Mohamad Nur Yasin
Fakultas Syariah UIN Maulana Malik Ibrahim Malang

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Journal : JOURNAL OF INDONESIAN ISLAM

THE PLURALISM OF ISLAMIC ECONOMIC LAW: Dialectic of Moslem and non-Moslem in the Development of Sharia Banking in Indonesia Mohamad Nur Yasin
JOURNAL OF INDONESIAN ISLAM Vol 10, No 1 (2016)
Publisher : State Islamic University (UIN) of Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (609.945 KB) | DOI: 10.15642/JIIS.2016.10.1.113-138

Abstract

The Fact that Moslems live in various places with diversity in terms of sociological, geographical and cultural aspect leads to law pluralism. Both western law and Islamic law acknowledge the concept of diversity of law (law pluralism). In this regard, this essay tried to show that the development of Islamic economic law including the sharia banking in Indonesia has unique characteristic since its development has the involvement of Moslems and Non-Moslems. The essay shows that the involvement of both Moslems and non-Moslems in the formulation process of Sharia Banking Act and its implementation is affected by ideological and political argumentation, juridical and economic argumentation, and social cultural perspective. The process involving Moslem and non-Moslem in the formulation process and implementation of Sharia Banking Act can be considered relational dialectic that consist of thesis, antithesis, and synthesis.