“Dasar Pertimbangan Badan Arbitrase Syariah Nasional (BASYARNAS) Dalam Menyelesaikan Sengketa Akad Musyarakah (Studi Analisis Putusan BASYARNAS Yogyakarta No X/Tahun 2017)”

Abstract

The development of sharia economic business today raises many disputes. In addition to going through the courts, sharia economic disputes that arise have many other alternatives, including through BASYARNAS. This paper will examine the legal basis for BASYARNAS DIY in deciding a civil dispute on a Musyarakah contract. The aim is to find out the basis of the arbitrator in deciding a dispute. This research is a descriptive qualitative research with case study method. This research took place at BASYARNAS, Special Region of Yogyakarta. In making the decision, the BASYARNAS DIY Arbitrator has used Islamic law as contained in the Qur'an and hadith, Islamic economic principles and principles. However, there are several aspects that are not analyzed by the arbitrator, especially regarding the contract used and how the contract is implemented by both the applicant and the respondent.