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All Journal Istinbath : Jurnal Hukum MILRev: Metro Islamic Law Review
Harry Yuniardi
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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The Effectiveness of Sharia Economic Dispute Resolution in the Commercial Court related to Sharia Bankruptcy after the Constitutional Court Decision No. 93/PUU-X/2012 concerning Legal Certainty in the Settlement of Sharia Banking Cases Harry Yuniardi; Muhamad Kholid; Laras Shesa
Istinbath : Jurnal Hukum Vol 21 No 02 (2024): Istinbath: Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v21i02.10153

Abstract

This research aims to identify the sources of material and formal law applied in the settlement of sharia economic disputes, evaluate the effectiveness of its implementation, and analyse the obstacles faced by religious courts at various levels. The data used includes cases in several religious courts and commercial courts in Indonesia in the period 2014-2020. This research uses a qualitative method with a descriptive-analytical approach. Data were collected through document studies, interviews with religious court judges, and a review of relevant laws and regulations. Analyses were conducted to evaluate the application of material and formal law in dispute resolution, as well as to identify obstacles faced by religious courts in practice. The results of the study show that the material legal sources used in resolving sharia economic disputes include the Qur'an, Hadith, DSN-MUI fatwas, laws and regulations, and jurisprudence. Formal legal sources still depend on HIR/RBg as well as special regulations such as PERMA No. 14 of 2016. The religious court institutionally has shown readiness by increasing human resources, applying technology through e-courts, as well as efforts to provide technical guidance and certification of sharia economic judges. Religious courts have great potential to become the main institution in resolving sharia economic disputes. Improving regulations, codifying procedural law, and establishing sharia commercial courts in the future are needed to ensure legal certainty and efficiency of the dispute resolution process.
Between Tradition and Sharia: Endogamous Marriage Practices in the Pesantren Community of Bandung Regency from a Contemporary Islamic Legal Perspective Harry Yuniardi; Diah Siti Sa’diah; Aziz Sholeh; Lena Ishelmiany Ziaharah; Christopher Michael Cason
MILRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.10624

Abstract

This study aimed to examine the practice of endogamy in the Pesantren community of Bandung Regency from the perspective of contemporary Islamic law, by highlighting the tension between social traditions and more universal sharia principles. Endogamy, as a practice of marriage between Pesantren residents, is believed to preserve Islamic values, maintain the honour of the nasab, and strengthen internal social networks. This research used a descriptive qualitative approach through field research, supported by quantitative survey data and normative analysis based on the theory of maqāṣid al-syarī'ah, legal sociology, and contemporary reinterpretation of tradition (urf). Data were obtained through questionnaires and in-depth interviews with students, alumni, and Pesantren leaders. The study results showed that most Pesantren residents supported the practice of endogamy for the similarity in values and maintaining the compatibility of couples based on the principle of kafā'ah. However, most respondents also realized this practice was more traditional than religious. On the other hand, the younger generation had a strong tendency to reassess the relevance of endogamy and the concept of kafā'ah in the modern context. This study concludes that the practice of endogamy and the meaning of kafā'ah in the Pesantren community need to be re-reflected through a contemporary Islamic legal approach that emphasizes the principles of justice, benefit, and respect for individual rights. These findings are expected to encourage a transformation of thinking in the Pesantren community towards a more contextual, inclusive, and progressive understanding of Islamic law.
Co-Authors Aziz Sholeh Christopher Michael Cason Diah Siti Sa’diah Laras Shesa Lena Ishelmiany Ziaharah Muhamad Kholid, Muhamad