The Effectiveness of Sharia Economic Dispute Resolution Between Religious Court and National Sharia Arbitration Board
Sharia economic dispute is a conflict of interest or loss for either party to the business or activities carried out by individuals, groups of people, or business entities that are legal or not legal entities to meet the needs of a commercial and non-commercial nature according to sharia principles....
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| Format: | UMS Journal (OJS) |
| Language: | eng |
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Muhammadiyah University Press
2022
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| Online Access: | https://journals.ums.ac.id/index.php/jisel/article/view/19709 |
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| author | Aziz, Muhammad Abdul Sasongkojati, Fardan Bintang Agung |
| author_facet | Aziz, Muhammad Abdul Sasongkojati, Fardan Bintang Agung |
| author_sort | Aziz, Muhammad Abdul |
| collection | OJS |
| description | Sharia economic dispute is a conflict of interest or loss for either party to the business or activities carried out by individuals, groups of people, or business entities that are legal or not legal entities to meet the needs of a commercial and non-commercial nature according to sharia principles. Furthermore, it can be resolved through litigation or judicial and non-litigation, or out-of-court lines. Resolution disputes through religious courts always takes a long time and complicated administration, but until now is it still in high demand by justice seekers. There is dispute resolution outside the judiciary, one of which is arbitration through National Sharia Arbitration Board (BASYARNAS) which can be the solution. This paper is a qualitative research study with a case was taken from Religious Court Class 1A Sleman and BASYARNAS Representative In Yogyakarta. The findings of this study provide the results dispute resolution in religious courts is more desirable because it has more executive powers than BASYARNAS, and also religious courts hold the absolute authority of sharia economic dispute resolution and religious courts spread throughout districts in Indonesia, so religious courts are very easy to find, in contrast to BASYARNAS whose existence is still in every capital of several provinces in Indonesia. Religious courts are superior because of the quality of judges, their presence in every district in Indonesia, and the culture of the people. |
| format | UMS Journal (OJS) |
| id | oai:ojs2.journals.ums.ac.id:article-19709 |
| institution | Universitas Muhammadiyah Surakarta |
| language | eng |
| publishDate | 2022 |
| publisher | Muhammadiyah University Press |
| record_format | ojs |
| spelling | oai:ojs2.journals.ums.ac.id:article-19709 The Effectiveness of Sharia Economic Dispute Resolution Between Religious Court and National Sharia Arbitration Board Aziz, Muhammad Abdul Sasongkojati, Fardan Bintang Agung Religious Court, BASYARNAS, Dispute Resolution, Shariah Economy Sharia economic dispute is a conflict of interest or loss for either party to the business or activities carried out by individuals, groups of people, or business entities that are legal or not legal entities to meet the needs of a commercial and non-commercial nature according to sharia principles. Furthermore, it can be resolved through litigation or judicial and non-litigation, or out-of-court lines. Resolution disputes through religious courts always takes a long time and complicated administration, but until now is it still in high demand by justice seekers. There is dispute resolution outside the judiciary, one of which is arbitration through National Sharia Arbitration Board (BASYARNAS) which can be the solution. This paper is a qualitative research study with a case was taken from Religious Court Class 1A Sleman and BASYARNAS Representative In Yogyakarta. The findings of this study provide the results dispute resolution in religious courts is more desirable because it has more executive powers than BASYARNAS, and also religious courts hold the absolute authority of sharia economic dispute resolution and religious courts spread throughout districts in Indonesia, so religious courts are very easy to find, in contrast to BASYARNAS whose existence is still in every capital of several provinces in Indonesia. Religious courts are superior because of the quality of judges, their presence in every district in Indonesia, and the culture of the people. Muhammadiyah University Press 2022-10-10 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://journals.ums.ac.id/index.php/jisel/article/view/19709 10.23917/jisel.v5i2.19709 Journal of Islamic Economic Laws; Vol 5, No 2: July 2022; 216-245 2655-9617 2655-9609 eng https://journals.ums.ac.id/index.php/jisel/article/view/19709/7945 Copyright (c) 2022 Journal of Islamic Economic Laws https://creativecommons.org/licenses/by-sa/4.0 |
| spellingShingle | Religious Court, BASYARNAS, Dispute Resolution, Shariah Economy Aziz, Muhammad Abdul Sasongkojati, Fardan Bintang Agung The Effectiveness of Sharia Economic Dispute Resolution Between Religious Court and National Sharia Arbitration Board |
| title | The Effectiveness of Sharia Economic Dispute Resolution Between Religious Court and National Sharia Arbitration Board |
| title_full | The Effectiveness of Sharia Economic Dispute Resolution Between Religious Court and National Sharia Arbitration Board |
| title_fullStr | The Effectiveness of Sharia Economic Dispute Resolution Between Religious Court and National Sharia Arbitration Board |
| title_full_unstemmed | The Effectiveness of Sharia Economic Dispute Resolution Between Religious Court and National Sharia Arbitration Board |
| title_short | The Effectiveness of Sharia Economic Dispute Resolution Between Religious Court and National Sharia Arbitration Board |
| title_sort | effectiveness of sharia economic dispute resolution between religious court and national sharia arbitration board |
| topic | Religious Court, BASYARNAS, Dispute Resolution, Shariah Economy |
| topic_facet | Religious Court, BASYARNAS, Dispute Resolution, Shariah Economy |
| url | https://journals.ums.ac.id/index.php/jisel/article/view/19709 |
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