KERANGKA PENYELESAIAN SENGKETA BISNIS SYARIAH

Authors

  • Atang Abd Hakim Fakultas Syariah dan Hukum UIN Bandung
  • Sofyan al-Hakim Fakultas Syariah dan Hukum UIN Bandung

DOI:

https://doi.org/10.18592/taradhi.v6i1.708

Abstract

Abstract: This paper discuss the concept of sharia binsis dispute resolution. In this paper explainedthat the agreement or contract Musharaka mutanaqishah arranged in a deed that fulfill the standard(pillars and conditions shirkah). Thus, tort committed by one of the parties can not be separated fromthe legal reference contained in the KUHPerdata and Kompilasi Hukum Ekonomi Syariah. Applicablelaw in Indonesia has been providing the forum choice: the ways of litigation and non-litigation. Litiga-tion way, sharia business disputes can be solved in Pengadilan Agama atau Pengadilan Negeri (IslamicCourt or the District Court); while the non-litigation way, sharia business disputes can be solved inBasyarnas or BANI through the establishment of a special assembly at the request of the parties to thedispute. All forums examining and adjudicating business disputes sharia required) heed principles shariahcontained fatwa from Dewan Syariah Nasional (National Sharia Council).

Downloads

Published

2016-03-07

Issue

Vol. 6 No. 1 (2015): Ilmu Ekonomi

Section

Articles

License

Authors who publish with this journal agree to the following terms:

  • Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
  • Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
  • Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.