Seminar of HISSI:
The Religious Courts to Solve Sharia Economy Disputes
Jakarta l badilag.net
Since Islam prohibits Moslems to perform riba, it encourages them to develop a system of economy based on the Sharia principles. In Indonesia, it is generally known as Sharia economy. Although some scholars are still in disputes on the concept, but it can not be denied that it is Islamic teaching. Therefore it is really a wrong assumption that the Religious Courts examine on family legal matters only. More than that, they examine any legal dispute on Sharia economy.
.
It was one of the important ideas discussed on a National Seminar held by the Association of Indonesian Sharia Intellectuals and Scholars (HISSI/Himpunan Ilmuan dan Sarjana Syariah Indonesia), in Syahida Inn, Ciputat, Saturday (18/6/2011).
This seminar had six speakers; they were Prof. Amin Suma (Director of HISSI), Prof. Abdul Ghani Abdullah (Justice at the Supreme Court), A Riawan Amin (Director of Asbisindo), Prof. Veithzal Rivai (Director of Sharia Economy Society /MES), Dhani Gunawan Idat (Director of Research Team of Indonesia Bank), and Deni Hariyatna (Expert Staff at Commission III of House of Representative).
The seminar was attended by more than 300 participants consisting of religious judges, sharia intellectuals and scholars, and others. The secretary of the Supreme Courts, Rum Nessa, the Director General of Badilag, Wahyu Widiana, and all echelons II of Badilag also attended the seminar.
According to Prof. Amin Summa, the main purpose of this seminar was to obtain one perception from all sharia economy stake holders on this field. And we would formulate some important recommendations for get the proper policy on it.
A. Riawan Amin realized that only a few of Sharia banks trusts the Religious Courts to solve their disputes. According to him, they rarely mentioned the Religious Courts in their contract as problem solver when a dispute happened.
“The Religious Courts should not be an alternative choice for sharia economy disputes. It must be the main one”, A. Riawan Amin said.
Prof Veithzal Rivai tried to explain why sharia economy disputes were not brought to the Religious Courts. Based on his observation, people were doubtful to the ability of the religious judges in this field.
“Most of them are afraid that they will be defeated in the Religious Courts”, Prof Veithzal Rivai said.
Meanwhile, Prof Abdul Ghani Abdullah, who was involved in drafting the Law on Sharia Economy, stated that the Religious Courts are more competent than other courts to examine the sharia economy disputes. “It is in compliance with the article 49 of the Law No. 3 of 2006”, he said.
The Religious Courts’ Preparation
In a dialogue session, Deputy Justice for Religious Court Affairs, Andi Syamsu Alam, explained that people should not doubtful to the ability of the Religious Courts’ judges to solve thee sharia economy disputes.
“We have made a good preparation since several years ago. We have sent our judges to several overseas countries to study the sharia economy. Now, we have many judges mastering this field.”, Andi Syamsu Alam said.
Besides, Badilag is preparing the procedural law for sharia economy. “I believe our team will be accomplishing it soon”, Andi Syamsu Alam said. (raj).