THE PLURALISM OF ISLAMIC ECONOMIC LAW: Dialectic of Moslem and non-Moslem in the Development of Sharia Banking in Indonesia


The Fact that Muslims live in various places with diversity in terms of sociological, geographical and cultural aspect leads to law pluralism. Both western law and Islamic law acknowledge the concept of diversity of law (law pluralism). In this regard, this essay tried to show that the development of Islamic economic law including the sharia banking in Indonesia has unique characteristic since its development has the involvement of Muslims and Non-Muslims. The essay shows that the involvement of both Muslims and non-Muslims in the formulation process of Sharia Banking Act and its implementation is affected by ideological and political argumentation, juridical and economic argumentation, and social cultural perspective. The process involving Moslem and non-Moslem in the formulation process and implementation of Sharia Banking Act can be considered relational dialectic that consist of thesis, antithesis, and synthesis.