Urgensi Hukum Perikatan Islam dalam Penyelesaian Sengketa Ekonomi Syariah
Abstract: This article is
aimed to oversee sharia economic legal lawsuit through litigation in court with
analyzing judge capability in this lawsuit. This issue is important because every
sharia economic activities is based on what contract (akad) contains. The
article analyses law of engagement based on Indonesia civil law or Borgelijk
Wetboek (BW), law of convention based on sharia economic law compilation,
sharia court authority, and sharia economic lawsuit solution steps through
litigation. It concludes that a judge should able to dig material justice,
including in civil law so her/his decision aimed to reform and invention of law
(rechtsvinding). As a new jurisdiction to sharia court, sharia economic lawsuit
has still a few law instruments that imply the need for a judge to oversee
justice values living in people. Formulation of sharia economic law decision
should not be separated from sharia law of engagement.
Keywords: sharia economic,
sharia law, legal, civil law, jurisdiction
Penulis: Achmad Fauzi
Kode Jurnal: jpperadabanislamdd090066
