Islamic Bank Dispute Resolution and Socioeconomic Rights: Comparison between Indonesia and Malaysia

Authors

  • Deden Misbahudin Muayyad
  • Hani Adhani

Abstract

The purpose of this study is to identify dispute resolution mechanisms for Islamic banks in Indonesia and Malaysia and to analyze the role of courts in resolving Islamic banking disputes to protect the economic and social rights of communities. This study uses secondary data, such as data obtained from library research, Quran, Hadith, fatwa, Islamic banking law, regulations on solving Islamic banking disputes, articles and books. The study concludes that the principles of dispute resolution for Islamic banking in Indonesia and Malaysia are in principle almost the same, as they both use the Ṣulḥ and Taḥkim methods in resolving disputes other than through litigation. Although the process in Indonesia is more numerous and tiered, it can even be tested for the law to the constitutional court. The most powerful form of constitutional recognition is the recognition of socio-economic rights as rights, which can be enforced judicially in a fair manner, and civil and political rights are usually implemented in this way. The role of the court is to achieve the constitutionality of laws that support social and economic rights.

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Published

2020-12-30

How to Cite

Deden Misbahudin Muayyad, & Hani Adhani. (2020). Islamic Bank Dispute Resolution and Socioeconomic Rights: Comparison between Indonesia and Malaysia. Journal of Islamic Finance, 9(2), 129–137. Retrieved from https://journals.iium.edu.my/iiibf-journal/index.php/jif/article/view/490

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Articles