Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : Pena Justisia: Media Komunikasi dan Kajian Hukum

Productive Waqf with Money (Cash Waqf) in the View of the Acehnese Dayah Scholars Anwar, Anwar; Yuslem, Nawir; Syam, Syafruddin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.2416

Abstract

This study focuses on exploring the views of the dayah scholars in Aceh and the dynamics behind their different views on cash waqf which are becoming popular in Indonesian society. Designed in the form of a qualitative research, research data were collected through in-depth interviews with 8 prominent dayah scholars in Aceh, who were selected purposively. The eight scholars who were used as key informants for this research were charismatic scholars who were always used by the people of Aceh as the mecca of legal fatwas. Data were also collected through repeated observations to research sites and document studies related to the topic being researched. The results of the study show that the dayah scholars in Aceh have different views in executing the law allowing cash waqf. This difference occurs because each scholar has a different perspective in understanding the source of waqf law, both in terms of text and context. In the end, this study argues that the view of the dayah scholars regarding cash waqf which has been very textual in nature, must be shifted to contextual, so that the implementation of cash waqf is carried out properly as an effort to improve the welfare of the Acehnese people.
Factors Supporting The Position And Role Of Minangkabau Women In Resolving Heritage Conflicts In West Sumatra Mahardinata, Imam; Yuslem, Nawir; Asmuni, Asmuni
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.3334

Abstract

Conflict resolution of heritage is a problem that often occurs in Indonesian society. This conflict usually occurs due to disagreements in dividing inherited property between family members. In West Sumatra, Minangkabau women are essential in resolving inheritance conflicts. This article will explain the factors that support the position and role of Minangkabau women in resolving heritage conflicts in West Sumatra. This research is empirical legal research or (socio-legal research) with socio-empirical studies with qualitative research. The approach method used in this study is part of legal pluralism (mix or mix), including philosophical, sociological, phenomenological, and legal anthropological approaches. This article aims to provide an understanding of the role and position of Minangkabau women in resolving heritage conflicts in West Sumatra. The factors that support their role are Economic, Educational, Psychological, and Social factors. It is hoped that this article can provide a better insight into the importance of the role of women in resolving inheritance conflicts, as well as provide proper recognition for Minangkabau women for their contributions to society