IMPLEMENTASI MAQASHID SYARI'AH DALAM PENYELESAIAN SENGKETA EKONOMI SYARIAH (STUDI KASUS PADA PENGADILAN AGAMA KABUPATEN MAROS)

Abstract

ABSTRACT

Along with the development of the era accompanied by the rapid growth and development of the sharia economy, of course the sharia economy is inseparable from the problems that often arise in its implementation. This problem becomes a dispute that must be resolved. One of the most important is the resolution of disputes by applying maqashid sharia. The purpose of this study is to determine the process of resolving sharia economic disputes and to examine the application of maqashid sharia in resolving sharia economic disputes at the Religious Court of Maros Regency.

The type of research used is field research using qualitative methods. This study also applies a normative juridical approach. The informants involved in this study were judges who were experienced in resolving sharia economic dispute cases and clerks who were directly involved in resolving sharia economic disputes.

The process of resolving sharia economic disputes at the Religious Court of Maros Regency is divided into two, namely resolving sharia economic disputes and resolving sharia economic disputes with simple lawsuits. The application of maqashid Syari'ah to the settlement of Sharia economic disputes in the Religious Court of Maros Regency has fulfilled the main principles of maqashid Syari'ah, namely hifz al-Din (protection of Religion), hifz ad-nafs (protection of life), Hifz al-mal (protection of property), Hifz al-nasl (protection of descendants), and Hifzh al-'aql (protection of reason).

The implication of this study is the importance of the application of maqashid syari'ah in the settlement of sharia economic disputes to realize the benefits for humanity, especially for the disputing parties.