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

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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
Metode Memahami Petunjuk Nash Perspektif Ushul Fiqh dan Relevansinya terhadap Perkembangan Hukum Islam Kontemporer Rifaldi Ahmad; Abubakar Mustafa; Mustamin Giling
Al-Kindi Vol. 2 No. 3 (2026): Agustus
Publisher : Al-Kindi

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The Qur’anic and Hadith texts (nash) are the primary sources of Islamic law and hold significant authority in the lives of Muslims. However, understanding nash cannot rely solely on a textual approach, as these texts were revealed within specific linguistic, social, and historical contexts. This study aims to examine the methods of understanding nash from the perspective of ushul fiqh and their relevance to the development of contemporary Islamic law. The research employs a qualitative method with a library research approach through the analysis of classical and contemporary literature related to ushul fiqh and Islamic legal interpretation. The findings reveal that the methods of understanding nash include linguistic (lughawiyah), substantive (ma’nawiyah), and contextual approaches. The linguistic approach emphasizes the analysis of Arabic language structures, while the substantive approach focuses on the objectives of Islamic law (maqāṣid al-syarī‘ah). Meanwhile, the contextual approach seeks to relate the text to social realities so that Islamic law remains relevant to contemporary developments. This study concludes that the integration of these three approaches is essential to produce a comprehensive, moderate, and adaptive understanding of Islamic law without neglecting the fundamental principles of the Sharia.
Co-Authors Basaria Nainggolan Marwa Mustamin Giling Nurhayati Masani Rifaldi Ahmad Roslan