Development of a Progressive Hermeneutics Model in Sharia Economic Dispute Resolution: A Case Study of the Majene Religious Court Decision Number 1/Pdt.G.S/2024/PA. Mj

Nuzha Nuzha (Majene State Islamic College, Majene Regency, West Sulawesi Province, Indonesia)
Ardiansyah (Majene State Islamic College, Majene Regency, West Sulawesi Province, Indonesia)
Ilham Usman (Majene State Islamic College, Majene Regency, West Sulawesi Province, Indonesia)

Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 2 (2025): Pena Justisia

This article presents a progressive hermeneutic model as an interpretive framework for resolving Sharia economic disputes, using a case study of the Majene Religious Court Decision Number 1/Pdt.G.S/2024/PA.Mj. This research is driven by the finding that the judge’s hermeneutic approach in Sharia economic cases remains dominated by a legal-formal orientation, particularly in cases resolved through a peace deed. The standard clauses of Islamic banking, the limited scope for judicial interpretation, and the weak protection of vulnerable parties within the contractual structure indicate the need for a more responsive hermeneutic framework, grounded in the principle of substantive justice and based on maqāṣid al-shari’ah. Using normative-empirical methods, this study develops a progressive hermeneutic model grounded in three pillars: normative texts, socio-economic contexts, and the moral goals of Islamic law.