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All Journal Justisia Ekonomika Shar-E: Jurnal Kajian Ekonomi Hukum Syariah
Fadlila, Annisa Zakiyatul
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Penerapan Prinsip Hukum Ekonomi Syariah dalam Penyelesaian Wanprestasi Akad Murabahah: Studi Kasus di Pengadilan Agama Situbondo Fadlila, Annisa Zakiyatul; Muallifin, Darin Arif
Shar-E : Jurnal Kajian Ekonomi Hukum Syariah Vol. 11 No. 2 (2025): Shar-E: Jurnal Kajian Ekonomi Hukum Syariah
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/shar-e.v11i2.4454

Abstract

Murabahah financing, as a prevalent Islamic banking product, frequently encounters default issues requiring resolution that aligns with sharia principles. This study aims to analyze the application of sharia economic law principles in resolving Murabahah contract defaults at the Situbondo Religious Court. Employing a qualitative method with a normative juridical approach, this research analyzes court verdict documents as primary data, supplemented by DSN-MUI fatwas and relevant literature as secondary data. The findings indicate that while the Murabahah contract formally fulfilled its pillars and conditions, the implementation of sharia principles in default resolution faced challenges, particularly regarding the imposition of late penalties that did not fully reflect the principles of justice (al-'adl) and compensatory damages (ta'widh). The study concludes that despite procedural adherence, substantive sharia compliance requires greater attention, especially in sanction clauses. It recommends enhanced socialization and assistance for sharia financial institutions to ensure comprehensive alignment of financing practices with sharia principles, encompassing both formal and substantive aspects of the contract.
PEACE ACTS AS AN ALTERNATIVE FOR SHARIA FINANCING DISPUTE SETTLEMENT: A CASE STUDY OF THE MAGETAN RELIGIOUS COURT DECISION No. 57/Pdt.GS/2025/PA.Mgt fadlila, annisa zakiyatul; Rohmawati, Rohmawati; dwiyanti, erma
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 9 No 2 (2025): Desember 2025
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v9i2.28701

Abstract

Borrowing money through Islamic financial institutions has become a necessity for society. However, Islamic financing practices are still exposed to credit risks such as arrears and bad debts. Such cases require effective solutions that protect both the bank and the customer. One practical and legally binding option is a court-approved settlement agreement. The choice of a settlement agreement in this study is based on the consideration that litigation is often time-consuming, costly, and causes tension between parties. In contrast, a settlement agreement offers a faster, more efficient process while providing legal certainty equivalent to a court ruling. It also reflects the Islamic principle of ishlah (peace), which upholds deliberation and justice without neglecting legal certainty. This study aims to analyze the role of settlement agreements in resolving problematic Islamic financing disputes, with a case study of the Magetan Religious Court Decision No. 57/Pdt.GS/2025/PA.Mgt. The research uses a normative juridical method with a case approach through literature review, decision documentation, and references to procedural civil and Islamic economic law. The results show that the dispute between PT. BPRS (Perseroda) and the customer were resolved through a peace agreement involving payment of arrears and one-year financing restructuring, confirmed by the judge as a valid settlement. The study concludes that a settlement agreement is an effective, quick, and just dispute resolution instrument aligned with the principles of deliberation and justice in Islamic law.
Co-Authors dwiyanti, erma Muallifin, Darin Arif Rohmawati Rohmawati