Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal NALAR FIQH: Jurnal Hukum Islam
Muhammad Sibawaihi
UIN Sulthan Thaha Saifuddi Jambi
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Not Iddah Syar'i, but Administrative Obligation: Maslahah Mursalah Test on the Prohibition of Marriage for Husbands in the Circular Letter of the Director General of Islamic Guidance Number P-005 of 2021 Inni Rahmah; Kholil suaib; Muhammad Sibawaihi
NALAR FIQH: Jurnal Hukum Islam Vol. 12 No. 1 (2021): June 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v12i1.2741

Abstract

Deterritorialization of Amil and Nazhir Legal Status of Digital Platforms for Zakat and Money Waqf in Indonesia Perspective of Maqasid al-Syari’ah Muhammad Sibawaihi; Aliyas Aliyas
NALAR FIQH: Jurnal Hukum Islam Vol. 8 No. 2 (2017): December 2017
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

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

Abstract

he collection of zakat and waqf money in Indonesia is increasingly flowing through electronic wallets, marketplaces, and crowdfunding platforms, while positive law still anchors the authority of amil and nazhir in administrative areas, physical communities, and nodes of state-appointed institutions. This article answers three questions how positive law and classical fiqh construct the authority of amil and nazhir territorially, in what qualifications digital platforms can be placed, and what model of arrangement is the most robust according to maqasid al-syari’ah. Using normative methods through legislative, case, and conceptual approaches, this study examines Law 23/2011, Law 41/2004, Constitutional Court Decisions 86/PUU-X/2012 and 97/PUU-XXII/2024, the revocation of ACT permits, MUI Fatwa 8/2011, and the doctrine of naql al-zakah. The results show that the exclusion of community amil in the Constitutional Court Decision is spatially formulated and centralization is justified by the premise of limited geographical reach, a premise that collapses in the face of the platform. This article proposes a tiered qualification: the platform as ajir, as a wakil, or as functional amil and nazhir, with the principle that function determines obligations while ratification determines rights. The test of the four rubrics of maqasid shows that the functional authorization model is more balanced than the territorial model and the liberal model. This finding is formulated into five proposed norms for the revision of the Zakat Management Law and the Waqf Law ordered by the Constitutional Court.
Co-Authors Aliyas Aliyas Inni Rahmah Kholil suaib