Muhammad Afif
Universitas Andi Sudirman

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Pengelolaan Harta Wakaf di Kabupaten Bone Perspektif Hukum Perwakafan Islam dan Hukum Nasional Muhammad Afif; Tarmizi Tarmizi; Muh. Bakri
Al-Azhar Islamic Law Review VOLUME 6 NOMOR 2, 2024
Publisher : Program Studi Hukum Keluarga Islam (Ahwal Syakhshiyyah), Sekolah Tinggi Agama Islam (STAI) Al-Azhar Gowa

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Abstract

This study aims to determine the implementation of waqf asset management in Bone Regency from the perspective of Islamic law and national law. The research approach used is a juridical approach and a empirical approach, attempting to construct legal arguments based on concrete cases that occurred in Bone Regency. The results show that waqf law in Islamic law focuses more on spiritual aspects and social charity, with a simpler approach based on religious principles. Meanwhile, waqf law in national law prioritizes formal legal aspects and administrative oversight by state institutions, making its implementation more structured and complex. Its implementation in waqf asset management in Bone Regency demonstrates a harmony between Islamic law and national law. In Islamic law, waqf must be carried out with good intentions and for purposes in accordance with Islamic teachings. Meanwhile, in Indonesian civil law, the implementation of waqf in Bone Regency involves the application of Islamic legal principles as regulated by Law Number 41 of 2004 concerning Waqf and also more general Islamic law.