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All Journal Management of Zakat and Waqf Journal (MAZAWA)) Asasi: Journal of Islamic Family Law
Riadi, Affan
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Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Efektifitas Sertifikasi Tanah Wakaf di Indonesia: Analisis Komparatif Fikih dan Hukum Positif Marginingrum, Pranadiana; Riadi, Affan
Management of Zakat and Waqf Journal (MAZAWA) Vol. 2 No. 2 (2021): Management Of Zakat and Waqf Journal (MAZAWA)
Publisher : Universitas Islam Negeri Sunan Ampel Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/mzw.2021.2.2.136-152

Abstract

This research is a literature study that is supported by the evidence of field research on the status of uncertified waqf land. The consensus on the legal status of the waqf land according to both fiqh and adat in the community is still being contested. Some say that the donated land does not need to be certified because it deals with issues of worshiping God, while others say that the donated land must be certified. This phenomenon has brought society into a dilemma, eventually leading to stagnation. Therefore, this study seeks to answer two questions, namely; 1) what is the legal status of the waqf land that does not have a certificate? 2) How is the legal protection for the waqf land that does not have a certificate? This research is a normative juridical research which aims to study the principles and principles that exist in the science of law. The information used consists of primary, secondary and tertiary legal materials. The results of this research are to show that the status of waqf land that does not have a certificate is legal in Islamic law and the person who donates will also get reward as long as it fulfills the principles and provisions set out in sharia. On the other hand, in the statutory law, the status of waqf land which does not have a certificate does not have the power in the waqf land law that Nazhir recommends to certify the donated land.
Tradisi Ompangan Tengka Walimatul Ursy Perspektif Urf dan Maslahah Mursalah: (Studi Kasus di Desa Karduluk, Kec. Pragaan, Kab. Sumenep) Riadi, Affan
ASASI: Journal of Islamic Family Law Vol. 3 No. 2 (2023)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v3i2.291

Abstract

The tradition of Ompangan Tengka Wali>mat al-'Urs which is sometimes enlivened with entertainment, where this entertainment requires a sizable budget, this will lead to prolonged and accumulating debts, even the Ompangan Tengka debt is passed on to their children and grandchildren. The focus of this study (1) The reasons for the Karduluk community to preserve the Ompangan Tengka Wali>mat al-'Urs tradition (2) 'Urf's view of the Ompangan Tengka Wali>mat al-'Urs tradition (3) The approach used in this study is a descriptive- analysis. Data collection techniques used are interviews, observation, and documentation. Data analysis techniques were carried out by means of data reduction, data categorization, data analysis, drawing conclusions. To check the validity of the data the researcher uses triangulation. The results of this study found that (1) the Karduluk community preserved the Ompangan Tengka Wali>mat al-'Urs tradition as follows: First, traditions or ancestral heritage. Second, the strong social spirit of the Karduluk community. Third, long-term investment. Fourth, capital for the celebration of Wali>mat al-'Urs. Fifth, the actualization of Islamic religious recommendations. (2) Viewed from the perspective of 'Urf, the Ompangan Tengka Wali>mat al-'Urs tradition is categorized as follows: First, in terms of its object, the Ompangan Tengka Wali>mat al-'Urs tradition is 'Urf al-'Amali>. Second, in terms of coverage it belongs to 'Urf al-'Am. Third, in terms of its validity in syara', it is included in 'Urf al-S}ahi>h.
Co-Authors Marginingrum, Pranadiana