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Strengthening the National Waqf Ecosystem through Legal Reform: An Analysis of Waqf Issues in the Provinces of Lampung and South Sumatra Faisal, Faisal; Mu'in, Fathul; Edy, Relit Nur; Indra, Gandhi Liyorba; Santoso, Rudi Santoso
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.9320

Abstract

The study aims to identify waqf issues in Lampung and South Sumatra Provinces and explore potential solutions to develop a national waqf ecosystem that is more responsive to the development of time. This research employed empirical juridical research. The primary data was gathered through observations, interviews, and documentation with waqif (donors), nadzir (the administrators of Waqf), public figures, academics, and BWI (Indonesian Waqf Institution) of Lampung and South Sumatra. The secondary data were gathered from books, laws and regulations, judicial decisions, scientific journals, and websites. This study discovered that the challenges of Waqf in Lampung and South Sumatra Provinces comprised aspects of management and supervision, a lack of socialization and literacy, waqf fraud, and insufficient nadzir (donors) resources for creating profitable Waqf and waqf digitization. The solution is to enhance the national waqf ecosystem by reforming waqf laws to strengthen waqif, nadzir, and BWI. With the renewal of waqf law, a positive ecosystem will emerge, reducing waqf disputes and improving people's well-being.
Larangan Perkawinan Gotong Dalan Tradisi Masyarakat Suku Jawa Perspektif Saddu'dzariah Putri, Deliana; Liyorba Indra, Gandhi; Fitri, Remeiliza
Kartika: Jurnal Studi Keislaman Vol. 5 No. 3 (2025): Kartika: Jurnal Studi Keislaman (November)
Publisher : Lembaga Pendidikan Tinggi Nahdlatul Ulama (LPT NU) PCNU Kabupaten Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59240/kjsk.v5i3.348

Abstract

This study aims to analyze the understanding of the Girimulyo Village community regarding the prohibition of gotong dalan marriage, a traditional Javanese custom that forbids marriage between couples whose houses directly face each other without being separated by a crossroads. The purpose of this research is to explore how this prohibition is perceived and practiced by different generations and to assess its relevance from the perspective of Islamic legal principles, particularly through the concept of sadd adz-dzari‘ah (blocking the means to harm). This study employs a descriptive qualitative method with data collected through in-depth interviews, direct observation, and literature review. The findings reveal that the gotong dalan prohibition has no explicit foundation in Islamic law; however, the fiqh principle of sadd adz-dzari‘ah can be applied to interpret its function as a preventive effort to maintain social harmony and avoid potential conflicts within the community. The study highlights the importance of preserving local wisdom insofar as it does not contradict Islamic law, while fostering dialogue and education between customary norms and religious principles. In this way, traditional values may coexist with the protection of individual rights in marriage, contributing to a harmonious and just social order.
Constitutional and Gender Critique of the Implementation of Aceh’s Qanun: Between Sharia Regulations and the Restriction of Women’s Rights Gandhi Liyorba Indra; Fathul Mu’in
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5912

Abstract

This study aims to provide a constitutional critique of the implementation of qanun in Aceh from the perspectives of the constitution and gender. During its formulation process, the community expressed a desire for Sharia values to be incorporated into the qanun governing the lives of Acehnese people. However, its implementation has the potential to restrict women's rights. This study also seeks to contribute to the reformulation of laws that are fair for all. A qualitative approach is employed in this study, with data collected from library research to analyze constitutional and gender critiques of the implementation of Aceh's qanun. From a constitutional perspective, the study finds that the implementation of Aceh's qanun is not entirely aligned with the national constitution, human rights, and the principles of a unitary state. Although Aceh has special autonomy to implement Islamic law, its enforcement must not contradict the principles of equality before the law, freedom of religion, and the protection of human rights. From a gender perspective, while the qanun aims to uphold Islamic values and establish a well-ordered social structure, its implementation often fails to align with gender justice principles, as it restricts women's rights. To achieve justice for all members of society, it is essential to reassess the application of Aceh’s qanun and ensure women's participation in the decision-making process, so that the resulting policies genuinely reflect the needs and rights of all citizens.
Perlindungan Hukum Bagi Perempuan dan Anak di Negara-Negara Muslim Modern Perspektif Mubadalah Mu'in, Fathul; Fathul; Gandhi Liyorba Indra; Relit Nur Edi; Rudi Santoso; Diah Mukminatul Hasimi
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 5 No 2 (2025): Syakhsiyyah Jurnal Hukum Keluarga
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/82228w12

Abstract

Abstract:  The issue of legal protection for women and children remains a crucial concern in many Muslim countries, particularly regarding gender inequality, domestic violence, and limited access to justice. Although Islam upholds the principles of justice and respect for human dignity, its implementation is often influenced by patriarchal culture and legal systems that have yet to fully protect vulnerable groups. Based on this background, this study aims to analyze the forms and implementation of legal protection for women and children in Saudi Arabia, Egypt, and Indonesia through the mubadalah (reciprocity) perspective. This research is a qualitative library study using normative and comparative approaches, drawing on Islamic legal sources, national legislation, and relevant academic literature. The results indicate that Saudi Arabia remains oriented toward classical fiqh but is beginning to transform through legal reform; Egypt has progressively codified family law; while Indonesia integrates Islamic justice principles with national law through comprehensive regulations protecting women and children. From the mubadalah perspective, all three countries demonstrate efforts toward more equal and just legal relations, affirming that true legal protection must be grounded in reciprocity, humanity, and gender justice.   Keywords: Protection, Women and Children, Muslim Countries, Mubadalah  
Keharmonisan Rumah Tangga Dengan Pasangan Pengidap Skizofrenia Dalam Perspektif Hukum Keluarga Islam Anggi Maulana, Ahmad; Liyorba Indra, Gandhi; Fitri, Remeiliza
Kartika: Jurnal Studi Keislaman Vol. 6 No. 2 (2026): Kartika: Jurnal Studi Keislaman (May)
Publisher : Lembaga Pendidikan Tinggi Nahdlatul Ulama (LPT NU) PCNU Kabupaten Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59240/kjsk.v6i2.771

Abstract

This study examines the marital harmony of married couples where one party suffers from schizophrenia from the perspective of Islamic family law based on the Compilation of Islamic Law (KHI). The research is juridical-normative with a descriptive-analytical approach. Data sources were obtained through a literature review of the Quran, Hadith, KHI, Religious Court decisions, and fiqh munakahat literature. The results show that marital status is determined by the time the schizophrenia disorder appears. If the disorder is present before the marriage contract and causes a lack of legal awareness and competence, then the contract is null and void. Conversely, if it appears after the contract, the marriage remains valid. Healthy couples have the right to maintain the marriage or file for divorce through the Religious Court if schizophrenia causes major harm, as regulated in Article 116 letter e of the KHI. However, the main priority is maintaining harmony through regular medication, therapy, an attitude of mu'asyarah bil ma'ruf, and family support without stigma. Only if all efforts fail and the harm remains significant is the door to divorce opened as a humane Islamic solution, in accordance with the principle of "la dharar wa la dhirar." This research strengthens the balance between maintaining the integrity of the marital bond and the principle of eliminating harm and prevention through premarital mental health assessments
Contractual and Ujrah Clarity in BKB Cadres' Service Arrangement: An Ijarah al-Asykhash Analysis in Natar Village, South Lampung Nanda Chiara Laraisyah; Liky Faizal; Gandhi Liyorba Indra
Vokatek: Jurnal Pengabdian Masyarakat Volume 4: Issue 2 (Agustus 2026)
Publisher : Sakura Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61255/vokatek.v4i2.2010

Abstract

Community cadres often work between voluntary participation and paid public service. This study examines the service arrangement of Bina Keluarga Balita (BKB) cadres integrated with Posyandu in Natar Village, South Lampung, and evaluates its conformity with ijarah al-asykhash under Islamic economic law. Using empirical legal research with a descriptive qualitative approach, data were collected through interviews, observation, and document review involving ten purposively selected informants from provincial and subdistrict program institutions, the village government, Posyandu management, and BKB cadres. Data were analyzed inductively using source triangulation and a normative matrix covering the parties, consent, services, service period, ujrah, rights, obligations, and dispute prevention. The findings show that the village head's decree establishes organizational membership rather than a complete service contract. Duties and schedules are mainly communicated orally, activities generally follow the monthly Posyandu agenda, and cadres receive IDR 130,000 per month, but these elements are not brought together in one clear agreement. The absence of a written document does not automatically invalidate ijarah because Islamic law recognizes oral agreements. The main weakness is uncertainty about the authorized service recipient, detailed duties, scheduling, the basis and procedure of payment, and responsibility. The arrangement therefore cannot be consistently classified as either pure tabarru' or fully specified ijarah. A two-layer governance model is proposed: an appointment decree that establishes institutional status and a service agreement that clarifies duties, duration, compensation, accountability, complaints, and termination. This model can strengthen preventive legal protection while preserving the community-based character of BKB cadres.