Forms of Religious Court’s Authority Expansion on Sharia Bankruptcy Case

Abstract

Objective: The primary objective of this study is to explore the various forms of authority expansion by religious courts concerning sharia bankruptcy cases. Through a literature research methodology, the study aims to provide insights into the ways in which religious courts assert their authority in handling disputes related to sharia bankruptcy.
 
 Methods: This study employs a literature research methodology to delve into the forms of authority expansion exercised by religious courts in the context of sharia bankruptcy cases. The approach involves a comprehensive review of existing literature to elucidate the strategies and mechanisms through which religious courts enhance their jurisdiction and influence in dealing with sharia bankruptcy disputes.
 
 Results: The findings of this study reveal distinct forms of authority expansion by religious courts in addressing sharia bankruptcy cases. Notably, these include the revision of Law Number 3 of 2006 to explicitly designate the settlement of sharia bankruptcy disputes as the absolute authority of religious courts. Furthermore, religious courts are observed to proactively elevate the quality of judge candidates, equipping them with a deeper understanding of the complexities associated with sharia bankruptcy cases.
 
 Conclusion: In conclusion, the study emphasizes the urgency and progressiveness of religious court authority expansion in managing sharia bankruptcy disputes. With the categorization of sharia bankruptcy cases under sharia economy, the study asserts that religious courts hold absolute authority in handling these disputes. The conclusive remarks underscore the significance of religious court intervention in sharia bankruptcy cases and the ongoing need for further enhancements in their jurisdiction to effectively address the intricacies of sharia economy matters.