Journal of Morality and Legal Culture
Vol 1, No 1 (2020): Journal of Morality and Legal Culture

Limitation of Application of Sharia Principles in Sharia Economic Dispute Resolution in Religious Courts

Zaidah Nur Rosidah (Faculty of Shariah, Institut Agama Islam Negeri, Surakarta, Indonesia)



Article Info

Publish Date
30 Jul 2020

Abstract

This paper aims to find the basis for the philosophical rationality of applying sharia principles in resolving sharia economic disputes in religious courts as well as the prerequisites required by religious court judges to apply sharia principles in resolving sharia economic disputes. The type of research used is normative legal research to find philosophical rationality and the institutionalization of sharia principles in resolving sharia economic disputes. The approach used is a conceptual approach. Secondary data were collected through literature study. The research results obtained first, the philosophical rationality of the application of sharia principles in sharia economic dispute resolution in line with the first and third principles of Pancasila. Second, the institutionalization of sharia principles becomes effective if there are prerequisites that must be met, firstly enough information for judges to understand sharia principles, secondly the obstacles that come from the judges themselves who are still oriented towards the flow of legism / positivism will have an effect on providing legal basis and third the speed of instilling the institutionalization of sharia principles can be done through education and training organized by the Supreme Court for Religious Court judges.

Copyrights © 2020






Journal Info

Abbrev

jmail

Publisher

Subject

Humanities Energy Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

Description

ournal of Morality and Legal Culture is a peer-reviewed journal published by the Doctoral of Legal Science Program, Faculty of Law, University of Sebelas Maret. It published twice times a year (July and December). This Journal aims primarily to facilitate scholarly and professional discussions over ...