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Analisis Dogmatik terhadap Legalitas Hak Guna Bangunan di atas Tanah Wakaf: Perspektif Hukum Perjanjian Indonesia Friqly Aldinda Ganadi; Moh Mahrus; Lilik Andaryuni
Al-Muamalat Jurnal Hukum dan Ekonomi Syariah Vol 11 No 1 (2026): Al-Muamalat: Jurnal Hukum dan Ekonomi Syari'ah
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/muamalat.v11i1.11809

Abstract

This study aims to examine the legality of granting HGB over waqf land through a dogmatic legal analysis from the perspective of Indonesian contract law. The research employs a qualitative normative legal method based on library research, analyzing primary legal materials, including the Basic Agrarian Law, the Waqf Law, Government Regulation No. 18 of 2021, and the Indonesian Civil Code, supported by relevant secondary legal sources. The findings demonstrate that the legality of HGB over waqf land can only be justified where the underlying agreement satisfies the requirements for a valid contract, particularly the clarity of contractual subjects and objects, a lawful causa aligned with the purposes of waqf, and the application of the principles of good faith and balance of interests. These findings underscore the urgent need for regulatory reconstruction to ensure that productive waqf development operates within a framework of legal certainty while preserving the social and religious values of waqf.
Reconstructing Aurat and Hifz an-Nafs for the Protection of Women in Digital Spaces Based on Islamic Ethics Farida Syarifah; Lilik Andaryuni
al-Afkar, Journal For Islamic Studies Vol. 9 No. 1 (2026)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v9i1.2858

Abstract

The rapid growth of digital technology has created new spaces for interaction while simultaneously increasing the risk of online gender-based violence against women. In response, the Islamic concepts of aurat and hifz an-nafs within Maqashid Syariah offer a normative-religious approach to digital protection. This study aims to explore how these two principles can serve as a foundational framework for developing a secure and just digital environment for women. Employing a qualitative, descriptive-analytical method based on literature review, data were sourced from tafsir, fiqh, policy documents, and contemporary research. Findings reveal that aurat signifies not only physical modesty but also the safeguarding of dignity, privacy, and identity in digital interactions. Meanwhile, hifz an-nafs promotes protection against digital violence in both physical and psychological forms. The integration of these concepts supports the formation of ethical, gender-sensitive policies and underscores the relevance of Islamic values in shaping a safe digital culture. In conclusion, aurat and hifz an-nafs can provide a comprehensive ethical framework for digital protection. Further studies are encouraged to examine their application in cyber law and digital education.