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All Journal Al Kindi Jurnal Pendidikan Islam Multidisipliner
Marwa
Institut Agama Islam Negeri Ternate, Indonesia
Religion Education

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Wakaf dalam Perspektif Fiqh: Analisis Komparatif Mazhab dan Relevansinya di Era Kontemporer Wijayanti Eka Suryandari; Rifaldi Ahmad; Agung Nasir; Basaria Nainggolang; Marwa
Al-Kindi Vol. 2 No. 2 (2026): Mei
Publisher : Al-Kindi

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Waqf is a socio-religious institution in Islam that plays a strategic role in developing the welfare of the community. This article analyzes waqf from a fiqh perspective using a comparative approach between schools of thought, covering the definition, legal basis, pillars, conditions, types, and differences of opinion among classical and contemporary scholars. This research uses a normative legal research method with a comparative-school approach and a conceptual approach. Through a study of the Qur'an, hadith, authorized fiqh books, contemporary fatwas, and laws and regulations, this study finds that differences in views between schools, especially regarding the ownership status of waqf assets, the permanence of waqf objects, and the permissibility of cash waqf, stem from differences in istinbath methodology. The findings indicate that the flexibility of waqf fiqh, particularly in the Hanafi and Maliki schools of thought, opens up space for innovation in productive waqf management in the modern era. This article recommends a revitalization of waqf fiqh that is responsive to contemporary challenges without abandoning the fundamental principles of sharia
Wakaf dalam Hukum Positif Indonesia: Analisis Yuridis-Normatif Terhadap Regulasi, Implementasi, dan Efektivitas Kesejahteraan Nurhayati Masani; Roslan; Abubakar Mustafa; Basaria Nainggolan; Marwa
Al-Kindi Vol. 2 No. 2 (2026): Mei
Publisher : Al-Kindi

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Waqf has great potential to support social and economic welfare in Indonesia, but its implementation still faces various challenges. This article aims to analyze the regulation of waqf in Indonesian positive law, its implementation problems, and the effectiveness of regulations in improving public welfare. The research employs a normative juridical method with statutory and conceptual approaches. The findings indicate that Law Number 41 of 2004 concerning Waqf has recognized cash waqf and productive waqf, but its implementation faces problems such as low certification of waqf lands, disputes with heirs, and regulatory limitations that restrict the space for the Indonesian Waqf Board (BWI). The effectiveness of waqf law is not yet optimal, as evidenced by the gap between waqf asset potential (IDR 3,500 trillion) and cash waqf realization (IDR 3.5 trillion). This research recommends revision of the Waqf Law, acceleration of waqf land certification, strengthening of public literacy, improvement of nazhir professionalism, and development of productive waqf models integrated with national development programs
Co-Authors Abubakar Mustafa Agung Nasir Basaria Nainggolan Basaria Nainggolang Nurhayati Masani Rifaldi Ahmad Roslan Wijayanti Eka Suryandari