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Journal : Samara: Journal of Islamic Law and Family Studies

The Concept of Islamic Economic Fiqh in Mu’amalah Perspective Efendi, Faisal; Candra, Afrikal; Mardianton, Mardianton; Fauzi, M.; Ilham, Elgi Muhammad; Sumarni, Ira
Samara: Journal of Islamic Law and Family Studies Vol. 1 No. 1 (2023): December
Publisher : Samara: Journal of Islamic Law and Family Studies

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Abstract

Islamic Economic Fiqh is an important foundation for understanding and applying economic principles in Islam, with a special focus on muamalah or daily life transactions. This discussion aims to find out the concept of Islamic economic jurisprudence from several experts and also aims to find out what is the scope of the discussion of Islamic economic jurisprudence (Fiqh Iqtishad). Islamic economic jurisprudence is knowledge about activities or transactions based on Sharia law and about human behavior in their lives obtained from detailed Islamic postulates. The scope of Islamic economic jurisprudence is all human economic activities based on Islamic law in the form of regulations containing commands or prohibitions such as obligatory, sunnah, haram, makruh, and permissible. In general, the scope of Islamic economics includes economic aspects, including Syirkah and mudharabah, murabahah, khiyar, istisna, ijarah, salam, kafalah, hawalah, and others. However, the aspect of cooperation that is most often carried out is profit sharing, namely Syirkah, and mudharabah. Fiqh law consists of legal laws regarding matters of worship about the vertical relationship between humans and Rabb and human relationships with other humans.
Analysis of the Phenomenon of the Transfer of Waqaf Assets in Muslim Societies Zulkifli, Musa; Syaputra, Andra; Fauzi, M.; Ediz, M. Hidayat; Nuraiman, Nuraiman
Samara: Journal of Islamic Law and Family Studies Vol. 2 No. 1 (2024): June
Publisher : Samara: Journal of Islamic Law and Family Studies

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Abstract

This research was motivated by discovering waqf land originally built with a prayer room (mushalla). The position of this waqf land is on a hill. However, the prayer room that had been built there was dismantled by the wakif's descendants and moved to another location. The location of the prayer room which was demolished was then used to build a house. This research aims to analyze the transition of the function of waqf land according to Law Number 41 of 2004. This research uses qualitative research methods with a descriptive approach. Data sources include direct interviews, observation, and documentation. The author uses a normative juridical and empirical juridical approach in analyzing the transition of the function of waqf land by Law Number 41 of 2004. Based on the results of this research analysis, the results showed that first, the public's view of the transfer of waqf land shows that some people still do not know the laws governing waqf land. This is proven by the existence of several individuals who have transferred the function of waqf land. Second, the waqf land originally had a prayer room on it and was located on a hill. The prayer room was dismantled by the wakif's grandchildren and reused elsewhere. The location of the prayer room which was demolished was then used by the wakif's grandchildren to build a house. Third, an analysis of Law Number 41 of 2004 concerning the Transfer of Waqf Land shows that the status of waqf land that has been allocated is prohibited from being changed or transferred in any form except for exchange for the public interest by the spatial planning contained in Law Number 41 of 2004 concerning Waqf Articles 1 and 2.