Abstract
Since the amendment of Law No. 7 of 1989 to Law No. 3 of 2006 concerning the Religious Courts, the Religious Courts increasingly expand its jurisdiction not only over disputes about the Islamic family law, but also to resolve disputes on Syari`ah economy including Syari`ah banking. The jurisdiction of the Courts to resolve the Syariah economy disputes, however, is reduced with the enactment of Law No. 21 of 2008 concerning Sharia Banking. The explanation of Article 55 paragraph (2) authorizes the District Court (Pengadilan Negeri) to resolve the Syari'ah economy disputes. This provision would cause dualism of authority and, thus, legal uncertainty as the litigants may settle their Syariah economy disputes either to the Religious Courts or the District Court.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.