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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum International Journal of Integrative Sciences Jurnal Nuansa: Publikasi Ilmu Manajemen dan Ekonomi Syariah
Oyo Sunaryo
Unknown Affiliation
Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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Prosedur Penyelesaian Sengketa dalam Perbankan Syariah: Tinjauan Terhadap Kasus di Pengadilan Agama Tasikmalaya Eman Suherman; Ramdhani Wahyu Sururie; Oyo Sunaryo
Jurnal Nuansa : Publikasi Ilmu Manajemen dan Ekonomi Syariah Vol. 2 No. 1 (2024): Maret : Jurnal Nuansa : Publikasi Ilmu Manajemen dan Ekonomi Syariah
Publisher : Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61132/nuansa.v2i1.657

Abstract

Dispute resolution in sharia banking involves various methods, such as mediation, arbitration and court. Mediation is a voluntary process that allows the parties involved to reach an agreement with the help of a mediator. Arbitration is a method that results in a binding decision by a neutral arbitrator. Trial is a formal method that requires a longer process and higher costs, but produces binding decisions. Each method has advantages and disadvantages, and the choice of method must consider the characteristics of the dispute, the preferences of the parties involved, and compliance with sharia principles in Islamic banking. In conclusion, it is important to choose the dispute resolution method that best suits the Islamic banking context and the desired resolution objectives.
Interfaith Heirship in Islamic Jurisprudence: Exploring Ijtihad Approaches in Contemporary Legal Reforms Basarudin; Oyo Sunaryo; Fauzan Ali Rasyid
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6571

Abstract

This study explores the complex issue of interfaith heirship within the framework of Islamic jurisprudence, focusing on contemporary efforts to reinterpret traditional doctrines through ijtihad. Classical Islamic law generally prohibits non-Muslim heirs from inheriting from Muslim relatives, a stance rooted in historical socio-religious contexts. However, in response to evolving pluralistic societies and the growing demand for legal inclusivity, contemporary Muslim scholars and legal reformers have initiated various ijtihad-based approaches to reassess this prohibition. Employing a qualitative normative legal method, this research examines key classical texts, modern fatwas, and statutory reforms in selected Muslim-majority countries. The findings reveal a dynamic spectrum of scholarly opinions, ranging from strict adherence to traditional rulings to more progressive reinterpretations that emphasize maqasid al-shariah (the objectives of Islamic law), particularly justice, family unity, and human dignity. The study concludes that while doctrinal tensions remain, ijtihad presents a legitimate and evolving mechanism to harmonize Islamic inheritance law with contemporary legal and social realities, thereby promoting more inclusive and contextually responsive interpretations.
Sharia Cooperative Business Dispute Resolution in Indonesia Accepted Under the Guidelines of Sharia Economic Law Nurjamil; Oyo Sunaryo; Atang Abdul Hakim
International Journal of Integrative Sciences Vol. 3 No. 1 (2024): January 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijis.v3i1.7746

Abstract

The purpose of this study was to clarify how Sharia Economic Law is used to settle disputes involving cooperative businesses in Indonesia. This study uses a qualitative approach to the literature to investigate secondary data sources pertaining to Indonesian legislation and regulations pertaining to commercial conflict resolution. The findings demonstrated the crucial role that sharia cooperatives play in the Islamic economic system, particularly as a substitute finance source for the lower middle class. According to Indonesia's legal system, sharia business disputes, including those involving sharia cooperative businesses, can be settled through family mediation, legal proceedings in religious courts with absolute jurisdiction, arbitration, or alternative dispute resolution organizations like LAPSPI (banking), BMAI (insurance), BMDP (pension funds), BAPMI (capital market), BMPPVI (venture capital), and BAMPPI (guarantee). The establishment of LAPS Cooperatives that mesh well with the cooperative's spirit and have access to human resources with expertise in sharia-based cooperative business become crucial factors to take into consideration. Sharia cooperatives are seen as a unique type of business entity that operate member-based businesses that simultaneously hold two statuses (owner and user) and cooperative wealth owned by all cooperative members who run their businesses according to sharia principles
Co-Authors Basarudin Eman Suherman Fauzan Ali Rasyid Hakim, Atang Abdul Nurjamil Ramdhani Wahyu Sururie