Analysis of Dispute Settlement of Syaria Banking in Indonesia Review of Theory of Justice

Abstract

Banking activity as one of Islamic economy institutions, all of aspects of human life refer and based on Islamic syaria, which are Al-Qur’an and Sunnah. Precept of Islam consists of three components, which are: Aqidah, Sharia, and Akhlaq. The characteristic of Aqidah is constant and it does not change by the difference of time and place. Syaria is always changed based on the need and level of mankind civilization where a Rasul is delegated. The principles of determining Islamic Syaria are by vanishing the objection and easing, creating benefit and justice. The settlement of syaria banking in Indonesia, any regulations that have been formulated is still far away from justice which is one of purposes of law and Islamic law.   

Philosophically, orientation of basis of Islamic economy is based on principle of divinity (tauhid), which is a presence of relation of economic activity, not only with fellow human being, but also with The God as Creator. From the basis of this tawhid, it emerges the basic principles of building of the social framework, law, and behavior, which are the principles of khilafah, justice (‘adalah), prophethood (nubuwwah), brotherhood (ukhuwwah), responsible freedom (Al huriyah walmas’uliyyah). Besides, there are instrumental values, namely the prohibition of usury, the obligations of zakat, economic cooperation, social security and the role of the state. 

Keywords: dispute, Syaria banking, fair.