<![CDATA[The authority of Religious Courts to resolve disputes concerning sharia bank financing is established under Religious Courts Law as part of sharia economic disputes. However, legal issues arise when a debtor fulfils the statutory requirements for bankruptcy under the Bankruptcy and Suspension of Debt Payment Obligations Law, placing the matter within the jurisdiction of the Commercial Court. This overlap raises questions regarding the limits of jurisdiction and legal certainty in resolving disputes arising from sharia financing. This study aims to examine the limits of the Religious Courts' authority in sharia bank financing disputes that result in bankruptcy and to analyse the legal certainty regarding the division of jurisdiction between the Religious Courts and the Commercial Courts. The research employs a normative legal method using statutory, conceptual, and case approaches. The findings indicate that the Religious Courts retain jurisdiction only while the dispute concerns the implementation of a sharia financing contract. Once the debtor is declared bankrupt, jurisdiction shifts to the Commercial Court. The study also finds a lack of harmonisation between the Islamic Banking Law, the Religious Courts Law, and the Bankruptcy Law. Therefore, the Bankruptcy Law should be revised to incorporate specific provisions on sharia bankruptcy.]]>
Copyrights © 2026
