Dispute Resolution in Islamic Economic Transactions: The Role and Function of Sharia Arbitration
Dispute resolution in Sharia economic transactions is essential to align settlement processes with Islamic legal principles. This study examines the function and role of Sharia-based arbitration, focusing on its alignment with the values of justice, efficiency, and confidentiality within Islamic law...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Muhammadiyah University Press
2025-02-01
|
| Series: | Journal of Islamic Economic Laws |
| Subjects: | |
| Online Access: | https://journals2.ums.ac.id/index.php/jisel/article/view/6340 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1849320191964479488 |
|---|---|
| author | Gunawan Widjaja |
| author_facet | Gunawan Widjaja |
| author_sort | Gunawan Widjaja |
| collection | DOAJ |
| description | Dispute resolution in Sharia economic transactions is essential to align settlement processes with Islamic legal principles. This study examines the function and role of Sharia-based arbitration, focusing on its alignment with the values of justice, efficiency, and confidentiality within Islamic law. Using a literature-based methodology, the research analyzes secondary data from legal sources and previous studies on Sharia arbitration in Indonesia, particularly the practices of the Sharia Arbitration Body (BASYARNAS-MUI). The findings indicate that Sharia arbitration offers a streamlined, confidential, and fair dispute resolution method, fostering outcomes based on Islamic values such as justice (adl), truth (haqq), and public good (maslahat). Unlike conventional court procedures, Sharia arbitration provides faster and more effective resolutions, while ensuring privacy and protecting the involved parties' reputations. The study also reveals that Sharia arbitration strengthens the application of Islamic law across various sectors, including finance and inheritance, by embedding ethical considerations into modern economic dispute resolutions. This research underscores the practicality and moral alignment of Sharia arbitration as a robust alternative to conventional litigation, offering readers insights into the benefits of a Sharia-compliant approach to economic dispute resolution. |
| format | Article |
| id | doaj-art-b2f6ecb3ef7d4e0aade6ef1d552b42e5 |
| institution | Kabale University |
| issn | 2655-9609 2655-9617 |
| language | English |
| publishDate | 2025-02-01 |
| publisher | Muhammadiyah University Press |
| record_format | Article |
| series | Journal of Islamic Economic Laws |
| spelling | doaj-art-b2f6ecb3ef7d4e0aade6ef1d552b42e52025-08-20T03:50:11ZengMuhammadiyah University PressJournal of Islamic Economic Laws2655-96092655-96172025-02-01801607810.23917/jisel.v8i01.63406370Dispute Resolution in Islamic Economic Transactions: The Role and Function of Sharia ArbitrationGunawan Widjaja0https://orcid.org/0000-0002-1558-362XUniversitas 17 Agustus 1945 JakartaDispute resolution in Sharia economic transactions is essential to align settlement processes with Islamic legal principles. This study examines the function and role of Sharia-based arbitration, focusing on its alignment with the values of justice, efficiency, and confidentiality within Islamic law. Using a literature-based methodology, the research analyzes secondary data from legal sources and previous studies on Sharia arbitration in Indonesia, particularly the practices of the Sharia Arbitration Body (BASYARNAS-MUI). The findings indicate that Sharia arbitration offers a streamlined, confidential, and fair dispute resolution method, fostering outcomes based on Islamic values such as justice (adl), truth (haqq), and public good (maslahat). Unlike conventional court procedures, Sharia arbitration provides faster and more effective resolutions, while ensuring privacy and protecting the involved parties' reputations. The study also reveals that Sharia arbitration strengthens the application of Islamic law across various sectors, including finance and inheritance, by embedding ethical considerations into modern economic dispute resolutions. This research underscores the practicality and moral alignment of Sharia arbitration as a robust alternative to conventional litigation, offering readers insights into the benefits of a Sharia-compliant approach to economic dispute resolution.https://journals2.ums.ac.id/index.php/jisel/article/view/6340dispute resolutiontransactionsislamic economicssharia arbitrationadr |
| spellingShingle | Gunawan Widjaja Dispute Resolution in Islamic Economic Transactions: The Role and Function of Sharia Arbitration Journal of Islamic Economic Laws dispute resolution transactions islamic economics sharia arbitration adr |
| title | Dispute Resolution in Islamic Economic Transactions: The Role and Function of Sharia Arbitration |
| title_full | Dispute Resolution in Islamic Economic Transactions: The Role and Function of Sharia Arbitration |
| title_fullStr | Dispute Resolution in Islamic Economic Transactions: The Role and Function of Sharia Arbitration |
| title_full_unstemmed | Dispute Resolution in Islamic Economic Transactions: The Role and Function of Sharia Arbitration |
| title_short | Dispute Resolution in Islamic Economic Transactions: The Role and Function of Sharia Arbitration |
| title_sort | dispute resolution in islamic economic transactions the role and function of sharia arbitration |
| topic | dispute resolution transactions islamic economics sharia arbitration adr |
| url | https://journals2.ums.ac.id/index.php/jisel/article/view/6340 |
| work_keys_str_mv | AT gunawanwidjaja disputeresolutioninislamiceconomictransactionstheroleandfunctionofshariaarbitration |