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All Journal KASBANA: Jurnal Hukum Ekonomi Syari'ah Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah
Ahmad Wahyudi
Universitas Islam Negeri Walisongo
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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MANAGEMENT OF WAQF ASSETS AT THE GREAT MOSQUE OF SEMARANG: A MAQASID AL-SHARI'AH PERSPECTIVE Ahmad Wahyudi; Achmad Arief Budiman; Bagas Heradhyaksa; Wawaysadhya
KASBANA Vol 6 No 1 (2026): Januari (IN PROGRESS)
Publisher : Sekolah Tinggi Ilmu Syariah Darul Falah Bondowoso

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Abstract

The management of the bandha wakaf (endowment assets) of Masjid Agung Semarang (MAS) faces structural complexity resulting from its long history of land exchanges, the duality of legal status among tanah bondo, waqf land, and properties registered under external names, as well as overlapping institutional authorities. This study aims to describe the current management practices of MAS based on primary interview data and secondary documentary sources and to analyze them through the lens of Maqasid al-Shariah with a particular focus on the preservation of property (ḥifẓ al-māl) and the promotion of public benefit (al-maṣlaḥah al-‘āmmah). The findings show that although several assets have not yet been legally secured, the management employs pragmatic strategies, including developing productive business units, regulating relations with occupants of the assets, and securing the properties through land mapping, physical markers, and identification signage. The maqasid-based analysis reveals that these measures align with the objective of safeguarding waqf assets from loss while ensuring their benefit for the congregation and the broader community. The resulting model may be characterized as “maqasid pragmatism,” a welfare-oriented management approach for waqf amid structural limitations of formal legal frameworks. This study enriches the scholarly discourse on productive waqf management and proposes a maqasid-based evaluative approach for addressing contested waqf assets in Indonesia. Keywords: waqf assets, Masjid Agung Semarang, Maqasid al-Shariah, ḥifẓ al-māl, public benefit
Formal and Substantive Compliance of Nazhir in the Use of Waqf Principal Funds for Operational Costs Ahmad Wahyudi; Bagas Heradhyaksa; Pas Ingrid Pamesti; Zulkarnaen Ahmad
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 11 No. 1 (2026)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/mmpsxc93

Abstract

This study aims to evaluate the formal and substantive legal compliance of a Nazhir in using waqf principal funds for institutional operational expenses. It employs an empirical legal method with a socio-legal approach and a critical single-case study of Waqf Institution X in Jakarta. Primary data were obtained through a semi-structured interview with a Nazhir involved in fundraising, fund management, and institutional decision-making, while secondary data were derived from waqf regulations, Indonesian Waqf Board guidelines, fatwas, fiqh literature, scholarly publications, and publicly available institutional documents. The data were analysed qualitatively by comparing law in books with law in action through formal and substantive compliance frameworks. The findings indicate that the institution demonstrates elements of formal compliance through its reported registration, organizational structure, and productive waqf activities. However, the reported option to deduct operational expenses directly from the initial waqf contribution raises a substantive compliance problem because Nazhir remuneration should derive from management returns rather than be deducted from the designated principal. Contractual consent does not, by itself, legitimize such deductions because it remains subject to mandatory norms protecting waqf perpetuity. Limited written documentation and unclear separation between principal, returns, and operational expenses also create risks to legal certainty, transparency, and wakif protection. This study contributes a formal–substantive compliance framework for evaluating operational financing practices in contemporary waqf governance.
Co-Authors Achmad Arief Budiman Bagas Heradhyaksa Pas Ingrid Pamesti Wawaysadhya Zulkarnaen Ahmad