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All Journal Al-Kharaj: Jurnal Ekonomi, Keuangan & Bisnis Syariah
Mohamad Anton
UIN Sunan Gunung Djati Bandung
Agriculture, Biological Sciences & Forestry Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Industrial & Manufacturing Engineering Social Sciences

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Penyelesaian Sengketa Perjanjian Syariah pada Lembaga Keuangan Syariah Jajang Herawan; Mohamad Anton
Al-Kharaj: Jurnal Ekonomi, Keuangan & Bisnis Syariah Vol. 6 No. 1 (2024): Al-Kharaj: Jurnal Ekonomi, Keuangan & Bisnis Syariah 
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/alkharaj.v6i1.203

Abstract

Settlement of Sharia Agreement Disputes in Islamic Financial Institutions is a positive endeavor to provide legal certainty for justice seekers. The settlement of muamalah disputes in the Islamic tradition has been carried out since the time of the Prophet Muhammad. This is done through a court mechanism known today as litigation and through shulh, fatwa, tahkîm, mazhalim, and hisbah or what is known today as non-litigation. The forms of muamalah dispute resolution that operate in special Islamic financial institutions (LKS) that are currently in effect are almost the same as those that were in effect at the time of the Prophet. The path of litigation through the judiciary and the path of non-litigation through peace or alternative dispute resolution is known in fiqh as shulh, while the route through arbitration or in fiqh terminology is called tahkîm.
Co-Authors Jajang Herawan