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All Journal Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Tadhkirah: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah
Noor Izzati Amelia
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Tinjauan Yuridis terhadap Sengketa Wakaf dalam Praktik Peradilan Agama Noor Izzati Amelia; Nur Najwa; Noor Halimah; Nor Harika
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 2 No. 2 (2025): Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v2i2.1514

Abstract

Waqf is a significant instrument in Islamic teachings that functions not only as a form of worship but also plays a strategic role in enhancing the social and economic welfare of society. However, in practice, waqf often faces various legal challenges, such as the validity of the waqf declaration, the appointment of nazhir (waqf managers), and conflicts between heirs and beneficiaries. This study aims to provide a comprehensive understanding of the strategic position of waqf, analyze the root causes of legal issues that arise in its management, and evaluate the role of the Religious Courts in resolving waqf disputes fairly. The research method used is normative juridical, with a literature review approach focusing on Law Number 41 of 2004 concerning Waqf and various relevant legal sources. The findings reveal that waqf disputes commonly involve issues of legality, asset exchange or sale, and the annulment of waqf declarations. The study also identifies disparities in judicial decisions, influenced by differences in the judges’ educational backgrounds and legal approaches. Therefore, there is a need to strengthen national jurisprudence as a reference in waqf-related cases, provide training for nazhir to enhance professionalism, improve the capacity of judges in Religious Courts, and promote legal education among the public. These efforts are expected to create a more just, consistent, and effective dispute resolution system, thereby supporting the productive and sustainable management of waqf assets.
Peranan Qawaid Al-Fiqhiyyah dalam Pencatatan Perkawinan Noor Izzati Amelia; Vichi Novalia; M. Riyas Rasyid; Lisnawati Lisnawati
TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah Vol. 2 No. 2 (2025): TADHKIRAH : Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah
Publisher : STIKes Ibnu Sina Ajibarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59841/tadhkirah.v2i2.94

Abstract

Qawaid al-Fiqhiyyah are fundamental principles in Islamic law that serve as guidelines for establishing legal rulings, including in the context of marriage registration. Although, in Islam, the validity of a marriage is determined by the fulfillment of its pillars and conditions, marriage registration becomes crucial in state law to ensure legal certainty and provide protection for married couples and their children. The application of fiqh principles such as "Harm must be eliminated" and "Preventing harm takes precedence over obtaining benefits" indicates that marriage registration is necessary to prevent various legal and social issues. Furthermore, this registration aligns with the principle of maslahah (public benefit) in Islamic law, which aims to safeguard the rights of spouses and their offspring. Therefore, although marriage registration is not a requirement for a valid marriage in Islam, from a legal and public welfare perspective, it plays a highly significant role.
Co-Authors Lisnawati Lisnawati M. Riyas Rasyid Noor Halimah Nor Harika Nur Najwa Vichi Novalia