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All Journal Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Madura Et-Tijarie: Jurnal Hukum dan Bisnis Syariah Al-Ihkam: Jurnal Hukum dan Pranata Sosial Al-Amwal : Journal of Islamic Economic Law KABILAH : Journal of Social Community Jurnal Al-Dustur As-Syar'i : Jurnal Bimbingan & Konseling Keluarga Accounting Journal of Ibrahimy (AJI)
Moh. Hipni
Fakultas Keislaman Universitas Trunojoyo Madura
Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Wanprestasi in the Murabahah Agreement: Juridical Analysis of Decision Number 1/Pdt.G.S/2022/PA. At the Religious Court of Appeal Nurhisna Nurhisna; Mohammad Hipni; Busro Karim
Et-Tijarie Vol 11, No 1: Juni 2026
Publisher : Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ete.v11i1.34380

Abstract

This study examines the judicial reasoning underlying the resolution of a sharia economic dispute concerning breach of contract in a murabahah financing agreement, as reflected in Decision Number 1/Pdt.G.S/2022/PA.At. The research employs a normative juridical method using statutory and case approaches. Primary legal materials consist of the court decision and relevant Indonesian regulations governing Islamic finance, while secondary materials include scholarly literature on contract and Islamic commercial law. The findings reveal that the court declared the murabahah agreement legally valid and binding because it fulfilled both statutory requirements and sharia principles. The defendant was found to have committed a default by failing to perform contractual obligations despite prior warnings. The judgment demonstrates the integration of Indonesian civil law and Islamic legal principles, particularly pacta sunt servanda and al-wafā’ bi al-'uqūd (the obligation to honor contracts), in ensuring legal certainty and contractual justice. Furthermore, the decision illustrates that the enforcement of collateral constitutes a legitimate legal remedy in resolving Islamic financing disputes when conducted in accordance with contractual provisions and applicable legislation. The ruling reinforces the principles of legal certainty, fairness, and the protection of parties' rights within Indonesia's sharia economic dispute resolution system
RESEARCH TRENDS IN ISLAMIC FAMILY LAW: A BIBLIOMETRIC ANALYSIS OF SCOPUS PUBLICATIONS (2000–2024) Galuh Widitya Qomaro; Mohammad Hipni; Zakiyatus Soimah; Erie Hariyanto; Nurfadhilah Che Amani
Jurnal Al-Dustur Vol 9 No 1 (2026): JUNE
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v9i1.10392

Abstract

The last 20 years have seen a growing interest in Islamic Family Law among scholars with a significant number of studies being published in international settings. The current paper evaluates the trend in the research activities in relation to Islamic Family Law across the world between the year 2000 and the year 2024. This study used data out of the Scopus journal. A systematic bibliometric analysis shows that the number of articles has grown since 2015 because of the increased interest in women's issues worldwide, the necessity to introduce changes in Muslim states, and the connection between the Islamic family law and other legal systems. Malaysia, Indonesia, Pakistan and Egypt are also considered to be some of the pioneer countries which study Islamic Family Law and the western countries that have a problem of Muslim minority also have made remarkable contributions in the study of Islamic Family Law. This paper is a critique and synthesis of the literature on issues like polygamy, divorce, and child marriage through sentiment analysis and elicits the potential opinions at both ends of the spectrum. The results indicate that research on Islamic Family Law has expanded across multiple dimensions. However, the NVivo thematic coding reveals recurring concerns regarding compatibility between Islamic family law and international human rights norms, particularly in discussions on gender equality and child marriage. This paper intends to scope the existing field in hopes of covering contemporary discourses by focusing on the Islamic Family Law research field and detailing the evolution of the field and mapping its prominent scholars.
Co-Authors Achmad Amir Farros Ahmad Musadad Andianita Nur Illahiyah Illahiyah Busro Karim Erie Hariyanto Galuh Widitya Qomaro Moh Karim Nindy Febrianti Nurfadhilah Che Amani Nurhisna Nurhisna Risalatul Ummah Riza Siptia Wulandari Shofiyun Nahidloh Syamsi, Achmad Badarus Zakiyatus Soimah