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All Journal Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam Al-battar: Jurnal Pamungkas Hukum
Irsan Irsan
Sekolah Tinggi Dirasat Islamiyah Imam Syafi'i Jember
Religion Law, Crime, Criminology & Criminal Justice 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.
ANALYSIS OF THE STRATEGY FOR DISTRIBUTING ZIS FUNDS THROUGH THE TEACHER CARE PROGRAM AT LAZISMU, SURAKARTA CITY Ayub Makrub Islamudin; Irsan Irsan
JURNAL HAKAM Vol 9, No 1 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v9i1.11635

Abstract

Poverty is a major problem in Indonesia that continues to be faced to this day. Lazismu Surakarta City comes with a program that provides solutions in the midst of the void of things that escape the government's attention. This study aims to analyze the strategy of distributing ZIS funds through the teacher care program at Lazismu Surakarta. The method used in this research is a qualitative method, the data source of this research uses primary and secondary data, primary data collected by interview, observation and documentation directly at the Surakarta lazismu office while secondary data is obtained from various kinds of journal literature, lazismu official web, articles and others. The results of this study indicate that the strategy of channeling ZIS funds carried out by Lazismu Surakarta is among others: cooperating with the Education Council of the Regional Leadership of Aisyiyah Surakarta to survey, each teacher is given an account number on behalf of the teacher, using BPRS HIK Surakarta bank as a distribution, gathering all selected teachers at the beginning of the year and certain moments. Sharia review of the strategy of distributing ZIS funds through the teacher care program in the lazismu of Surakarta city is generally in accordance with the guidance of the Qur'an and As sunnah, teachers can receive subsidies from zakat funds as part of the fiisabilillah group, because their role in preparing cadres of people is a form of jihad in the way of Allah and efforts to uphold the sentence of Allah, the use of banks as wasilah in transferring zakat is permissible because there is no element of forbidden, lazismu feedback to the BPRS HIK bank should not be necessary because this can diminish or weaken the sincerity of those who give zakat.
Co-Authors Ahmad Fauzan Azhima Aslati Aslati Ayub Makrub Islamudin