Search engine for discovering works of Art, research articles, and books related to Art and Culture
ShareThis
Javascript must be enabled to continue!

HANDLING SHARIA ECONOMIC DISPUTES THROUGH NON-LITIGATION AND ITS RELATION TO MASLAḤAḤ

View through CrossRef
This research aims to analyze the handling of sharia economic disputes by passing through non-litigation channels with a Maslaḥaḥ asy-Syatibiyy perspective. This research is included in library research using a qualitative descriptive approach. Data collection is obtained through primary and secondary literature review. Data analysis is carried out by normative juridical analysis. then after in-depth analysis, conclusions are drawn. The results of this study indicate that 1) When we try to determining Maslaḥaḥ ash-Syatibiyy said that Maslaḥaḥ should be acceptable to reason and logic, because there is a rational factor. Maslaḥaḥ must be accepted without looking at reasons on the illat, namely on the rules of worship, must not conflict with Shara or qat'i evidence. So that This Maslaḥaḥ must go hand in hand with the purpose of shara, namely maqashid sharia in general,must also go hand in hand with Maslaḥaḥ which is required by shara even though there is no separate evidence, then Maslaḥaḥ which must lift the hardship that emphasizing religion 2) Maslaḥaḥ can be applied or in relevance to the resolution of Islamic economic disputes through non-court channels, namely peace and through the help of mediators because this can provide Maslaḥaḥ because Islam teaches to prioritize peace when there is a dispute between the parties but this is not the case. disputes between the parties but this only applies in the field of This only applies to the field of muamalah or sharia economics again if it relates to worship. 3) The correlation between handling Sharia economic disputes through non-litigation avenues and the concept of Maslaḥaḥ reveals a close relationship between the two. The resolution of Sharia economic disputes through non-litigation methods, such as mediation or negotiation, is often based on fundamental Maslaḥaḥ principles, which emphasize the importance of achieving welfare and justice in Islam
Title: HANDLING SHARIA ECONOMIC DISPUTES THROUGH NON-LITIGATION AND ITS RELATION TO MASLAḤAḤ
Description:
This research aims to analyze the handling of sharia economic disputes by passing through non-litigation channels with a Maslaḥaḥ asy-Syatibiyy perspective.
This research is included in library research using a qualitative descriptive approach.
Data collection is obtained through primary and secondary literature review.
Data analysis is carried out by normative juridical analysis.
then after in-depth analysis, conclusions are drawn.
The results of this study indicate that 1) When we try to determining Maslaḥaḥ ash-Syatibiyy said that Maslaḥaḥ should be acceptable to reason and logic, because there is a rational factor.
Maslaḥaḥ must be accepted without looking at reasons on the illat, namely on the rules of worship, must not conflict with Shara or qat'i evidence.
So that This Maslaḥaḥ must go hand in hand with the purpose of shara, namely maqashid sharia in general,must also go hand in hand with Maslaḥaḥ which is required by shara even though there is no separate evidence, then Maslaḥaḥ which must lift the hardship that emphasizing religion 2) Maslaḥaḥ can be applied or in relevance to the resolution of Islamic economic disputes through non-court channels, namely peace and through the help of mediators because this can provide Maslaḥaḥ because Islam teaches to prioritize peace when there is a dispute between the parties but this is not the case.
disputes between the parties but this only applies in the field of This only applies to the field of muamalah or sharia economics again if it relates to worship.
3) The correlation between handling Sharia economic disputes through non-litigation avenues and the concept of Maslaḥaḥ reveals a close relationship between the two.
The resolution of Sharia economic disputes through non-litigation methods, such as mediation or negotiation, is often based on fundamental Maslaḥaḥ principles, which emphasize the importance of achieving welfare and justice in Islam.

Related Results

Patent Litigation and the Internet
Patent Litigation and the Internet
Patent infringement litigation has not only increased dramatically in frequency over the past few decades, but also has also seen striking growth in both stakes and cost. Although ...
Islam Menjawab Harta Hibah Tidak Hitung Ketika Pembagian Warisan
Islam Menjawab Harta Hibah Tidak Hitung Ketika Pembagian Warisan
<p><strong>Abstract</strong></p><p>A grant is an expression of the transfer of ownership rights to something without any compensation or reward as a g...
LITIGASI SENGKETA EKONOMI SYARIAH: STRATEGI DAN PRAKTIK ADVOKAT FIRMA HUKUM KARIMATA
LITIGASI SENGKETA EKONOMI SYARIAH: STRATEGI DAN PRAKTIK ADVOKAT FIRMA HUKUM KARIMATA
The development of the Sharia-based financial and business industry in Indonesia has driven an increase in economic transactions using Sharia contracts. On the other hand, this dyn...
The Use of Al-Maslahah Al-Mursalah in The Ijtihad of Imam Ash-Shafi’i
The Use of Al-Maslahah Al-Mursalah in The Ijtihad of Imam Ash-Shafi’i
Abstract:  This study aims to answer such debate in that whether Imam ash-Shafi’i accepted or did not accept al-maslahah al-mursalah as dalil hukm(legal argument), or theoretically...
Analisis Putusan Hakim Nomor 722/Pdt.G/2024/PA.Badg tentang Nafkah Mut’ah pada Cerai Gugat: Tinjauan Maslahah Mursalah
Analisis Putusan Hakim Nomor 722/Pdt.G/2024/PA.Badg tentang Nafkah Mut’ah pada Cerai Gugat: Tinjauan Maslahah Mursalah
Abstract. The husband's obligation to provide financial support does not only apply during marriage, but also remains valid after divorce if the divorce is the husband's decision a...
Perdebatan Maslahah Mursalah dalam Kitab-Kitab Al-Imam Al-Ghazali
Perdebatan Maslahah Mursalah dalam Kitab-Kitab Al-Imam Al-Ghazali
Al-Imam al-Ghazali had an important role in contributing thoughts about the Maslahah. Among his books in the field of Usul fiqh is, al-Mankhul, Syifa’ Ghalil and al-Mustashfa, in h...

Back to Top