The Mapping of Sharia Economic Dispute Decisions in Religious Courts

Ridwan, Ridwan and Zain, Muhammad Fuad and Maula, Bani Syarif (2021) The Mapping of Sharia Economic Dispute Decisions in Religious Courts. In: BIS-HSS 2020, 18 November 2020, Magelang, Central Java, Indonesia.

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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.

Item Type: Conference or Workshop Item (Paper)
Uncontrolled Keywords: religious courts dispute islamic economics interpretation restrictive
Subjects: H Social Sciences > H Social Sciences (General)
Depositing User: EAI Editor IV
Date Deposited: 20 Apr 2022 12:01
Last Modified: 20 Apr 2022 12:01
URI: https://eprints.eudl.eu/id/eprint/10483

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