.
Full textAbstract:
This study compares the phenomenological approach in resolving inheritance disputes, with a focus on the views of the Compilation of Islamic Law and the Marriage Law in Indonesia. This study uses the phenomenological method to explore the experiences and meanings given by individuals or groups regarding the settlement of inheritance disputes. The results showed that the majority of participants had a strong understanding of the provisions of Islamic law and marriage laws in the context of inheritance distribution. They tend to believe that resolving inheritance disputes based on Islamic law is fairer than civil law. The role of the mediator is considered very crucial, and participants feel it is important to make settlement procedures more accessible and understandable to the community. The conclusion of this study shows that a strong understanding of Islamic law and marriage laws can affect the outcome of inheritance dispute resolution. Furthermore, giving the role of mediator and efforts to increase accessibility and public understanding of settlement procedures can increase the effectiveness of resolving inheritance disputes in Indonesia. This research provides additional insight into the dynamics of resolving inheritance disputes in the context of Islamic law and civil law in Indonesia.
34
Luawo, Fipy Rizky Amalia, and Haswida Amalia. "The Implementation of Inheritance Based on The Tribe of Kaili Ledo and Islamic Inheritance Laws." Jurnal Dinamika Hukum 19, no. 2 (December 22, 2019): 318. http://dx.doi.org/10.20884/1.jdh.2019.19.2.2525.
Full textAbstract:
Law is an inherent part of Indonesian society, which does not only national law but also customary law. One of the customary laws in Indonesia is the Kaili customary law. Kaili customary law is only applicable to specific communities. Whereas Islamic law applies broadly to all Muslims. One of them is in the field of inheritance law. From many disputes that occur in inheritance law, the distribution of heritage in inheritance law has always been a major problem that occurs in society, both in Kaili's customary inheritance and Islamic inheritance laws. It is interesting to find out more that each of the rules has different dispute resolution where Kaili‘s customary inheritance law trusts Totua nu ada as a person who has the capability to distribute the heritage. This study was conducted by the Conceptual and Comparative Approach. In conclusion, Kaili indigenous community, are familiar with customary institutions, and, in Islamic law, they have the Religious Courts to resolve their inheritance disputes. Keywords: Customary Inheritance law, Islamic Law, Division of inheritance
35
Triana, Nita. "Mengkonstruksi Alternative Dispute Resolution (ADR) yang Berlandaskan Hukum Islam dalam Kerangka Hukum Nasional." Al-Manahij: Jurnal Kajian Hukum Islam 3, no. 1 (March 12, 2020): 53–68. http://dx.doi.org/10.24090/mnh.v3i1.3680.
Full textAbstract:
ADR is an alternative dispute resolution, that consider peaceful and agreement. Such a dispute has been a long time known by Indonesia society. Musyawarah and mufakat principles that exist in Adat Law and Islah principle that exist in Islamic Law constitute Living Law in Indonesia. Principle of Law as forgiving, peaceful and agreement that exists in Islah can construct ADR in frame National Law system.
36
Al-Shibli, Farouq Saber. "Litigation or Arbitration for Resolving Islamic Banking Disputes." Arab Law Quarterly 32, no. 4 (November 9, 2018): 413–38. http://dx.doi.org/10.1163/15730255-12324040.
Full textAbstract:
Abstract When investors decide to deal with Islamic banks, one of their main concerns is to ensure their businesses are protected in the case of disputes arising. For this reason, developing a good legal framework for resolving disputes is crucial to strengthen the position of Islamic banks in the global financial market. However, the unique nature of Islamic financial products and transactions requires that the disputes arising from this sector should not be dealt with by means of conventional laws and courts (litigation). It can be said that current practice, where Islamic banking and finance disputes are resolved by litigation with lopsided judgments is counterproductive to the practice of Islamic banking and finance. This article therefore explores the problems associated with resolving Islamic banking disputes through litigation and proposes arbitration as an alternative method for establishing a legal framework for dispute resolution in countries where Islamic banking is implemented.
37
Indy Setiawan, Hatta, and Abustan Abustan. "Juridical Analysis Of Personnel Dispute Resolution In The State Administrative Court (Analysis Of Case Decision Number 45/G/2020/Ptun-Jkt)." International Journal of Educational Research & Social Sciences 4, no. 4 (August 30, 2023): 639–50. http://dx.doi.org/10.51601/ijersc.v4i4.685.
Full textAbstract:
Juridical settlement of personnel disputes according to Law No. 5 of 2014 concerning the State Civil Apparatus is resolved through administrative remedies, consisting of administrative objections and appeals. Personnel dispute resolution is resolved through the State Administrative Court, while in Law No. 5 of 2014, personnel dispute resolution is resolved through administrative efforts consisting of administrative objections and appeals. Based on this, the legal protection provided by Law No. 5 of 2014 against the State Civil Apparatus in dispute reduces the procedural rights of the State Civil Apparatus,because it can no longer defend its rights to the judiciary. Law enforcement carried out by judges in examining and trying case No. 45/G/2020/PTUN-JKT., is in accordance with legal provisions as specified in the PTUN Law. Based on the examination before the court, it was revealed that the legal facts that the defendant had issued a decree on the object of dispute, namely the Decree of the Governor of DKI Jakarta No. 1616 of 2019 concerning the imposition of severe disciplinary punishment in the form of dishonorable dismissal of non-permanent employees on behalf of Susanto at Satpol. PP. not in accordance with the principle of presumption of innocence, the Defendant has also issued a decision on the object of dispute not in accordance with the basic regulations that authorize the Defendant so that in substance the decision of the object of dispute contains juridical reproach. One of the resolutions of disputes according to Islamic law is the courts (Al-qadha). Etymologically, Al-qadha means to decide to establish. While terminologically, Al-qadha is a judicial institution tasked with delivering binding legal decisions. The postulates about qadha' are quite numerous in QS. Al-Baqarah (2) verse 213.
38
Schwing, Mel Andrew. "The KLRCA I-Arbitration Rules: A Sharia-Compliant Solution to the Problems with Islamic Finance Dispute Resolution in Singapore and Malaysia?" Journal of International Arbitration 34, Issue 3 (July 1, 2017): 425–58. http://dx.doi.org/10.54648/joia2017022.
Full textAbstract:
In 2012, the Kuala Lumpur Regional Centre for Arbitration launched its i-Arbitration Rules in an attempt to attract more disputes from the multitrillion-dollar Islamic finance industry. The i-Arbitration Rules attempt to provide a Shari’a-compliant protocol for international commercial arbitration of those disputes. This article analyses whether they meet that objective by first exploring why there is a need for an alternative method of dispute resolution in Asia for Islamic finance disputes, then looking at the issues that arise when Shari’a matters are subject to international commercial arbitration, and finally considering whether the i-Arbitration Rules resolve those issues.
39
Sulaiman Dorloh, Sakinah Salleh, and Mohammadtahir Cheumar. "ARBITRATION AT MUSLIM RELIGIOUS COMMITTEE COUNCILS IN SOUTHERN THAILAND." AR-RĀ’IQ 5, no. 2 (May 4, 2023): 67–90. http://dx.doi.org/10.59202/riq.v5i2.618.
Full textAbstract:
This paper analyses the function of arbitration at Patani Muslim Religious Committee Council (PMRCC) and offers mediation mechanisms as an alternative way of solving the matrimonial disputes among the Muslims in the Malay-Muslims majority areas. Conceptually, dispute resolution is being recognized as an effective way in the field of adjudication in Islamic law. Although there have been attempts to implement dispute resolution mechanisms in the Muslim Religious Committee Councils (MRCCs), no attempt so far has been made to upgrade them. To a large extent, dispute resolution has been implemented gradually since the beginning of the establishment of the councils. This paper intends to investigate the current trend and the future direction for the implementation of dispute resolution in PMRCC by exploring the available alternatives to the continued pursuit of the process of dispute resolution in PMRCC while at the same time strengthening the existing structures. Finally, the author will provide some suggestions as to how dispute resolution in PMRCC might operate. The author will also highlight the strength and weaknesses of arbitration under Thai civil law with a view toward a better legal provision for arbitration.
40
A. Graf, Benedikt. "“ISLAMIC LAW AND INTERNATIONAL LAW: PEACEFUL RESOLUTION OF DISPUTES”." RELIGION AND AMERICAN PRESIDENTIAL ELECTIONS 2020 15, no. 2 (December 10, 2021): 439–41. http://dx.doi.org/10.54561/prj1502439g.
Full text
41
Kovras, Iosif. "Islamic law and international law: peaceful resolution of disputes." Southeast European and Black Sea Studies 20, no. 4 (October 1, 2020): 663–64. http://dx.doi.org/10.1080/14683857.2020.1828508.
Full text
42
Choirunisa, Eka, and Abdul Mujib. "Penyelesaian Sengketa Pegadaian Syariah Melalui Badan Penyelesaian Sengketa Konsumen (BPSK)." Al-Kharaj : Jurnal Ekonomi, Keuangan & Bisnis Syariah 5, no. 5 (March 1, 2023): 2344–65. http://dx.doi.org/10.47467/alkharaj.v5i5.3468.
Full textAbstract:
Dispute resolution institutions can be used both for litigation and non-litigation dispute resolution. One of the dispute resolution institutions is the Consumer Dispute Settlement Agency (BPSK), which is regulated in Law Number 8 of 1999 concerning Consumer Protection. The UUPK and BPSK procedural law spell out the responsibilities and authorities of the BPSK. Currently, there are no restrictions on the types of consumer disputes that can be handled by BPSK with business actors and consumers. Regarding the authority of the BPSK in solving problems, especially in the field of Islamic finance, it is often the subject of discussion considering that each institution has different juridical foundations. The research method used is qualitative research using a juridical-normative approach. In Dispute Resolution at BPSK, the parties must first reach an agreement in the form of a contract before proceeding with dispute resolution through BPSK, which is basically a voluntary choice between the parties. BPSK cannot be used to resolve disputes if one party disagrees. Although envisioned as a weapon for consumers seeking justice, implementation remains challenging. This is because legal arrangements do not conform to assumptions, in particular answering buyer inquiries online quickly, effectively and efficiently. Apart from that, the UUPK articles are inconsistent, only contradictions between articles and horizontal conflicts with other statutory products. Legal certainty in dispute resolution requires gradual improvement of three components in the Consumer Dispute Settlement Agency: legal structure, legal substance, and legal culture.
Keywords: Sharia Pawnshop Disputes, Consumer Dispute Settlement Agency (BPSK), Consumer Protection Act
43
Hidayat, Yusup. "ISLAMIC LEGAL PERSPECTIVE RESOLUTION OF BANKRUPTCY IN SHARIA BUSINESS DISPUTES." Journal of Law and Sustainable Development 12, no. 5 (May 20, 2024): e3678. http://dx.doi.org/10.55908/sdgs.v12i5.3678.
Full textAbstract:
Purpose: Disharmony in bankruptcy laws in Sharia business impacted public distrust and lack of legal certainty in society. The urgency of this research requires legal reform and renewal regarding the authority of religious justice institutions as the sole adjudicators in the realm of sharia law to guarantee legal certainty. This research aims to determine the effectiveness of bankruptcy dispute resolution from a sharia perspective. Method: This qualitative research uses a normative juridical approach, and the legal sources used are primary and secondary. Legal sources are collected through literature reviews, then analyzed and described systematically, descriptively, and prescriptively to answer current and future. Results and Conclusion: The result is that there is a need for a legal stipulation that religious courts are the only institutions authorized to decide on the resolution of bankruptcy disputes based on Sharia law so that Sharia bankruptcy law becomes effective. Implications of research: Research on the Islamic legal perspective the resolution of bankruptcy in Sharia business disputes can have several significant implications among others are legal framework development. Such research can contribute to the development of a comprehensive legal framework within Islamic jurisprudence for handling bankruptcy cases in Sharia-compliant businesses. This includes exploring the principles outlined in Islamic commercial law (Fiqh al-Mu'amalat) and their application to modern economic systems.
44
Habibullah. "PENYELESAIAN SENGKETA AKAD MUDHARABAH MELALUI PENGADILAN AGAMA YOGYAKARTA (STUDI KASUS PUTUSAN NOMOR 193/Pdt.G/2021/PA.YK)." Mu'amalat: Jurnal Kajian Hukum Ekonomi Syariah 15, no. 2 (December 8, 2023): 129–44. http://dx.doi.org/10.20414/mu.v15i2.8658.
Full textAbstract:
Dispute resolution in the context of mudharabah contracts is important in the sharia financial system. The Yogyakarta Religious Court has a central role in resolving this kind of dispute in accordance with the principles of Islamic law. This study aims to analyze the decision of the Yogyakarta Religious Court with case number 193/Pdt.G/2021/PA.YK. related to resolving mudharabah contract disputes. In this decision, the Yogyakarta Religious Court based its decision on the principles of Islamic law, including the principles of justice, fulfillment of the rights of the parties, and relevant sharia considerations. The Yogyakarta Religious Court also considers the validity of the contract, the agreement between the parties, and the evidence presented at the trial.
45
Rahman, Shafiq ur, Muhammad Tahir, and Muhammad Shahid. "Some Reflections on âSharÄ«Ê¿ah Clausesâ of Islamic Finance Contracts." Global Legal Studies Review VIII, no. II (June 30, 2023): 165–75. http://dx.doi.org/10.31703/glsr.2023(viii-ii).18.
Full textAbstract:
This study delves into resolving financial disputes on Shar'ah contract clauses involving parties from different jurisdictions. There is a lack of explicit references to Shar'ah law in the choice of law clauses in financial contracts. The study emphasizes the complexity of applying Sharīʿah principles due to different interpretations. The jurisdictions lacking Shar'ah law expertise on Islamic finance disputes may set unfavorable precedents. The recommendations include strengthening local jurisdictions in Shar'ah-based legal systems by training judges and arbitrators. Encouraging Islamic Financial Institutions (IFIs) to adopt Shar'ah compliance procedures, collaboratively developing unified IB&F Law, offering mechanisms of comprehensive training of legal practitioners, promoting confidence in local courts, creating a collaboration platform, and developing a comprehensive handbook for adjudicators, etc. are recommended measures to enhance Shar'ah-based dispute resolution and maintain credibility, stability & growth of Islamic finance sector.
46
Othman, Aida. ""And Amicable Settlement Is Best": Sulh and Dispute Resolution in Islamic Law." Arab Law Quarterly 21, no. 1 (2007): 64–90. http://dx.doi.org/10.1163/026805507x197857.
Full textAbstract:
AbstractThe attention accorded to the institution of qadā' 'judgeship' and the adjudicative functions of the qādi has obscured another important method for resolving disputes in Islamic law, namely sulh 'amicable settlement'. While many studies on dispute resolution in Muslim societies have portrayed sulh mainly as a manifestation of customary practice within informal settings, a study of the legal sources reveals that it is not extra-judicial but is rather an integral aspect of an Islamic justice system.Citing authoritative traditions on the potentially disruptive effects of adjudication, jurists instructed disputants and qādis alike to first consider conciliation to solve conflicts. A qādi might opt for sulh in lieu of proceeding to trial, either steering disputants towards settlement on their own, with the assistance of mediators, or mediate the case himself. At the same time, jurists were also concerned with ascertaining the parameters within which sulh should operate, especially when they might offend the rules against ribā (usury) and gharar (uncertainty, deception, or unreasonable risk). The legal debates on sulh during the formative period of Islamic law show how jurists struggled to balance competing ethical and religious ideals: those of conciliation and compromise with those of truth and justice. In some situations, the individual's right to his full legal entitlements should be upheld, and sulh should not be given precedence over the formal, truth-seeking procedures of adjudication.
47
Mustapha, Zakariya, Sherin Kunhibava, and Aishath Muneeza. "Court referral and Nigeria's Financial Regulation Advisory Council of Experts (FRACE)." ISRA International Journal of Islamic Finance 11, no. 2 (December 9, 2019): 206–25. http://dx.doi.org/10.1108/ijif-11-2018-0126.
Full textAbstract:
Purpose This paper aims to highlight resolution of Islamic finance dispute by common law-oriented courts in Nigeria with respect to Sharīʿah non-compliance and legal risks thereof, as well as the lesson to learn from Malaysia in that regard. This is with view to ensuring Sharīʿah compliance and legal safety of Islamic finance practice as prerequisites for sustainability of the Nigerian Islamic finance industry. Design/methodology/approach A qualitative method was used; interviews were conducted with different categories of experts and primary data collected in relation to Sharīʿah non-compliance and legal risks in adjudicating Islamic finance dispute by civil courts and the role of expert advice as basis for court referral to Financial Regulation Advisory Council of Experts. A doctrinal approach was adopted to analyse relevant legislative provisions and content analysis of secondary data relevant to applicable provisions in matters of finance before civil courts. Findings The paper discovers an indispensable role of conventional financial regulations in sustaining Islamic finance industry. Appropriate laws for Islamic finance under the conventional framework foster legal safety and Sharīʿah compliance of Islamic finance activities in related cases handled by courts. Nigeria civil courts can aid sustainability of Islamic finance when so equipped and enabled by laws that address apparent Sharīʿah non-compliance and legal risks in judicial dispute resolution. Inadequate legal provisions for dispute resolution breeds Sharīʿah non-compliance and legal risks in Islamic finance, undermine its prospects and stand inimical to its sustainability. Research limitations/implications This research is limited by its focus on Sharīʿah non-compliance and legal risks alone, which emanate mainly from judicial resolution of Islamic finance dispute by Nigerian civil courts. Practical implications This research seeks to motivate a determined and deliberate regulatory action and change in approach towards addressing apparent risks associated with Islamic finance while resolving disputes therein by civil courts. It has implications on common law jurisdictions generally that adopt similar approach as Nigeria's while introducing Islamic finance into their conventional finance framework. Originality/value Dispute resolution and other regulatory functions of civil courts are important to Islamic finance though apparently overlooked while introducing Islamic finance in Nigeria as in other emerging jurisdictions. This research ascertains the role of the civil courts as indispensable for Islamic Financial Institution (IFIs) operations and demonstrates that such courts are needed for the development and sustainability of Islamic finance industry. The research demonstrates the end-to-end requirement of Sharīʿah compliance of Islamic financial transactions as absolute and needs be ensured and guarded at dispute resolution level by properly equipped courts.
48
Yasin, Mohamad Nur. "REFORMASI HUKUM EKONOMI ISLAM DI INDONESIA STUDI KLAUSULA PENYELESAIAN SENGKETA EKONOMI SYARIAH DALAM FATWA DEWAN SYARIAH NASIONAL 2000-2017." istinbath 16, no. 1 (June 30, 2017): 241–64. http://dx.doi.org/10.20414/ijhi.v16i1.110.
Full textAbstract:
Abstract: Islamic law contains a dynamic-adaptable aspect and should be reformed. Law reform agencies have always faced a serious challenge. In Indonesia, agent of law who consistence in the reforming islamic economic law is Sharia National Board of Indonesian Ulama Council (Dewan Syariah Nasional Majelis Ulama Indonesia/DSN-MUI). During 2000-2017,DSN-MUI have published 109 fatwa of sharia economic. The clausula of sharia economic dispute resolution in the Fatwa of DSN-MUI undergoing four time change. This paper focus on two problems. first, what factors do influencing change of clausula of sharia economic dispute resolution in the Fatwa of DSN-MUI. Second, how is law reform model behind the change of clausula of sharia economic dispute resolution in the Fatwa of DSN-MUI. By using method of normative legal research, obtained two findings. first, the change of clausula of sharia economic dispute resolution in the Fatwa of DSN-MUI caused by economic factors and law factors. Second, there are two models of lawreform that exist behind the formulation of clausula of sharia economic dispute resolution in the Fatwa of DSN-MUI, namely law eclecticism and remodeling law. Abstrak: Hukum Islam mengandung aspek dinamis-adaptable dan harus dilakukan reformasi. Agen reformasi hukum selalu menghadapi tantangan serius. Di Indonesia, agen hukum yang aktif melakukan reformasi hukum ekonomi Islam adalah Dewan Syariah Nasional Majelis Ulama Indonesia (DSN-MUI).Selama2000-2017,DSN-MUImenerbitkan109fatwaekonomi syariah. Rumusan klausula penyelesaian sengketa ekonomi syariah dalam FatwaDSN-MUIdariaspeklembagapenyelesaisengketamengalamiempat kaliperubahan.Tulisaninifokuspadaduapermasalahan.Pertama,apafaktor yang melatarbelakangi perubahan rumusan klausula penyelesaian sengketa ekonomisyariahdalamFatwaDSN-MUI.Kedua,bagaimanamodelreformasi hukumdibalikperubahanrumusanklausulapenyelesaiansengketaekonomi syariah dalam Fatwa DSN-MUI. Dengan menggunakan metode penelitian hukum normatif, diperoleh dua temuan. Pertama, perubahan rumusan klausula penyelesaian sengketa ekonomi syariah dalam Fatwa DSN-MUI disebabkan oleh faktor ekonomi dan faktor hukum. Kedua, ada dua model reformasihukumyangadadibalikperubahanrumusanklausulapenyelesaian sengketaekonomisyariahdalamFatwaDSN-MUI,yaitueklektisismehukum dan pembuatan ulanghukum.
49
Wagiyanto, M. "Regional Head Election (Pilkada) Dispute Settlement in the Perspectives of Sociology of Islamic Law." AL-'ADALAH 16, no. 1 (August 27, 2019): 207–24. http://dx.doi.org/10.24042/adalah.v16i1.1982.
Full textAbstract:
This article presents an alternative concept of resolving disputes over Regional Head Elections (Pilkada) from the perspectives of the sociology of Islamic Law. The aim is to find the possibility of obtaining better alternative dispute esolutions that meet the feelings of justice of the parties. Up to now, Pilkada dispute resolution always took the path of litigation (court), which ended in victory on the one side and defeat on the other side. Rarely, if ever, there is a dispute settlement that takes a non-litigation path to get a win-win solution. Even though there were no historical documents found in Islamic history on the Regional Head elections; But the absence of the document does not necessarily mean that Islam has no concept that can be used to solve humanitarian problems. As a religion characterized by rahmatan lil alamin (peace upon the world), Islam has a concept that can be applied to resolve disputes that refer to some principles originating from Syari'ah arguments, namely: al-Qur'an, al-Sunnah, Ijmā’ (agreement of the scholars), Qiyās (analogy), Maslahah Mursalah (benefit of society), and ‘Urf (community tradition).
50
Oseni, Umar A., and Abu Umar Faruq Ahmad. "Towards a global hub." International Journal of Law and Management 58, no. 1 (February 8, 2016): 48–72. http://dx.doi.org/10.1108/ijlma-08-2014-0052.
Full textAbstract:
Purpose – The paper aims to examine significant developments in the institutional framework for dispute resolution in the Islamic finance industry in Malaysia. Malaysia, as part of its efforts to consolidate its enviable Islamic finance industry, has strengthened its institutional framework for dispute resolution. Design/methodology/approach – Data for this study were collected from both primary and secondary legal sources. Through a conceptual legal analysis, the institutional frameworks of dispute resolution in the Malaysia’s Islamic finance industry are studied. Findings – The study finds that Malaysia is far ahead of other jurisdictions by a significant margin in spearheading reforms in the emerging global Islamic finance industry. The dispute resolution framework has been largely affected by the recent reforms. Research limitations/implications – Other jurisdictions may borrow a leaf from Malaysia’s initiative in providing a robust legal framework for dispute management in the Islamic finance industry. Practical implications – Apart from adopting Malaysia’s framework and possibly adapting it to suit their specific local variations, other jurisdictions may also encourage Islamic financial institutions to incorporate effective dispute resolution processes in Islamic finance contracts. Originality value – This study critically discussed most recent developments in the institutional framework on dispute resolution in the Islamic finance industry in Malaysia.