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All Journal Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory
Ramadhana, Yulia
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Praktik Muamalah Tradisional dan Penyelesaian Sengketa dalam Masyarakat Banjar Safitri, Maulidita; Pradana, Neco Erlin; Ramadhana, Yulia; Rukmawati, Desyana Putri; Putri, Riska Yunita; Rahmaniah, Amelia; Hanafiah, M.
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.v3i4.1544

Abstract

The Banjar community is recognized as an ethnic group with a strong integration of Islamic teachings and local customs in its social and economic life. Traditional muamalah practices, particularly in buying and selling transactions, reflect the internalization of Islamic legal principles within long-standing local traditions. In addition, the Banjar people have a distinctive mechanism for dispute resolution known as adat badamai, which emphasizes deliberation, peace, and the restoration of social harmony. This study aims to examine traditional muamalah practices of the Banjar community and their dispute resolution mechanisms from the perspective of Islamic economic law and local wisdom. This research employs a qualitative approach using library research methods. Data were collected from relevant literature, including books, academic journals, and previous studies. The findings indicate that the tradition of explicitly pronouncing contractual statements (ijab qabul) in Banjar buying and selling transactions is consistent with the principles of Islamic muamalah and does not contradict Islamic law. Furthermore, dispute resolution through adat badamai reflects the values of justice, public interest (maslahah), and peace, which are central objectives of Islamic law. This study concludes that Banjar traditional muamalah practices and dispute resolution mechanisms remain highly relevant as models of local wisdom–based dispute settlement within contemporary Islamic legal and social contexts.
Model Penyelesaian Sengketa Secara Litigasi Ramadhana, Yulia; Munawwarah, Munawwarah; Putri, Riska Yunita; Hasan, Ahmadi; Mariani, Mariani
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 4 No. 1 (2026)
Publisher : Sharia Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v4i1.1614

Abstract

The rapid and complex development of the Islamic economy has the potential to cause various disputes between the parties involved. This condition requires a dispute resolution mechanism that is capable of providing legal certainty and justice in accordance with Islamic principles. One of the mechanisms used is dispute resolution through litigation, namely dispute resolution through judicial institutions using applicable procedural law, which is considered a last resort (ultimum remedium) if attempts at dispute resolution outside of court are unsuccessful. This study uses a normative juridical research method with a legislative and conceptual approach. The research data was obtained through a literature study by examining laws and regulations related to the settlement of sharia economic disputes, legal doctrines, and relevant scientific literature. This approach is used to analyze the concepts, mechanisms, and stages of dispute resolution through litigation in the Indonesian legal system, particularly in the context of Islamic economics. The results of the study show that litigation provides strong legal certainty through court decisions that have binding force, evidentiary force, and executory force. However, litigation also has weaknesses, such as a relatively long process and high costs. Therefore, litigation remains an important option in resolving Islamic economic disputes when non-litigation efforts fail to reach an agreement, as it is able to provide legal protection and justice for the parties.
Co-Authors Ahmadi Hasan Amelia Rahmaniah M. Hanafiah Mariani Mariani Munawwarah Munawwarah, Munawwarah Pradana, Neco Erlin Putri, Riska Yunita Rukmawati, Desyana Putri Safitri, Maulidita