TY  - THES
N1  - Dr. Abdul Mughits, S.Ag., M.Ag.
ID  - digilib76274
UR  - https://digilib.uin-suka.ac.id/id/eprint/76274/
A1  - Fahmi Mustika Ramadhani, NIM.: 24203011086
Y1  - 2026/03/10/
N2  - The development of the Islamic economic industry in Indonesia has
increased the complexity of legal relationships among parties bound by sharia
contracts, which may potentially lead to disputes requiring resolution through
judicial mechanisms. The Religious Courts, as institutions possessing absolute
authority in resolving Islamic economic disputes, are required not only to apply
positive legal provisions but also to integrate sharia principles into their legal
considerations. One case that reflects this dynamic is the decision of the Religious
High Court of Jakarta Number 151/Pdt.G/2024/PTA.JK concerning a dispute over
a mudharabah contract. The main issues addressed in this study are the
philosophical foundations underlying the judges? legal reasoning and the
integration of maq??id al-shar??ah values within the decision. This research aims
to analyze the philosophical dimension of judicial reasoning, examine the
integration of maq??id al-shar??ah principles in the process of legal interpretation,
and assess the implications of the decision for the development of Islamic economic
law in Indonesia.
This research employs a normative legal research method using statutory,
conceptual, and case study approaches to judicial decisions. The data were
obtained from primary legal sources consisting of legislation, court decisions, and
fatwas issued by the National Sharia Council of the Indonesian Council of Ulama
(DSN-MUI), supported by academic literature related to Islamic economic law. The
analytical technique used is qualitative analysis through an interpretative approach
to the legal considerations of the panel of judges.
The findings show that the panel of judges at the appellate level did not merely focus
on the formal aspects of civil procedural law but also considered the philosophical
dimension of law by integrating principles of justice, public benefit (ma?la?ah), and
legal certainty. The judges? reasoning also demonstrates the application of the
concept of ijtih?d qa???? in interpreting positive legal norms by referring to the
principles of maq??id al-shar??ah, particularly the protection of property (?if? alm?l)
and contractual justice within sharia-based agreements. The decision further
affirms the position of DSN-MUI fatwas as normative references in resolving
Islamic economic disputes within the Religious Court system.
In conclusion, Decision Number 151/Pdt.G/2024/PTA.JK reflects the
development of a more progressive and substantive pattern of judicial legal
reasoning in resolving Islamic economic disputes. The integration of positive law,
principles of fiqh mu??malah, and the values of maq??id al-shar??ah demonstrates
an effort to harmonize Islamic law and national law within the practice of the
Religious Courts. This decision contributes to strengthening the jurisprudence of
Islamic economic law and reinforces the role of judges in realizing substantive
justice within the Indonesian legal system.
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - Ekonomi Syariah
KW  -  Maqa ?id Al-Shari'ah
KW  -  Hukum Acara
Perdata Syariah
KW  -  Yurisprudensi
M1  - masters
TI  - PERTIMBANGAN FILOSOFIS KEPUTUSAN MAJELIS HAKIM
DALAM PERKARA EKONOMI SYARIAH
(STUDI ANALISIS PUTUSAN No.151/Pdt.G/2024/PTA.JK)
AV  - restricted
EP  - 179
ER  -