Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Greenation International Journal of Law and Social Sciences
Burhanudin Harahap
Universitas Sebelas Maret, Surakarta, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Shifting the Burden: Reverse Proof in Shirkah under Islamic Law Moh Ahza Ali Musthofa; Burhanudin Harahap; Hari Purwadi
Greenation International Journal of Law and Social Sciences Vol. 3 No. 1 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (March 202
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i1.369

Abstract

This study examines the concept of reverse burden of proof in musharakah dispute resolution in Indonesia. Musharakah, as a profit and loss sharing-based Islamic economic instrument, faces the challenge of information imbalance between active and passive partners, which disadvantages passive partners in proving loss disputes. This normative research uses statutory, conceptual, and case study approaches to court decisions. The results show that Fatwa DSN-MUI No. 105/DSN-MUI/X/2016 introduces a new norm that allows the manager to guarantee the return of capital if the loss is caused by negligence, exceeding limits, or violating the terms of the contract. This concept is in line with the principle of strict liability and is supported by several scholarly views based on 'urf, tuhmah, maslahah, and dal?lat al-??l. The case study shows that the manager can prove that the business loss did not result from bad faith. The application of the reverse burden of proof in musharakah disputes is important to achieve justice and address information imbalance.
Co-Authors Hari Purwadi Moh Ahza Ali Musthofa