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All Journal Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Jurnal Dinamika Hukum Jurnal Asy-Syari'ah Sriwijaya Law Review Syntax Literate: Jurnal Ilmiah Indonesia Jurnal Surya Kencana Satu : Dinamika Masalah Hukum dan Keadilan Al Maal: Journal of Islamic Economics and Banking Al-Adl : Jurnal Hukum Istinbath : Jurnal Hukum Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Indonesian Journal of International Law COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat Indonesian Notary Cessie : Jurnal Ilmiah Hukum Journal of Islamic Law Studies Kanun: Jurnal Ilmu Hukum AL-IKTISAB: Journal of Islamic Economic Law
Gemala Dewi
Faculty Of Law University Of Indonesia, Depok-Indonesia
Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Implementation of Waqf as 'Urf in Indonesia Ani Yumarni; Gemala Dewi; Jaih Mubarok; Wirdyaningsih Wirdyaningsih; Anna Sardiana
Sriwijaya Law Review Volume 5 Issue 2, July 2021
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol5.Iss2.1126.pp287-299

Abstract

As a tradition that has been practised for a long time, waqf or endowment is clear evidence that Muslims in Indonesia are developing through this worship. However, what if the waqf is in the form of a mosque, Islamic school, and grave (3M’s waqf). It is an unusual thing in the contemporary Islamic tradition, but its existence persists. Meanwhile, 'Urf as one of the legal propositions in establishing Islamic law has known the concept and has been practised for generations in suburban areas where most of the population is Muslim. This tradition is then accommodated in Law Number 41 of 2004 concerning endowment, which contains land endowment and endowment organiser (nazhir). This paper examines the tradition of endowment in Indonesian society to benefit mosques, Islamic schools, and graves. By using the historical and analytical-conceptual approaches, this paper will analyse waqf in these three forms. The results of this study can be taken into consideration by stakeholders in developing strategies for strengthening and empowering 3M's donated land to create benefits for the Indonesian since 3M’s endowment is commonly found in Indonesian society. 
The Implementation of Sharia Values in Interest-Free Motorcycle Financing of Non-Sharia Cooperatives: A Case Study of the Avicenna Jagakarsa School Teachers and Employees Cooperative Meta Saputra; Gemala Dewi
AL-IKTISAB: Journal of Islamic Economic Law Vol. 9 No. 2 (2025): AL-IKTISAB: Journal of Islamic Economic Law, Vol. 9 No. 2 November 2025
Publisher : University of Darusssalam Gontor

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Abstract

This research aims to analyze the implementation of sharia values in interest-free motorcycle financing at a non-sharia financial institution, employing a case study of the Teachers and Employees Cooperative at Avicenna School Jagakarsa. Although not officially labeled as a sharia entity, this cooperative offers a program that eliminates the element of riba (usury/interest). This research employs a qualitative approach using a descriptive analysis method with a single case study design. Data collection was conducted through indepth interviews, observation, and documentation review, which were then analyzed using the Miles and Huberman interactive model. The results indicate that the cooperative's operational practices have adopted the murabahah model by setting a fixed profit margin of 1% per month, this is more competitive compared to conventional institutions, which typically charge approximately 2% per month. Member acceptance is driven by two main factors, the theological factor of avoiding riba for the sake of inner peace, and the economic factor of relatively lower costs. This phenomenon also demonstrates the existence of gradual religious pragmatism, where the substance of anti-usury is prioritized over the perfection of formal contracts. Furthermore, sharia values can be internalized within conventional financial institutions as a solution for more equitable financing, although formal contracts are necessary to guarantee comprehensive sharia compliance.
Co-Authors Aang Anzal Muhammad Gofar Abdul Hakim Alifa Yessi Meilinda Anna Sardiana, Anna Bintoro, Wandha Benny Denita, Devara Dhoni, Arma Eka Septiana Fira Adhisa Rivanda Fitri. S, Aufa Saffanah Guswanto Endra Gautama Istianah Istianah Jaih Mubarok Meta Saputra Muhammad Irvan Septadiono Mutiara Azura Mulyawan Wirdyaningsih Wirdyaningsih Yumarni, Ani