The settlement of sharia banking dispute based on legal culture as a practice of indonesian islamic moderation

Abstract

Islamic banking and religious courts have a very close-knit network. Both Islamic banking serving as Islamic financial intermediation institution and religious courts as special courts with authority to resolve the dispute of Islamic banking similarly stressed on applying the sharia principles in the operation. They are expected to sinergically rely on sharia principles. The philosophical basic of religious courts authority in dispute settlement of sharia banking is to create a harmony between the execution of contract and material law based on the principles of sharia with religious courts as an institutiton for Moslem justice-seekers so that the disputes can be resolved wholly (kafâ ah) and consistently (istiqâmah) through court rulings upholding the culture of law. The meeting of values of sharia and culture living in society produces harmony in terms of Islamic banking dispute settlement.