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All Journal Journal of Applied Business, Taxation and Economics Reseach Focus: Jurnal of Law Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory
Hakim, Atang Abd.
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Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Resolving Sharia Economic Disputes In Indonesia: Principles, Legal Frameworks, And Implementation Challenges Hafizd, Jefik Zulfikar; Mukhlas, Oyo Sunaryo; Hakim, Atang Abd.
FOCUS: Jurnal of Law Vol 5 No 1 (2024): Focus: March Edition
Publisher : Faculty of Law Universitas 17 Augustus 1945 Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47685/focus.v5i1.607

Abstract

The resolution of Sharia economic disputes requires compliance, stability, public trust, and protection of rights and business relationships. This qualitative research uses a normative juridical approach with library research to analyze the Sharia economic dispute resolution system in Indonesia. The study covers Sharia economic disputes, Sharia principles, the authority of Religious Courts, dispute resolution methods, and challenges in implementing Sharia principles. The findings show that Sharia economic disputes arise from transactions or activities based on Islamic principles. Key principles in dispute resolution include justice, Sharia compliance, consultation, agreement, confidentiality, consensus, and non-discrimination. Religious Courts have exclusive authority over Sharia economic cases based on Law No. 3/2006, the Constitutional Court Decision No. 93/PUU-X/2012, and Supreme Court Regulation No. 14/2016. Disputes can be resolved through litigation or non-litigation methods such as mediation or arbitration. Challenges include limited legal awareness, legal complexity, infrastructure issues, legal harmonization, and differing interpretations.
Usus Al-Syari’ah Fi Al-Muamalah: Tabadul Al-Manafi Didalam Produksi Nuranisyah, Siti; Hasanuddin, Muhammad; Hakim, Atang Abd.
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 3 No. 4 (2025)
Publisher : Sharia Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v3i4.1573

Abstract

This study aims to analyze the application of the principle of tabadul al-manafi in production within the framework of Islamic muamalah. The research was conducted using a qualitative approach with a literature review method, focusing on primary sources such as fiqh muamalah texts and secondary sources from recent academic journals. The results indicate that the implementation of tabadul al-manafi in production creates a more just, sustainable, and mutually beneficial economic system. This principle ensures that all parties involved in production receive proportional benefits, without exploitation or harm to any party. The findings support the hypothesis that tabadul al-manafi enhances distributive justice, efficiency, and social harmony in production processes. In conclusion, the principle of tabadul al-manafi is fundamental for building a fair and sustainable economic system in accordance with Islamic values. Further research is recommended to develop practical models for implementing this principle in various industries and to empirically evaluate its impact on corporate performance and social welfare.
DSN-MUI Fatwa as a Source of Law in the National Sharia Economic Legal System Mualim, Mualim; Mukhlas, Oyo Sunaryo; Hakim, Atang Abd.
Journal of Applied Business, Taxation and Economics Research Vol. 5 No. 3 (2026)
Publisher : PT. EQUATOR SINAR AKADEMIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54408/jabter.v5i3.568

Abstract

The development of Islamic economic law in Indonesia is inseparable from the contribution of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI), as a religious authority that issues fatwas on contemporary muamalah practices. DSN-MUI fatwas not only serve as normative guidelines for the operations of Islamic financial institutions but also serve as substantive references in the formation of national Islamic economic regulations. This article aims to examine the position and legal force of DSN-MUI fatwas in the Indonesian legal system, while also analyzing the mechanisms for transforming religious norms into positive law. This research uses a normative juridical approach with a qualitative-descriptive analysis method of laws and regulations, DSN-MUI fatwas, and court decisions related to Islamic economic disputes. The results show that DSN-MUI fatwas occupy a strategic position as a source of material law that provides a normative basis for the birth of regulations, such as Law Number 21 of 2008 concerning Islamic Banking and various Financial Services Authority Regulations. However, formally, fatwas do not have direct binding force before being adopted into laws and regulations. Therefore, strengthening the synergy between religious authorities and state institutions is an important prerequisite for realizing a national Islamic economic legal system that is integrated, responsive, and equitable.
Co-Authors Jefik Zulfikar Hafizd Mualim, Mualim Muhammad Hasanuddin, Muhammad Mukhlas, Oyo Sunaryo Nuranisyah, Siti