Rechtsvinding Method Of Mataram Religious Court Judges In Deciding Sharia Economic Law Dispute Cases

Abstract

       The rapid development of Islamic economics in Indonesia has created a complexity of disputes that often have not been adequately accommodated in the legislation. This study examines in depth the method of law discovery (rechtsvinding) applied by judges of the Mataram Class 1A Religious Court in resolving sharia economic disputes.

       Through a qualitative approach with a case study method and data collection conducted by indepth interviews with judges at the Class 1A Mataram Religious Court, this research reveals how legal hermeneutics becomes the main analysis knife in the decision-making process.

       The research findings show that judges not only conduct textual interpretation of Islamic law and legislation, but also apply a hermeneutical approach that considers historical, sociological, and philosophical aspects. This method enables the creation of a dynamic balance between the legal text and the values of justice, benefit, and the development of contemporary society. The research also identifies practical challenges in applying the hermeneutic method, including the limited understanding of classical fiqh to modern transactions and procedural constraints in the trial process. The results of the research make a significant contribution to the development of legal discovery theory in the context of Islamic law as well as offering a dispute resolution model that is adaptive to the dynamics of modern Islamic economics.