Doctoral Promotion Exam Muhammad Ikhlas Supardin: Contemporary Ijtihad in Religious Court Decisions on Sharia Economic Cases
Auditorium Prof. Dr. Suwito, MA SPs UIN Jakarta, BERITA SEKOLAH: The Postgraduate School (SPs) of Syarif Hidayatullah State Islamic University Jakarta held the 1605th Doctoral Promotion Exam at the Prof. Dr. Suwito Auditorium, MA on Tuesday, 11 February 2025 with promovendus Muhammad Ikhlas Supardin.
Muhammad Ikhlas Supardin is a student of the Islamic Studies Doctoral programme with a Sharia Concentration. Ikhlas wrote a dissertation entitled ‘Contemporary Ijtihad in Religious Court Decisions on Sharia Economic Cases in the DKI Jakarta Region 2016-2022’.
This research aims to analyse the differences in religious court decisions on sharia economics based on judges' ijtihad in conducting legal discovery, legal interpretation and construction of sharia economic law.
In this research, Ikhlas uses a statute approach and case approach. The data source used is the decision of the Religious Court in the DKI Jakarta area in 2016-2022 on sharia economic cases in murabaha financing, musyarakah, mudarabah, istiṣnā', ijārah vomiyyah bi al-tamlīk, wakālah, rahn, rahn tasjīli, musyārakah mutanāqiṣah and murābaḥah bi al-wakālah. The data analysis technique uses the IRAC (Issue, Rule, Argument and Conclusion) model.
The findings in this study state that disputes with default lawsuits occur due to one party failing to fulfil its obligations as it should so that the other party feels harmed. Meanwhile, tort claims are generally in the form of allegations of breach of contract by the defendant against the plaintiff.
The legal reasoning applied by Religious Court judges in the DKI Jakarta area in resolving sharia economic cases includes two main methods, namely textual and contextual. The construction of sharia economic law by judges in decisions is a form of ijtihad that aims to identify agreements that are in accordance with the principles of sharia and positive law.
This dissertation supports and strengthens the research results of Kiljamilawati (2016), Mutaz al-Khatib (2019) and Alireza Mahdavi (2021) who argue that the Religious Court's decision is the result of ijtihad carried out by judges in finding a law based on events that occur. This dissertation contradicts the research of Jean-Michael Landry (2019) which states that ijtihad carried out by judges can slow down legal development and cannot carry out legal reform. The contribution of this research can be used as a reference in the development of a Bill that specifically discusses Sharia Economic Law in Indonesia, as contained in the Compilation of Sharia Economic Law.
Muhammad Ikhlas Supardin successfully defended his dissertation under the guidance of Prof. Dr. Muhammad Amin Suma, SH, MA, MM; Prof. Dr. Jaih Mubarok, SE, MH, M.Ag; Prof. Dr. JM Muslimin, MA and in front of examiners consisting of Prof. Dr. Muhammad Amin Suma, SH, MA; Prof. Dr. Muhammad Amin Suma, SH, MA, MM; Prof. Dr. Jaih Mubarok, SE, MH, M.Ag; Prof. Dr. JM Muslimin, MA and in front of examiners consisting of Prof. Dr. Dr. Zulkifli, MA. Zulkifli, MA; Prof. Dr. Muhammad Amin Suma, SH, MA, MM; Prof. Dr. Jaih Mubarok, SE, MH, M.Ag; Prof. Dr. JM Muslimin, MA; Prof. Dr. Djawahir Hejazziey, SH, MA, MH; Prof. Nur Hidayah, S.Ag, SE, MA, MA, Ph.D; Prof. Dr. Ade Sofyan Mulazid, S.Ag, MH.
After paying attention to the writing of the dissertation, the comments of the examiners and the promovendus' answers, the examiners determined that Muhammad Ikhlas Supardin passed with Cum Laude honours and was designated as the 1605th doctor in the field of Islamic Studies at the Graduate School of UIN Syarif Hidayatullah Jakarta. (JA)