Sharia Oikonomia Law Journal

CONFLICT MANAGEMENT IN MUSLIM FAMILIES AS A MEANS OF PREVENTING DIVORCE FROM THE PERSPECTIVE OF ISLAMIC FAMILY LAW

2026-06-18T18:52:21+07:00

The rising divorce rate among Muslim families indicates that domestic conflicts have not been effectively managed in accordance with the principles of Islamic family law. Conflicts stemming from economic factors, communication, gender roles, and differences in religious values often escalate into prolonged disputes that lead to divorce, even though Islam regards divorce as a last resort. This study aims to analyze the concepts and practices of conflict management in Muslim families from the perspective of Islamic family law as a preventive measure against divorce. The study employs a library research method with a descriptive qualitative approach. Data is sourced from classical and contemporary fiqh literature, academic journals, scholarly works, and Islamic family law regulations. Analysis is conducted using content analysis techniques to systematically examine the relationship between the normative principles of Islamic family law and strategies for managing family conflicts. Research findings indicate that Islamic family law possesses a comprehensive normative framework for conflict resolution, encompassing the principles of ishlah (reconciliation), musyawarah (deliberation), and justice ('adl), as well as the mechanisms of nasihat (counseling) and tahkim (family arbitration). This framework has the substantive potential to serve as a preventive tool against divorce. However, its full realization is hindered by a lack of understanding and implementation in the daily lives of Muslim families. The gap between ideal norms and actual practices is the root of the problem that must be addressed through educational and institutional approaches. This study confirms that conflict management based on Islamic family law plays a strategic role in reducing divorce rates and strengthening the resilience of Muslim families. These findings are expected to contribute to the development of Islamic family law that is more responsive to the dynamics of contemporary family conflicts.

REGULATORY CONVERGENCE OR DIVERGENCE? A COMPARATIVE ANALYSIS OF SHARIA ECONOMIC DISPUTE RESOLUTION IN INDONESIA, MALAYSIA, AND THE GCC

2026-06-27T23:52:13+07:00

Sharia economic dispute resolution is a critical component of Islamic finance, with varying institutional frameworks and procedural approaches across Southeast Asia and the Gulf Cooperation Council (GCC) states. Differences in tribunal specialization, arbitration adoption, and procedural codification create both convergence and divergence in dispute management practices. This study aims to provide a comparative analysis of Sharia economic dispute resolution mechanisms in Indonesia, Malaysia, and selected GCC countries, identifying patterns of regulatory alignment, institutional effectiveness, and procedural standardization. A qualitative-dominant research design was employed, combining doctrinal legal analysis, evaluation of tribunal guidelines, review of case law, and semi-structured expert interviews. Data were synthesized to assess tribunal specialization, resolution duration, arbitration use, and procedural compliance across jurisdictions. Results indicate that Malaysia and GCC states exhibit higher tribunal specialization, faster case resolution, greater adoption of arbitration frameworks, and more standardized procedures compared to Indonesia. Indonesia demonstrates longer case durations, lower procedural codification, and limited tribunal specialization, highlighting areas of regulatory divergence. The study concludes that regulatory convergence is partially evident between Malaysia and GCC, while Indonesia represents a divergent model, emphasizing the role of institutional design, procedural codification, and arbitration mechanisms in effective Sharia dispute resolution. Findings offer implications for harmonization initiatives, capacity building, and cross-border policy coordination in Islamic finance.

THE EFFECTIVENESS OF LEGAL PROTECTION FOR DEBTORS IN COLLATERAL EXECUTION: AN EMPIRICAL STUDY OF CREDIT AGREEMENTS AT KREDITPLUS FINANCE MADIUN BRANCH

2026-07-11T10:57:18+07:00

This study aims to comprehensively analyze the forms of legal protection for debtors regarding the imposition of late payment penalties in non-performing vehicle financing cases at the Madiun Branch of Kreditplus Finance. Using empirical legal research with a descriptive qualitative approach, the study reveals that legal protection is realized through preventive mechanisms, such as contract clause transparency, due date notifications, and credit restructuring, as well as repressive mechanisms via internal complaints, Financial Services Authority (OJK) mediation, and litigation. However, the implementation of this protection faces significant obstacles in the field. These obstacles include low debtor legal awareness, the dominance of unbalanced standard contracts, vulnerable economic conditions of the community, and technical banking operational constraints. In conclusion, although consumer protection regulations are available, the debtor's bargaining position in practice remains weak due to information asymmetry. Therefore, simplifying contract information and enhancing substantive oversight by the OJK are necessary to achieve justice and a sustainable balance of rights and obligations between creditors and debtors in the financial services sector.

EMPIRICAL ANALYSIS OF LEGAL PROTECTION AND DEFAULT DETERMINANTS IN CONSTRUCTION CONTRACTS: A CASE STUDY OF PT. DASH LEBANG PERKASA

2026-07-11T11:02:18+07:00

The construction industry plays a strategic role in national infrastructure development, yet service providers often face legal vulnerabilities due to imbalanced contractual relationships with project owners. This study aims to analyze the forms of legal protection afforded to construction service providers and to identify the determinants of default (wanprestasi) in construction work contracts, with PT. Dash Lebang Perkasa as the case study. Employing an empirical legal research design (normative-empirical), this study utilizes a statute approach and a conceptual approach, drawing on primary legal materials, secondary literature, and empirical field data spanning from 2019 to 2025. The findings reveal that legal protection operates through three interconnected dimensions: regulatory-substantive protection grounded in the Indonesian Civil Code and Law Number 2 of 2017 on Construction Services; contractual protection through meticulously drafted clauses on payment mechanisms, variation orders, force majeure, and retention funds; and procedural protection fortified by the company's legal transformation from a partnership (CV) to a Limited Liability Company (PT) in 2023. Meanwhile, default determinants are multi-causal, encompassing internal factors (time management, human resource limitations, insufficient capital buffers, and logistics weaknesses) and dominant external factors, particularly delayed milestone payments by project owners that paralyze operational cash flow. This study contributes to construction law literature by offering a comprehensive framework for equitable contractual risk management.