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All Journal Al-battar: Jurnal Pamungkas Hukum Al-Zaujiyyah: Jurnal Hukum Keluarga Islam
Ahmad Fauzan Azhima
Sekolah Tinggi Dirasat Islamiyah Imam Syafi'i Jember
Religion Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Menjaga Keabadian atau Memenuhi Kebutuhan? Dilema Penjualan Aset Wakaf dalam Perspektif Fiqih Ahmad Fauzan Azhima; Irsan Irsan; Aslati Aslati
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 2 (2025): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i2.348

Abstract

The productivity of waqf assets is crucial for ensuring their long-term benefits. However, many nazir face limited operational funds for maintenance and development. This situation raises a dilemma: can the partial sale of waqf assets for operational purposes be justified, while the principle of perpetuity in Islamic jurisprudence strictly prohibits the transfer of ownership except in cases of necessity? Previous studies have largely examined istibdal in the form of exchanging unproductive assets, leaving a research gap regarding the sale of waqf assets to sustain institutional operations. This study employs a library research method with a doctrinal legal research approach and comparative fiqh analysis, supplemented by a statutory approach to Indonesian waqf legislation. The data sources consist of classical fiqh texts from the four major schools of thought as well as contemporary literature on Indonesian waqf regulations. The analysis is framed within maqashid al-shariʿah and the principle of necessity. The findings indicate that the sale of waqf assets for operational purposes is fundamentally prohibited for three main reasons: (1) it contradicts the principle of perpetuity; (2) as long as the assets remain beneficial, their sale is impermissible according to the majority of jurists; and (3) alternative solutions exist without resorting to sale. Nevertheless, this issue is not only normative but also has significant implications for national waqf governance. Therefore, collective ijtihād and stronger collaboration between the Indonesian Waqf Board (BWI), the Indonesian Council of Ulama (MUI), and Islamic financial regulators are required to establish technical standards for istibdal.
Early Marriage Experience (A Phenomenological Study of Gambiran Jember Society): Pengalaman Nikah Dini (Studi Fenomenologi pada Masyarakat Gambiran Jember) Rachmat Riyanto; Yahya Abdul Azies; Ahmad Fauzan Azhima; Juvan Pabuka Almadjid; Bagas Alfansyah
Al-Zaujiyyah: Jurnal Hukum Keluarga Islam Vol 1 No 2 (2024): Desember
Publisher : PT Syamilah Literasi Islami

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Abstract

An important experience to learn and understand is the experience of getting married. Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the belief in the Almighty God. Marriage can be carried out if the marriage conditions are met, among the marriage conditions that must be met is meeting the minimum age limit, namely 19 years for men and women. Marriages that take place under this age are called early-age marriages. Gambiran Village is one of the villages in Kalisat District, Jember Regency, East Java. The aim of this research is to determine the experience of early-age marriage in the Gambiran Jember community, the impact of early-age marriage, as well as positive legal, health and Islamic law perspectives on early-age marriage. This research uses a qualitative approach with a phenomenological type of research. The results of this research show that: (1) There are various experiences experienced by perpetrators of early-age marriage in the Gambiran Jember community, which are divided into experiences before and after marriage. (2) Early-age marriage in Gambiran has positive and negative impacts. (3) From the perspective of positive Indonesian law, marriages between minors must apply for marriage dispensation. According to a health science perspective, women are considered to be physically mature when they are 20 years old, so marriages carried out under this age will cause risks to the health of the mother and baby which can lead to death. According to an Islamic legal perspective, there is no age limit as long as the marriage conditions are met.
Co-Authors Aslati Aslati Bagas Alfansyah Irsan Irsan Juvan Pabuka Almadjid Rachmat Riyanto Yahya Abdul Azies