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Model of Zakat Utilization in the Covid-19 Pandemic Era: Perspective of Maqashid Sharia Ramadhita, Ramadhita; Sudirman, Sudirman; Bachri, Syabbul
AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

The Covid-19 pandemic brought significant changes in human social life. One of the most affected sectors is the economy. One of the financial institutions that can be used to alleviate poverty is zakat. This article aims to describe the utilization of zakat in East Java province and analyze it using the principles of Maqashid Sharia. This article is based on empirical research using a conceptual approach. Primary data was generated from interviews with Badan Amil Zakat East Java, Yayasan Dana Sosial Al-Falah Malang, Nurul Hayat Malang, and Baitul Mal Hidayatullah Malang. This study shows that zakat management institutions have distributed productive zakat. There are three models of the productive distribution of zakat: the provision of Business Capital, Revolving Funds, and scholarships. Productive management of zakat can be maximized through mentoring and monitoring the program. Assistance to mustahiq beneficiaries can improve the quality of religious knowledge, reason, and economic income as stated in maqashid syariah.

The Criminalization of Polyamory Perspective Islamic Penal Law and Indonesian New Penal Code Bachri, Syabbul; Samuri, Mohd Al Adib; Moosa, Najma; Duran, BÃ¼ÅŸra Nur; Ramadhita, Ramadhita
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.7221

Regardless of the social stigma faced, polyamory has become a widely discussed issue and has received much attention in various fields. This study aims to examine the legal aspects regarding the criminalization of polyamory from the perspective of Islamic criminal law and the new penal code in Indonesia. This study is a type of normative juridical research with a conceptual and statutory approach. The research results show that any sexual relation outside of legal marriage is considered adultery in Islam, requiring criminal sanctions for the perpetrators. Polyamory cases involving same-sex couples are also included in the criminal act. In the Indonesian legal context, although the term polyamory is not mentioned explicitly, the new Penal Code has the potential to criminalize polyamorous perpetrators with the latest regulations regarding adultery and cohabitation offenses. This new penal code can also criminalize homosexual behaviour including lesbian, gay, bisexual, transgender, and Queer plus(LGBTQ+) people. However, the perpetrator of polyamory can only be convicted if there is a complaint from the aggrieved party (i.e. the legal spouse, children, and parents of the perpetrator), because those articles fall into the category of absolute complaint offenses. Looking at the cultural values of Indonesian society, especially the teachings of Islam as a religion adhered to by the majority of citizens, the criminalization of polyamory should be included in the ordinary complaint offense so that it can be in line with the living norms in society.

Regulation of the Waqif Heirs in the Law of Waqf in Indonesia and Malaysia Al-Anshori, Huzaimah; Ramadhita, Ramadhita; Manfaluthi, Agus
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2535

Indonesia and Malaysia, as developing countries, have similarities and differences regarding the heirs of the waqif, from their implementation, legal basis, and system, to the resolution of waqf disputes. This investigation scrutinizes the convergences and divergences within the waqf juridical frameworks of Indonesia and Malaysia, with implications that enrich the global dialogue on waqf jurisprudence. The study adopts a doctrinal, literature-oriented methodology, employing a normative juridical paradigm and relying on secondary data comprising primary, secondary, and tertiary legal sources. The analytical technique employed is comparative in nature. The outcomes of this inquiry elucidate that the legal configuration governing the heirs of a waqif in both Indonesia and Malaysia embodies distinct attributes reflective of their respective sociocultural typologies. The legislative treatment of waqif heirs in the two jurisdictions diverges; in Indonesia, their recognition is expressly articulated in Article 6, paragraphs (2) and (4) of Government Regulation No. 42 of 2006, which operationalizes the Waqf Law. The existing nazir informs the waqif or the waqif heirs, and the waqif heirs have the right to propose to the Indonesian Waqf Board (BWI) for the nazir‘s termination and replacement. In Malaysia, the waqif heirs are not specifically regulated, but there is legislation stipulating that in the waqf practice, the waqif must obtain approval from the King and the waqif heirs. The common point between these two countries lies in the framework of Islamic law, which follows the Shafi'i madhhab but is not absolute. However, in Malaysia, this only applies in certain states.

Regulation of the Waqif Heirs in the Law of Waqf in Indonesia and Malaysia Al-Anshori, Huzaimah; Ramadhita, Ramadhita; Manfaluthi, Agus
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2535

Indonesia and Malaysia, as developing countries, have similarities and differences regarding the heirs of the waqif, from their implementation, legal basis, and system, to the resolution of waqf disputes. This investigation scrutinizes the convergences and divergences within the waqf juridical frameworks of Indonesia and Malaysia, with implications that enrich the global dialogue on waqf jurisprudence. The study adopts a doctrinal, literature-oriented methodology, employing a normative juridical paradigm and relying on secondary data comprising primary, secondary, and tertiary legal sources. The analytical technique employed is comparative in nature. The outcomes of this inquiry elucidate that the legal configuration governing the heirs of a waqif in both Indonesia and Malaysia embodies distinct attributes reflective of their respective sociocultural typologies. The legislative treatment of waqif heirs in the two jurisdictions diverges; in Indonesia, their recognition is expressly articulated in Article 6, paragraphs (2) and (4) of Government Regulation No. 42 of 2006, which operationalizes the Waqf Law. The existing nazir informs the waqif or the waqif heirs, and the waqif heirs have the right to propose to the Indonesian Waqf Board (BWI) for the nazir‘s termination and replacement. In Malaysia, the waqif heirs are not specifically regulated, but there is legislation stipulating that in the waqf practice, the waqif must obtain approval from the King and the waqif heirs. The common point between these two countries lies in the framework of Islamic law, which follows the Shafi'i madhhab but is not absolute. However, in Malaysia, this only applies in certain states.

Clarifying Heirs’ Rights in Indonesian Waqf Law: Toward Stronger Governance and Conflict Prevention Al-Anshori, Huzaimah; Syamsudin, M.; Triyanta, Agus; Ramadhita, Ramadhita; Bachri, Syabbul; Alotaibi, Hajed A.
Nurani Vol 25 No 2 (2025): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v25i2.30356

This research analyzes the current legal framework governing the rights of a wakif’s heirs under Indonesian waqf law and proposes a model of regulatory reform aimed at enhancing waqf governance and minimizing potential inheritance disputes. The urgency of this research arises from the increasing number of waqf dispute cases brought before Indonesian Religious Courts, many of which involve heirs claiming ownership of assets already pledged as waqf. These disputes reflect ongoing legal uncertainty and the lack of clear regulatory provisions governing heirs’ procedural rights, a condition that risks weakening both the long-term sustainability of waqf management and the overall stability of the legal system. The objectives of this study are twofold: (1) to analyze the normative and socio-legal factors contributing to heirs’ involvement in waqf disputes, and (2) to propose a legal reform framework that clarifies their position within the waqf system. Using a normative juridical method with statutory and conceptual approaches, the study finds that the ambiguity of Law No. 41 of 2004 concerning Waqf, particularly the absence of the term “wakif’s heirs” in Article 6, creates interpretive gaps leading to recurrent ownership claims. To address these issues, this paper proposes revising the Waqf Law to explicitly recognize the limited supervisory rights of heirs while maintaining the sanctity of waqf as perpetual charity. This proposed reform seeks to align the principles of Islamic jurisprudence with national law in order to ensure legal certainty, reduce the potential for disputes, and strengthen the overall effectiveness of waqf governance. The study contributes conceptually by redefining heirs’ legal standing and practically by promoting a conflict-resilient and sustainable waqf ecosystem in Indonesia.

Analysis of Mut'ah Marriage Hadith from Sunni & Shia Perspective Hasyim, Badruzzaman; Ramadhita, Ramadhita
Al-Maslahah : Jurnal Ilmu Syariah Vol 21, No 1 (2025)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v21i1.2805

In Islam, marriage is considered as a strong bond between a man and a woman which aims to form a stable and lasting family as well as Sakinah, mawaddah, and rahmah. This marriage is considered as a valid contract between the two parties and has clear rules and obligations. However, opinions regarding mut'ah marriage differ among Islamic scholars and schools of thought. Some scholars hold that mut'a marriage is a permissible practice under certain circumstances, while others strictly prohibit it. This research is library research, this research is classified as qualitative research and to combine Sunni and Shia opinions, a comparative method is used. The results of this study are that the Sunnis agree that the law of mutah marriage is unlawful, while the Shiites argue that the law of mutah marriage is halal. This legal difference occurs because of differences in the interpretation of the hadiths they use in hujjah. Both Sunnis and Shiites have hadiths that strengthen their respective arguments.

Enhancing the Supervisory Board of the Corruption Eradication Commission: Insights from Hong Kong, United Kingdom, and European Union Lutfi, Mustafa; Ramadhita, Ramadhita; Septiani, Septiani; Nur, Asrul Ibrahim
Yustisia Vol 12, No 3: December 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i3.71785

Establishing the KPK Supervisory Board as a juridical consequence of Law Number 19 of 2019 is an effort to improve KPK's supervisory system. But its formation has caused many pros and cons in the community. The existence of this board is considered to weaken and hinder the performance of KPK. This study analyzes the position of the KPK Supervisory Board after Constitutional Court Decree Number 70/PUU-XVII/2019 concerning reducing the pro-Justitia authority of the Supervisory Board regarding the comparative study involving several countries. This study uses legal research with comparative and statutory approaches. The study results show that the KPK Supervisory Board, as the KPK's internal supervisory body, still requires adjustments by adopting the supervisory mechanisms implemented by comparator countries relevant to the Indonesian Legal System. Some of these are related to the mechanism of monitoring and evaluation of the performance of the KPK Supervisory Board and the KPK itself.

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