Open AccessThe Position of Arbitration in Dispute Resolution of Islamic Financial Institutions
Author(s) -
Ni Nyoman Adi Astiti,
Ghozali Rahman,
Siti Nur Ibtisamah
Publication year - 2021
Publication title -
jurnal al qardh/jurnal al-qardh
Language(s) - English
Resource type - Journals
eISSN - 2599-0187
pISSN - 2354-6034
DOI - 10.23971/jaq.v6i2.3461
Subject(s) - arbitration , sharia , dispute resolution , law , islam , principle of legality , political science , alternative dispute resolution , business , philosophy , theology
Arbitration in Islamic law is known as the term tahkim which comes from Arabic. Arbitration in Islam has been recognized in the Al-Qur’an, Sunnah and Ijmak. In Indonesia, sharia arbitration focuses on the field of muamalah or sharia-based civil law. Sharia arbitration is very relevant in resolving sharia banking disputes. The practice of tahkim has been done by the companions of the Apostle. Thus, the problems that are resolved by arbitration institutions are not against Islamic law, because Islamic law itself recognizes the legality of arbitration as dispute resolution. However, in the formation of an arbitration institution, elements prohibited by religion should not be included and its decisions are also not contradicting religious law. If a case is related to an arbitration institution to settle it, then according to Islamic law the official judicial institution is no longer authorized.