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Asya Zilkhilmi
The University of Western Australia, Australia

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This Readiness of Electronic Mediation for Sharia Fintech Dispute Resolution in Indonesia nasih ulwan; Dwi Tanur Juliatun; Asya Zilkhilmi
Al Ahkam Vol. 22 No. 1 (2026): Januari-Juni 2026
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v22i1.13207

Abstract

The rapid growth of Sharia financial technology in Indonesia has produced disputes that arise entirely in a digital environment, while the procedural instruments available to settle them were designed for face-to-face civil proceedings. This study asks how well prepared the electronic mediation framework now in force is for such disputes and whether it conforms to the principles of Islamic economic law. The research is qualitative doctrinal legal research that combines statutory, conceptual, and analytical approaches, and it examines Supreme Court Regulation Number 3 of 2022 alongside instruments governing electronic transactions, personal data protection, financial-sector dispute resolution, and sharia compliance. Six normative findings are established: procedural legitimacy exists but is consent-based and court-annexed; no mechanism for verifying sharia compliance is provided; electronic evidence is admissible under general law yet unstandardized within the mediation process itself; personal data protection is not integrated into the procedure; institutional integration with the financial services sector is absent; and mediator qualification is generic. Assessed against ash-shulh, shura, al-'adl, and maqasid al-shariah used as analytical criteria rather than as description, electronic mediation conforms in substance, while its institutional design falls short. A Sharia Online Dispute Resolution model is derived from those six findings as the principal output of the study.