Abstract
This paper aims to find the basis for the philosophical rationality of applying sharia principles in resolving sharia economic disputes in religious courts as well as the prerequisites required by religious court judges to apply sharia principles in resolving sharia economic disputes. The type of research used is normative legal research to find philosophical rationality and the institutionalization of sharia principles in resolving sharia economic disputes. The approach used is a conceptual approach. Secondary data were collected through literature study. The research results obtained first, the philosophical rationality of the application of sharia principles in sharia economic dispute resolution in line with the first and third principles of Pancasila. Second, the institutionalization of sharia principles becomes effective if there are prerequisites that must be met, firstly enough information for judges to understand sharia principles, secondly the obstacles that come from the judges themselves who are still oriented towards the flow of legism / positivism will have an effect on providing legal basis and third the speed of instilling the institutionalization of sharia principles can be done through education and training organized by the Supreme Court for Religious Court judges.
Highlights
IntroductionBanking is growing rapidly, but various other Islamic financial institutions have developed such as Islamic insurance and Islamic pawnshops.(Musjtari, Radliyah, & Riyanto, 2019) According to data from the Financial Services Authority in April 2018 there were 13 Sharia Commercial Banks, 21 Sharia Business Units and 168 BPRS
The development of the sharia economy in Indonesia is currently quite encouraging
* Corresponding Author must be met, firstly enough information for judges to understand sharia principles, Email address: secondly the obstacles that come from the judges themselves who are still oriented zaidahnurr@yahoo.com towards the flow of legism / positivism will have an effect on providing legal basis and third the speed of instilling the institutionalization of sharia principles can be done through education and training organized by the Supreme Court for Religious Court judges
Summary
Banking is growing rapidly, but various other Islamic financial institutions have developed such as Islamic insurance and Islamic pawnshops.(Musjtari, Radliyah, & Riyanto, 2019) According to data from the Financial Services Authority in April 2018 there were 13 Sharia Commercial Banks, 21 Sharia Business Units and 168 BPRS. In the Islamic banking system as part of the concept of Islamic economics it is required to generate profits through every commercial transaction, but is required to implement sharia values that are in accordance with the Al-Qur'an and AlHadith.(Abdul Kadir Jaelani, Handayani, & Karjoko, 2020a). One important aspect that must be considered in a business based on sharia principles is sharia economic dispute resolution institutions.(Shomad & Bintoro, 2018) Because a business has the potential for a dispute.
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