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All Journal Penamas Jurnal Dialektika Hukum
Khairul Fadli Rambe
Universitas Islam Negeri Imam Bonjol Padang
Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Penerapan Mekanisme Gugatan Sederhana dalam Sengketa Wanprestasi Akad Murabahah: Studi Putusan PA Magetan Nomor 15/Pdt.GS/2024/PA.MGT Khairul Fadli Rambe; Lilis Afifa Zahra; Putri Melissa
Jurnal Dialektika Hukum Vol 8 No 1 (2026): Jurnal Dialektika Hukum
Publisher : Law Department Jenderal Achmad Yani University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36859/jdh.v8i1.5632

Abstract

The application of the simplified litigation mechanism in Islamic economic disputes is a crucial issue that tests the balance between procedural efficiency and adherence to Sharia principles. The Indonesian judiciary strives to achieve a judicial system that is simple, swift, and cost-effective, which is realized through the simplified litigation mechanism. However, Islamic economic disputes require unique legal considerations, namely the integration of positive law (PERMA) with Islamic Sharia values. This study aims to analyze the implementation, evidentiary process, and judicial reasoning in the Magetan Sharia Court Decision No. 15/Pdt.GS/2024/PA.MGT. The research design employed was a normative legal study using a single-case study approach. Data were collected through a review of primary court decisions and analyzed qualitatively and normatively using legal interpretation. The findings indicate that the GS mechanism is effectively applied in murabahah disputes, where the evidentiary process is simple and expeditious. The judge’s reasoning demonstrates a balance between positive law and the principle of al-wafa bil ‘uqud, and even rejects claims for damages deemed excessive. In conclusion, this ruling serves as an important precedent demonstrating that religious courts can function as an efficient dispute resolution forum that upholds Sharia integrity, and it is recommended for further comparative study regarding various other types of Sharia contracts.
Digital Taaruf and the Mediation of Islamic Marriage Law: Maqasid al-Syarī'ah, Sadd al-Dhari'a, and Networked Religious Authority on Instagram Khairul Fadli Rambe; Yusnita Eva; Mayang Belia Sameto; Nofan Alfandi
Penamas Vol 39 No 1 (2026): Volume 39, Issue 1, January-June 2026
Publisher : Balai Penelitian dan Pengembangan Agama Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31330/penamas.v39i1.1036

Abstract

The shift of Islamic marriage practices to social media has given rise to a form of religiously mediated matchmaking whose legal status has yet to be adequately examined. This study analyses digital taaruf on the Instagram account (@taarufpadang) as a contemporary expression of Islamic family law: how do online intermediaries (wasith) facilitate sharia-compliant matchmaking whilst upholding its fiqh requirements? In response to public concerns that uncontrolled premarital interactions erode the moral boundaries of young Muslims in Padang, this platform positions itself as a trustworthy alternative. The research employs a juridical-empirical method with a qualitative case study—comprising interviews, observations and document analysis—interpreted through the framework of Indonesian Islamic family law, as well as the principles of maqāṣid al-syarī’ah, sadd al-dharī’ah and networked religious authorities. The findings suggest that these accounts’ structure interactions to prevent khalwat, whilst simultaneously shifting the authority to mediate from guardians and traditional kinship networks to digital administrators. Digital taaruf represents a tangible yet ambivalent reconfiguration of fiqh—extending the maqāṣid to the online sphere, yet raising new questions about authority, accountability and the limits of permissible digital interaction.
Co-Authors Lilis Afifa Zahra Mayang Belia Sameto Nofan Alfandi Putri Melissa Yusnita Eva