Two Lane Settlement of Sharia Economic Disputes Between Religious Court and National Sharia Arbitration Agency (BASYARNAS)

Abstract

The development of the sharia economy, particularly in the banking sector, both domestically and abroad, is very encouraging. Because of his young age and lack of adequate understanding of various economic practices, Sharia opens the possibility of strife. When there is a Sharia economic dispute, there are two institutions that have the authority to handle the settlement, namely the Religious Court and BASYARNAS. Both institutions, both the religious court and BASYARNAS, have advantages and disadvantages in handling Sharia economic disputes. Openness must be developed from various parties who prefer Islamic shura (consensus) in determining everything and solving problems. Through Shura disputes can be resolved satisfactorily, can still maintain the privacy of the parties, the closer the relationship between the parties, the time can be shortened, the more cost-effective, and the relationship between the parties can be improved better. If you see that the resolution of economic disputes through BASYARNAS Syariah can be submitted before resolving disputes through the Religious Courts. Considering the new Shariah economic practices, it still needs to be disseminated in addition to the implementation of sharia economics, it also requires human resources and top-class facilities, as well as a complete constitutional and operational foundation.