Abstract

The purpose of this study is to explore how is the mediation process in the Sragen District Court ta in Sharia economic disputes. It also seeks to determine the suitability of the mediation process in terms of the Maslahah Mursalah. This research is a field research with a qualitative approach. The data source of this study consists of primary data and secondary data. The location of this study is in Sragen District Court. Data collection techniques in this study were using documentation and interviews. This study shows that the mediation process in Islamic economic disputes is not much different from other disputes. This research also reveals that there is a non-compliance with the existing regulations, i.e that peace which is carried out by the parties occurs outside the court and there is no Peace Act. Based on this, it will lead to a different legal effect

Highlights

  • It cannot be denied that Islam is a living guidelines.As a guidelines, the teachings of Islam consist of the rules encompassing every aspect of human life

  • Hajiyat, is the second level of human needs whose fulfilment should be achieved, if difficulties and some of pettiness is hoped to be avoided in his life. In this case a mediation process has been carried out by the parties with the help of a mediator, and it has reached an agreement to come to terms on the recommendation of the given a mediator in a mediation process, this peace agreement happened outside the court

  • As for the benefits obtained from arranging a mediation process is in terms of time it could be more effective or not protracted

Read more

Summary

INTRODUCTION

It cannot be denied that Islam is a living guidelines. As a guidelines, the teachings of Islam consist of the rules encompassing every aspect of human life. Sharia economic disputes is among muamalah problem that needs to be addressed, in order that the harmony and peace of Indonesian Muslim. It is because the Believers are brothers. This research is going to address two problems, firstly, how is a mediation process to the Sharia economic dispute number 0938/ Pdt.G/2018/PA.Sr in religious court of Sragen? How is the perspective of Maslahah Mursalah on a mediation process with the Sharia economic dispute number 0938/Pdt,G2018/PA.Sr in religious court of Sragen?

LITERATURE REVIEW Mediation
CONCLUSION
Full Text
Paper version not known

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

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.