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PENGELOLAAN WAKAF TUNAI OLEH AZISWA DI PONDOK PESANTREN USHULUDDIN LAMPUNG SELATAN Alfikri, Ahmad
Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 21 No 2 (2023): (Oktober 2023)
Publisher : LPPM IAI IBRAHIMY GENTENG BANYUWANGI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/ar-risalah.v21i2.2092

Abstract

Ushuluddin Islamic Boarding School in South Lampung is still not yet qualified for a nadzir. Article 6 paragraph (3) of Government Regulation No. 28 of 1977, that nadzir must be registered at the Religious Affairs Office of the local sub-district for approval. This purpose is to find out the state of the relationship between one thing and another, especially causal relationships. This type of research is field research with a case study approach. Data collection is done through observation, interviews and documentation. Data wetness using source and method triangulation. The results showed that the Nadzir in the Ushuluddin Islamic Boarding School in South Lampung was legal according to Shari'ah, but not in accordance with applicable legislation. So that the management of cash waqf at the Ushuluddin Islamic Boarding School in South Lampung is legal according to the provisions of Shari'ah, but when viewed according to the applicable laws there are still some cash waqf implementations that are not appropriate.
MAQASHID SYARIAH DALAM PERSPEKTIF YUDIAN WAHYUDI DAN IMAM AL-SHATIBI: Studi Perbandingan Pemikiran Ushul Fikih Alfikri, Ahmad; Aznan Siregar, M. Asgaff; Sadari, Sadari
Moderation | Journal of Islamic Studies Review Vol. 6 No. 1 (2026): Moderation: Journal of Islamic Studies Review
Publisher : Asosiasi Dosen PTKIS Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63195/moderation.v6i1.173

Abstract

The debate on the maqashid of sharia between the approaches of Al-Shatibi and Yudian Wahyudi has significant implications for the development of ushul fiqh and Islamic law in Indonesia, both theoretically and practically. Indonesia, as a modern, pluralistic, constitutional, and non-religious nation-state, faces unique challenges in integrating Islamic values into the national legal system without falling into the trap of sharia formalism or extreme secularization. Theoretically, Al-Shatibi's approach makes an important contribution to strengthening the methodological legitimacy of maqashid in the study of ushul fiqh in Indonesia. The istiqra' framework and the hierarchy of maqashid (daruriyat, hajiyat, tahsiniyat) provide a relatively stable epistemological foundation that is acceptable across schools of thought. In an academic context, this framework serves as a normative anchor that prevents maqashi from being reduced to value-free ethical discourse. However, this approach needs to be criticized and further developed to avoid reproducing classical ushul fiqh. In the Indonesian context, characterized by democracy, legal pluralism, and modern sociopolitical dynamics, Al-Shatibi's maqashid risks losing its analytical power if it is not contextually reconstructed. This is where Yudian Wahyudi's theoretical contribution becomes relevant, particularly in establishing maqashid as a critical epistemological paradigm for historical fiqh products. Yudian's approach encourages a shift in ushul fiqh from merely a science of derivation to a science of evaluation, namely a science that not only produces law but also assesses the justice, rationality, and relevance of that law in the context of the modern state. This theoretical implication is crucial for the development of ushul fiqh in Indonesia to avoid being trapped in the dichotomy between “normative Islamic law” and “positive state law.” Theoretically, the development of maqashid sharia in Indonesia demands a methodological synthesis: maqashid must remain rooted in the ushul fiqh tradition (as inherited by Al-Shatibi), but also be developed as an instrument of epistemological criticism of social and legal realities (as pioneered by Yudian). This synthesis paves the way for the emergence of contextual Indonesian ushul fiqh (Islamic jurisprudence) with scientific legitimacy and social relevance. Practically, the debate on the principles of Islamic jurisprudence (maqasid) has a direct impact on legislative practices, religious courts, and religious fatwas in Indonesia. In the realm of legislation, the maqasid approach contributes to national law without having to be embodied in the symbolic and formal form of sharia. The principles of protecting religion, life, intellect, property, and descendants can be translated into constitutional norms such as human rights, social justice, and general welfare.