Arbitrase dan Alternatif Penyelesian Sengketa dalam Penyelesaian Sengketa Ekonomi Syariah

The aim of this article is to resolve conflicts in the field of sharia economics using non-litigation channels. Alternative dispute resolution (APS) is an organization that helps resolve differences of opinion through methods agreed by both parties, such as consultation, negotiation, mediation, conciliation, or expert assessment outside of court. This research uses a library study approach, where books and other library sources are the main material. The choice of this approach is based on the fact that literature studies help researchers in the initial stages of determining and compiling a research framework, as well as deepening theoretical understanding and clarifying the methodology used. Literature studies also function as a way to collect relevant research information. Based on the discussion above, the conclusion is: Alternative Dispute Resolution (ADR) in Islam, such as negotiation, mediation, conciliation and arbitration, has been used since ancient times to resolve conflicts between interested parties. The principles of the Qur'an emphasize the importance of peaceful conflict resolution, both inside and outside the courts. Hadith of the Prophet Muhammad also describe activities comparable to modern ADR, indicating that the ideas of negotiation, mediation, conciliation, and arbitration have long been used in Islamic societies. In practice, Alternative Dispute Resolution (APS) in the early days of Islam showed high flexibility and adaptability, which was in line with the essential ideals taught in Islam, namely justice, peace and social harmony.

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Publication Details

Journal
Journal of Legal Sustainability
Published
2024-09-23
DOI
https://doi.org/10.69693/jols.v1i2.33
Citations
2
Primary Topic
Islamic Finance and Banking Studies
Type
article
Field-Weighted Citation Impact
1.89
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article

Arbitrase dan Alternatif Penyelesian Sengketa dalam Penyelesaian Sengketa Ekonomi Syariah

Mohd Winario, Diany Mairiza, Eva Nurhamidah, Shidiq Ramdan Dinata
2 citations
Journal of Legal Sustainability
Islamic Finance and Banking Studies
1.89
article

Arbitrase dan Alternatif Penyelesian Sengketa dalam Penyelesaian Sengketa Ekonomi Syariah

Mohd Winario, Diany Mairiza, Eva Nurhamidah, Shidiq Ramdan Dinata
article en
2 citations

Abstract

The aim of this article is to resolve conflicts in the field of sharia economics using non-litigation channels. Alternative dispute resolution (APS) is an organization that helps resolve differences of opinion through methods agreed by both parties, such as consultation, negotiation, mediation, conciliation, or expert assessment outside of court. This research uses a library study approach, where books and other library sources are the main material. The choice of this approach is based on the fact that literature studies help researchers in the initial stages of determining and compiling a research framework, as well as deepening theoretical understanding and clarifying the methodology used. Literature studies also function as a way to collect relevant research information. Based on the discussion above, the conclusion is: Alternative Dispute Resolution (ADR) in Islam, such as negotiation, mediation, conciliation and arbitration, has been used since ancient times to resolve conflicts between interested parties. The principles of the Qur'an emphasize the importance of peaceful conflict resolution, both inside and outside the courts. Hadith of the Prophet Muhammad also describe activities comparable to modern ADR, indicating that the ideas of negotiation, mediation, conciliation, and arbitration have long been used in Islamic societies. In practice, Alternative Dispute Resolution (APS) in the early days of Islam showed high flexibility and adaptability, which was in line with the essential ideals taught in Islam, namely justice, peace and social harmony.

Journal of Legal SustainabilityVol. 1(2)
Universitas Islam Negeri Sultan Syarif Kasim Riau (ID), Universitas Pahlawan Tuanku Tambusai (ID), Institut Agama Islam Negeri Bengkulu (ID)
Openalex Percentile: Top 10%
Islamic Finance and Banking Studies
1.89
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