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All Journal Jurnal Hukum Ekonomi Syariah Referensi Islamika: Jurnal Studi Islam
Ridwan Malik
Universitas Muhammadiyah Makassar
Religion Humanities Economics, Econometrics & Finance

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Strengthening Judicial Authority In Sharia Economic Disputes: A Legal Study Of Indonesia’s Religious Courts Ridwan Malik; M. Thahir Maloko; Fatmawati Fatmawati
Jurnal Hukum Ekonomi Syariah Vol. 9 No. 2 (2025): Desember 2025
Publisher : Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/csf64p78

Abstract

This study explores the legal and institutional dynamics of Sharia economic dispute resolution in Indonesia by analyzing the impact of Law No. 3 of 2006 and Law No. 50 of 2009 on the jurisdiction and functioning of the Religious Courts. In response to the rapid growth of Islamic finance, the study investigates how Indonesia's judiciary has adapted to accommodate Sharia-based commercial transactions. Using a normative-juridical approach and library-based legal research, the study evaluates primary legislation, court rulings, and relevant scholarly discourse. The findings show that Law No. 3 of 2006 significantly redefined the role of Religious Courts by formally granting them the authority to adjudicate Sharia economic disputes. Law No. 50 of 2009 further enhanced legal clarity and institutional capacity, thus fostering a supportive environment for Islamic finance. Despite these advancements, the implementation process faces persistent challenges. These include inadequate judicial training, underutilization of alternative dispute resolution methods, and procedural inconsistencies. The study also notes a lack of public trust in Religious Courts and insufficient integration between Sharia principles and national legal standards. The study concludes that while statutory reforms have laid a robust foundation comprehensive institutional and procedural adjustments are essential for ensuring legal certainty and promoting the legitimacy of Sharia economic dispute resolution. This research contributes to the growing discourse on Islamic legal reform and offers policy-relevant insights for harmonizing religious and national legal systems in pluralistic societies.
TA’WID AND GHARAMAH IN INDONESIA’S MURABAHA FINANCING: AN ISLAMIC LAW-AND-ECONOMICS ANALYSIS OF INCENTIVES AND CONSUMER PROTECTION Mega Mustika; Ridwan Malik; Hasanuddin; Mohd Aizul Yaakob
Referensi Islamika: Jurnal Studi Islam Vol. 4 No. 2 (2026): APRIL
Publisher : Academic Bright Collaboration

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66053/ri.v4i2.617

Abstract

This study examines why late-payment charges in Islamic banking remain contested, particularly at the boundary between legitimate cost recovery and prohibited time-based gain. It evaluates how taʿwīḍ (compensation) and gharāmah (penalty) are designed and whether they genuinely enhance consumer protection or risk operating as hidden pricing in Indonesian murābaḥah financing. A mixed normative–qualitative approach is employed by triangulating doctrinal analysis of Indonesian Sharia banking regulations and DSN–MUI fatwas, document review of contract templates and internal procedures, and semi-structured interviews with financing officers, Sharia Supervisory Board members, and affected customers. An Islamic law-and-economics framework is applied to assess incentive compatibility under information asymmetry and default risk. The study finds that taʿwīḍ is justifiable only when linked to verifiable incremental costs with clear evidentiary standards and ex ante disclosure. Gharāmah is effective as a deterrent only when revenue-neutral, transparently allocated, and properly governed. Key vulnerabilities include ambiguous contract clauses, weak disclosure mechanisms, and fragmented accountability structures. The study is limited to Indonesian murābaḥah practices and relies on qualitative data, which may affect generalizability across jurisdictions and contract types. This article offers a compliance-by-design framework separating taʿwīḍ and gharāmah in drafting and accounting, introducing cost-verification protocols, audit trails, and transparent dispute mechanisms to align Sharia compliance with modern consumer protection standards.
Co-Authors Fatmawati Nur Hasanuddin Mega Mustika Mohd Aizul Yaakob Tahir Maloko