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All Journal Prophetic Law Review Indonesia Private Law Review
Wirayudha, Dimas Putra
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Transforming Sharia Economic Dispute Resolution through E-Court for Simple, Fast, and Affordable Justice Asyiqin, Istianah Zainal; Fitriyanti, Fadia; Susila, M. Endriyo; Akbar, M. Fabian; Wirayudha, Dimas Putra
Prophetic Law Review Vol. 7 No. 2 December 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol7.iss2.art1

Abstract

This study critically examines the implementation of the electronic court (e-Court) system in resolving Sharia economic disputes within Indonesia’s Religious Courts, focusing on selected jurisdictions in Jakarta, Yogyakarta, Central Java, and East Java. Introduced through Supreme Court Regulations No. 1 of 2019 and No. 7 of 2022, the e-Court system aims to modernize judicial processes and realize justice that is simple, fast, and affordable. Using a qualitative descriptive approach, the research draws on data from eight Religious Courts: East Jakarta, South Jakarta, Sleman, Wonosari, Sidoarjo, Surabaya, Pemalang, and Slawi, through interviews, observation, and document analysis. Findings show that while the e-Court system enhances administrative efficiency and transparency, its implementation remains uneven. Urban courts such as Jakarta and Surabaya demonstrate successful digital integration, whereas Wonosari, Pemalang, and Slawi face obstacles in infrastructure, internet access, and digital literacy. These disparities create hybrid practices and raise concerns about procedural validity and data security. From a prophetic law perspective, the e-Court reform embodies the moral ideals of humanization (amar ma’ruf), liberation (nahi munkar), and transcendence (tu’minuna billah). However, unequal access to digital justice contradicts these prophetic values. The study concludes that achieving ethical and inclusive digital transformation requires embedding prophetic legal principles into judicial policy to ensure that modernization serves humanity and justice, not merely administrative efficiency.
RECONCILING OWNERSHIP RISK UNDER ISLAMIC ECONOMIC LAW: COMPARATIVE ANALYSIS OF INDONESIAN AND MALAYSIAN CONTRACTS Asyiqin, Istianah Zainal; Akbar, M. Fabian; Wirayudha, Dimas Putra; Abul Hisyam, Ayesha
Indonesia Private Law Review Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i2.4545

Abstract

Ownership risk (daman milkiyyah) is a core doctrine in Islamic contract law, as it determines the lawful transfer of liability and entitlement to profit in financial transactions, and its misallocation may result in products that are formally Sharia compliant but substantively deficient. This study aims to (1) clarify the juristic foundations of daman milkiyyah and (2) assess its implementation in contemporary Islamic banking products in Indonesia and Malaysia. Using a normative and comparative legal methodology, the research examines statutory and regulatory frameworks, Sharia rulings and fatwas, including those of DSN MUI and Malaysian Sharia governance bodies, classical and contemporary fiqh literature, documented banking practices, and maqasid al sharia as an evaluative lens. The findings reveal differences in regulatory architecture and product implementation between the two jurisdictions, which affect the consistency of ownership risk allocation across instruments such as murabaha, ijara, and asset based financing. These divergences indicate areas where governance standards and operational practices can be strengthened, and the study concludes that clearer ownership risk criteria aligned with maqasid al sharia are necessary to enhance transparency, ensure equitable risk distribution, and support the integrity and resilience of Islamic finance.
Co-Authors Abul Hisyam, Ayesha Akbar, M. Fabian Asyiqin, Istianah Zainal Fitriyanti, Fadia Susila, M. Endriyo