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All Journal AL-FALAH : Journal of Islamic Economics Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Muhammad Abu Dzar
International Islamic University of Malaysia
Religion Economics, Econometrics & Finance

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Codifying Waqf Fiqh in Indonesia: Historical Transformation and Legal Challenges in a Plural Legal System Muhammad Abu Dzar; MA Zaim; M Amanullah
AL-FALAH : Journal of Islamic Economics Vol. 11 No. 1 (2026)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/alfalah.v11i1.16186

Abstract

Purpose: This article aims to examine the historical transformation and codification of waqf jurisprudence in Indonesia and to analyze the legal challenges arising in its implementation within a plural legal system. This study seeks to explain how Islamic law, state law, and customary law interact and negotiate in shaping national waqf regulations. Design/Method/Approach: This study employs a qualitative juridical-normative approach combined with historical analysis. Based on the theoretical framework of taqnīn al-fiqh (codification of Islamic law) and the theory of legal pluralism, the research analyzes legislation, classical fiqh texts, and relevant academic literature. Data is examined using content analysis and historical-critical analysis methods. Findings: Research indicates that the codification of waqf in Indonesia has developed gradually, beginning with pre-colonial religious practices, continuing through colonial administrative interventions, and culminating in the enactment of Law Number 41 of 2004 on Waqf. The plural legal system has significantly influenced the substance and direction of waqf codification through processes of negotiation and normative compromise. Nevertheless, its implementation still faces normative, institutional, and socio-cultural challenges. Originality/Values: This research contributes to the development of contemporary Islamic legal theory by demonstrating the dynamic and negotiative relationship between Islamic law and the modern state within the context of plural law. The study fills a gap in waqf studies by positioning codification as a historical-juridical process, rather than merely a normative or regulatory phenomenon, while also offering policy implications for strengthening waqf governance within a plural legal system.
Sharī‘ah-Based Governance as a Contextual Normative Framework: Relevance and Reconstruction in Modern State Governance Muhammad Abu Dzar; Muhammad Azizzullah Ilyas; Ifansyah Putra; Essa Lafi Hassan Al Smadi
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 13, No 1 (2026): January-June
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v13i1.10569

Abstract

This article reconceptualizes Siyāsah Syar‘iyyah as a dynamic normative-epistemological framework in contemporary state governance. Despite the growing body of literature on Islamic governance, prior studies have largely remained at the descriptive or compatibility level, without offering a systematic methodological reconstruction capable of bridging classical jurisprudence and modern political realities. Addressing this gap, this study repositions Siyāsah Syar‘iyyah as an ijtihād-based model grounded in maqāṣid al-sharī‘ah, with an emphasis on public interest (al-maṣlaḥah al-mu‘tabarah), justice (taḥqīq al-‘adl), prevention of harm (raf‘ al-mafsadah), and consideration of long-term consequences (i‘tibār al-ma‘ālāt). Using a normative-doctrinal qualitative approach, this research examines the jurisprudential thought of al-Māwardī, al-Qarāfī, and Ibn al-Qayyim alongside contemporary debates on law and the state. This study argues that governance belongs to the domain of revisable norms (aḥkām mutaghayyirah), so that institutional forms such as constitutionalism and democracy can be understood as evaluative instruments, not fixed Islamic models. The findings indicate that Siyāsah Syar‘iyyah is compatible with modern political systems — including democracy and constitutionalism — as long as they are oriented toward justice and the public good, since such systems function as evaluative instruments (wasā‘il), not fixed Islamic models. The contribution of this research lies in the reconstruction of Siyāsah Syar‘iyyah as a contextual, maqāṣid-based, and outcome-oriented normative framework, operationalized through three strategic mechanisms: (1) the institutionalization of collective ijtihād in governance; (2) maqāṣid-grounded legislation; and (3) the operationalization of Islamic political ethics in public administration. In the Indonesian context, this framework demonstrates that Islamic governance values can be substantively embedded within constitutional practice, religious court jurisprudence, and sharia-based legislation — such as the KHI, KHES, and regulations on zakat and waqf — without necessitating a formal Islamic state
Co-Authors Essa Lafi Hassan Al Smadi Ifansyah Putra M Amanullah MA Zaim Muhammad Azizzullah Ilyas