Studi Multidisipliner: Jurnal Kajian Keislaman
Vol 12, No 2 (2025)

Analysis of Variations in Sharia Economic Dispute Resolution System

Nurhikmah, Aulia (Unknown)
Madani, Farid (Unknown)
Ridwan, Ahmad Hasan (Unknown)
Bisri, Hasan (Unknown)



Article Info

Publish Date
08 Dec 2025

Abstract

This research aims to examine in depth these normative foundations and their implications for the practice of sharia economic dispute resolution in Indonesia. The success of the development of a national Islamic financial system is highly dependent on the effectiveness of dispute resolution mechanisms, so it is important to examine how Islamic law and positive law offer different but complementary approaches. This study uses a qualitative method with a literature study approach to explore developing dispute resolution models. The findings of the study show that in the perspective of Islamic law, the settlement of sharia economic disputes can be carried out through two main models: through judicial authority (qaḍā') and outside the judiciary (taḥkīm or ṣulḥ). Meanwhile, within Indonesia's positive legal framework, there are two main approaches, namely: (1) dispute resolution through litigation processes in judicial institutions, and (2) dispute resolution through non-litigation mechanisms outside of court, such as mediation, arbitration, or other forms of ADR. This study confirms that the diversity of dispute resolution models provides flexibility as well as challenges in efforts to realize justice and legal certainty in sharia economic practices in Indonesia.

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Journal Info

Abbrev

multd

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice

Description

Studi Multidisipliner: Jurnal Kajian Keislaman (Journal of Islamic Studies) published by Postgraduate IAIN Padangsidimpuan (now the status has changed to State Islamic University Syekh Ali Hasan Ahmad Addary Padangsidimpuan). This journal was started in 2014, when it was still in the form of P-ISSN: ...