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The embodiment of Islamic personality principles in sharia economic dispute resolution in Indonesia

Author

Listed:
  • Devianty Fitri

    (Faculty of Law, Brawijaya University)

  • Thohir Luth

    (Faculty of Law, Brawijaya University)

  • Sihabudin

    (Faculty of Law, Brawijaya University)

  • Bambang Winarno

    (Faculty of Law, Brawijaya University)

Abstract

This study aims to determine the manifestation of the Islamic Personality Principle in the settlement of Islamic Economic disputes in Indonesia, both litigation and non-litigation. This research is normative legal research using a historical approach and legislation related to the embodiment of Islamic Personality Principles in sharia economic disputes. Based on the results of the study, it is known that the manifestation of the Islamic Personality Principle in the settlement of Sharia Economic disputes is seen in proceedings in the religious courts, in which the judges who resolve the cases are Muslims and the procedural law used is based on the Al-Quran and Hadith. Whereas in the settlement of sharia economic disputes with non-litigation mechanisms such as in Basyarnas, the manifestation of the Islamic Personality Principle is seen in the selection of arbitrators, that the arbitrators at Basyarnas are Muslims and the legal basis used in resolving sharia economic disputes is the Al-Quran and Hadith. Key Words:Islamic Personality Principles; Sharia Economic dispute

Suggested Citation

  • Devianty Fitri & Thohir Luth & Sihabudin & Bambang Winarno, 2022. "The embodiment of Islamic personality principles in sharia economic dispute resolution in Indonesia," International Journal of Research in Business and Social Science (2147-4478), Center for the Strategic Studies in Business and Finance, vol. 11(5), pages 539-544, July.
    • Handle: RePEc:rbs:ijbrss:v:11:y:2022:i:5:p:539-544
    DOI: 10.20525/ijrbs.v11i5.1844
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