Legal Construction of Islamic Banking Dispute Resolution through Litigation in Indonesia and Malaysia

Tri Hidayati, Muhammad Azam Hussain

2018

Abstract

This legal research was aimed to compare the legal construction occurred in the establishment of authorized litigation institutions to resolve the Islamic banking dispute in Indonesia and Malaysia respectively. This research used qualitative method with approaches of legislation, concept, and history. The result was both countries had made legal construction processes in determining the jurisdiction of Islamic banking authorities with slightly different dynamics and methods. The legal construction process in Indonesia consisted of two phases. The first was positivization phase with the definition method and argumentum per analogism. The second was deregulation phase with systematic and grammatical interpretation method. Whereas Malaysia experienced two phases. First, it was the deregulation phase with systematic method and principal verbal exposition method. Second, it was the institutionalization phase with systematic interpretation method.

Paper Citation

in Harvard Style

Hidayati T. and Hussain M. (2018). Legal Construction of Islamic Banking Dispute Resolution through Litigation in Indonesia and Malaysia.In Proceedings of the Annual Conference on Social Sciences and Humanities - Volume 1: ANCOSH, ISBN 978-989-758-343-8, pages 201-207. DOI: 10.5220/0007417902010207

in Bibtex Style

@conference{ancosh18,
author={Tri Hidayati and Muhammad Azam Hussain},
title={Legal Construction of Islamic Banking Dispute Resolution through Litigation in Indonesia and Malaysia},
booktitle={Proceedings of the Annual Conference on Social Sciences and Humanities - Volume 1: ANCOSH,},
year={2018},
pages={201-207},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0007417902010207},
isbn={978-989-758-343-8},
}

in EndNote Style

TY - CONF

JO - Proceedings of the Annual Conference on Social Sciences and Humanities - Volume 1: ANCOSH,
TI - Legal Construction of Islamic Banking Dispute Resolution through Litigation in Indonesia and Malaysia
SN - 978-989-758-343-8
AU - Hidayati T.
AU - Hussain M.
PY - 2018
SP - 201
EP - 207
DO - 10.5220/0007417902010207