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All Journal MILRev: Metro Islamic Law Review Al Qodiri: Jurnal Pendidikan, Sosial dan Keagamaan
Radif Khotamir Rusli
Universitas Djuanda, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection of Waqf Land Status Against Civil Acts of Individual Nazhir in Lease and Loan Agreements Nova Monaya; Radif Khotamir Rusli; Ilman Khairi
Al Qodiri : Jurnal Pendidikan, Sosial dan Keagamaan Vol. 24 No. 1 (2026): Al Qodiri: Jurnal Pendidikan, Sosial dan Keagamaan
Publisher : Universitas Islam KH. Achmad Muzakki Syah Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53515/alqodiri.v24i1.113

Abstract

This article examines the legal protection mechanisms governing the status of waqf land when individual nazhir (trustees) enter into lease (ijarah) and loan-for-use (ariyah) agreements. Although Indonesian Law No. 41 of 2004 on Waqf expressly prohibits the transfer of waqf property rights, the practice of leasing and lending waqf land gives rise to significant legal ambiguities regarding the transfer of management and usufruct rights. This research employs a normative legal methodology using qualitative analysis of statutory regulations, Islamic jurisprudence, and comparative legal frameworks. The findings reveal a complex legal dichotomy: while ownership of waqf land remains perpetual and legally unchanged, the transfer of management and usage rights to lessees and borrowers may constitute a form of rights alienation that potentially conflicts with national regulations concerning waqf protection. Nevertheless, classical Islamic jurisprudence demonstrates greater flexibility by permitting such arrangements, provided that the resulting benefits are directed toward public welfare (maslahah) rather than private interests. This study proposes a comprehensive legal framework that harmonises Indonesian positive law with Islamic legal principles through the establishment of clear standards for nazhir accountability, transparent documentation procedures, and robust oversight mechanisms. By bridging the gap between rigid statutory restrictions and the practical flexibility recognised in Islamic jurisprudence, the proposed framework seeks to ensure that lease and loan agreements function as effective instruments for optimising underutilised waqf assets while fully preserving their perpetual status and original philanthropic purpose.
Rethinking Contemporary Pesantren Law and Economic Independence: A Legal Economic Approach to Institutional Sustainability Anas Alhifni; Biyati Ahwarumi; Radif Khotamir Rusli; Ramadhita; Firdaus Arifin; Naim Demirel
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i1.12977

Abstract

This study critically examines the relationship between Law No. 18 of 2019 concerning Pesantren and the realization of economic independence within Islamic boarding schools in Indonesia through the perspective of law and economics. Although the law formally recognizes pesantren as institutions of community empowerment, this article questions whether normative legal recognition is sufficient to create sustainable economic autonomy. The research employs a doctrinal legal method combined with an institutional economics approach, emphasizing incentive structures, transaction costs, institutional governance, and economic sustainability. Data were analyzed through statutory interpretation, conceptual analysis, and institutional evaluation of pesantren economic practices in contemporary Indonesia. The findings demonstrate a significant gap between normative legal expectations and practical implementation. Many pesantren continue to experience structural limitations in access to capital, managerial professionalism, market integration, and institutional competitiveness, resulting in continued dependence on state assistance and donor-based programs. The study further reveals that the effectiveness of pesantren law is strongly influenced by the design of legal-economic incentives, institutional differentiation between resource-rich and resource-poor pesantren, and the integration of pesantren enterprises into the broader Islamic financial ecosystem. This article argues that economic independence should not be understood as an automatic consequence of legal recognition, but rather as a dynamic and negotiated process involving the interaction of state regulation, market mechanisms, and religious authority. The study contributes to contemporary Islamic legal scholarship by offering an institutional economics framework for pesantren development and proposing policy recommendations focused on incentive-based regulation, tiered Sharia-compliant financing, and sustainable institutional capacity building for pesantren economic transformation.
Co-Authors Anas Alhifni Biyati Ahwarumi Firdaus Arifin Ilman Khairi Naim Demirel Nova Monaya Ramadhita