Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Ilmu Hukum Prima
Farhan Asyhadi
a:1:{s:5:"en_US";s:37:"Universitas Buana Perjuangan Karawang";}
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Wakaf Properties Used As Guarantee For Debt Are Reviewed In Law Number 41 Of 2004 Concerning Wakaf And The Compilation Of Islamic Law Farhan Asyhadi; Lia Amaliya; Ahmad Saprudin
Ilmu Hukum Prima (IHP) Vol. 9 No. 1 (2026): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Land is one of the most common objects used as collateral. Waqf will be valid as a continuous charity after the owner truly declares the assets he has donated to be public assets and he freezes his rights for the benefit of the community. The identification of the problem in this study is How is the view of Islamic Law and Law Number 41 of 2004 regarding waqf assets used as collateral for debt? As well as the Legal Consequences of waqf land used as collateral According to Law Number 41 of 2004 The methodology used in this study uses normative juridical, The conclusion of this study is based on Article 40 of Law Number 41 of 2004 concerning Waqf that waqf assets are prohibited from being used as collateral, confiscated, donated, sold, inherited, exchanged, transferred in other forms of transfer of rights. And in Article 225 of the Compilation of Islamic Law, objects that have been donated cannot be changed or used other than those intended in the waqf pledge. The agreement with collateral in the form of waqf land does not meet the requirements for a lawful cause, thus the agreement is null and void by law. The criminal provisions are regulated in Article 67 of Law No. 41 of 2004.  
Co-Authors Ahmad Saprudin Lia Amaliya