Presentation Transcript

1. Dispute Settlement of Shariah Banking Through Religious Court

   By: NovianaDwiHapsari 20090610019 IPOLS
2. Outline Introduction Legal Basic Procedure of Litigation Conclusion
3. Introduction Shariah economic not only known in Islamic State but also in the Non-Islamic State. In the beginning on the development of the shariah banking in Indonesia, there is no such court that deal specifically with the matters of shariah. Religious Courts have had a new competence to handle disputes, especially in shariah economic dispute.
4. Cont… Source of law in dispute settlement of the shariah banking: Agreement Act Jurisprudence Custom International treaty Science
5. Legal Basic Religious Court Act no 3 / 2006 on Amendment of Law no 7/ 1989 Religious Courts have had a new competence to handle disputes, especially in shariah economic dispute. Section 49 (i) states that Religious Court has a duty and authority to examine, decide, and resolve cases concerning shariah economic.
6. Proscedure of Litigation Make sure that the case isn’t a clause contract cases. The aim is to avoid that religious court decide the case beyond their authority. Studied carefully regarding the contract (akad) between the parties.
7. Cont.. Main principle of dispute settlement in shariah banking: - The main principle that must be fully understood in handling shariah banking cases is the process of resolving the matter at all shouldn’t contradict with shariah principle.
8. Conclusion Religious Courts have had a new competence to handle disputes, especially in shariah economic dispute. Based on the Law no 3 / 2006 concerning Religious Court The process of resolving the matter at all shouldn’t contradict with shariah principle
9. References http://hasyimsoska.blogspot.com/2011/07/normal-0-false-false-false-en-us-x-none.html http://repository.usu.ac.id/bitstream/123456789/30114/3/Chapter%20II.pdf

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