Integrating DSN-MUI Fatwas as Procedural Law in Sharia Arbitration: A Normative Juridical Analysis

Abstract

Sharia arbitration is expected to provide dispute resolution procedures that reflect Islamic legal values. In practice, however, sharia economic dispute resolution in Indonesia primarily emphasizes substantive compliance, while procedural aspects remain detached from authoritative sharia references, particularly DSN-MUI fatwas. This study explores the normative standing of DSN-MUI fatwas within sharia arbitration procedures, focusing on their application in BASYARNAS proceedings. Employing a normative juridical method, this research analyzes statutory regulations, relevant fatwas, and legal scholarship through qualitative analysis. The findings reveal that DSN-MUI fatwas have not been formally positioned as procedural references in sharia arbitration, leading to potential procedural inconsistency and reduced legitimacy of arbitral awards. This study argues that recognizing DSN-MUI fatwas as interpretative procedural guidance is essential to strengthening legal certainty and ensuring sharia-based procedural justice.