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Legal Policy Study on the Authority and Responsibility of Nadzir in Waqf Management Hidayat, Yusup; Machmud, Aris; Lubis, Rahmad
Jurnal Cita Hukum Vol 12, No 2 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.42289

Wakf plays a pivotal role in Muslims' economic development and social welfare. The nadir, as the manager of waqf assets, possesses the legal authority and responsibility to optimize waqf utilization in conformity with Sharia principles. Nonetheless, in practice, numerous problems and constraints frequently impede the efficacy of nadzir's job. This article seeks to examine the legal framework governing the power and responsibilities of nadir in waqf administration in Indonesia, intending to identify the support and challenges encountered by nadir in managing waqf assets. This study employs a qualitative methodology utilizing a literature review and a legislative analysis, encompassing an examination of Law No. 41 of 2004 on Waqf and its associated regulations alongside diverse scholarly material pertinent to waqf management. The study's findings suggest that while legal frameworks in Indonesia establish a foundation for nadzir's power, it is necessary to enhance laws and governmental assistance to optimize waqf management. In conclusion, incentive policies and enhanced competence of nadzir are essential to augment efficiency and transparency in waqf management, so enabling a more significant contribution to community welfare.

Hak atas Akses yang Adil terhadap Pendidikan Tinggi: Analisis Berdasarkan Falsafah Pancasila Lubis, Rahmad; Purnama, Desi; Sulaiman, Heri
SIGn Jurnal Hukum Vol 6 No 2: Oktober 2024 - Maret 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v6i2.381

This research aims to comprehensively analyze citizens’ right to equitable access to higher education in Indonesia based on Pancasila’s philosophy. Employing a normative legal research methodology, this study examines the issue through statute and conceptual approaches. Data were analyzed using qualitative content analysis techniques to describe and address the research problem in depth. The findings indicate that equitable access to higher education is a constitutional right of every Indonesian citizen guaranteed by Pancasila and the 1945 Constitution. As an embodiment of the welfare state principle, the state is obliged to create a just, equitable, quality, and affordable higher education system for all levels of society. It requires affirmative regulations, innovative and equitable financing schemes, and a reliable quality assurance system. Higher education must be seen as a strategic instrument to break the cycle of structural poverty, enhance social mobility, and realize distributive justice by prioritizing the principle of social solidarity. Therefore, the projection towards free higher education, especially in state universities, is a strategic step that needs to be realized gradually and sustainably, supported by progressive tax system reform, increased allocation of education budgets, and optimization of alternative funding sources, as a form of progressive interpretation of Article 31 section (1) of the 1945 Constitution.

PERAN FATWA DSN MUI DALAM PENYESUAIAN PRAKTIK AKAD MURABAHAH PADA BANK SYARIAH: PERSPEKTIF HUKUM EKONOMI ISLAM Lubis, Rahmad; Nuranisah, Nuranisah; Purnama, Desi; Prawiro, Atmo
An Nawawi Vol 4 No 2 (2024): An Nawawi
Publisher : Sekolah Tinggi Ilmu Fikih Syeikh Nawawi Tanara Serang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55252/annawawi.v4i2.69

This study focuses on analyzing the role of the Fatwa of the National Sharia Council of the Indonesian Ulema Council (DSN MUI) in the application of the practice of murabahah contracts in operations in Islamic banks. This study uses library research, including DSN MUI fatwas, regulations, and studies related to operational procedures. Qualitative analysis aims to understand the role of fatwas in Islamic banking operations. The study found that DSN MUI has a strategic approach to providing legal guidance and legitimacy to Islamic banks, but there are challenges in its implementation, such as compliance with operational procedures and regulatory compliance. This study recommends an empirical study to evaluate the implementation of Islamic banking practices more closely.

Protection and Status of Children Born Outside of Marriage: A Fiqh Perspective Of Indonesia And Brunei Darussalam Khairuddin, Khairuddin; Rini, Etika; Purwaningsih, Titin; Sugianto, Heri; Ismail, Habib; Lubis, Rahmad
Tasyri' : Journal of Islamic Law Vol. 4 No. 2 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i2.320

This study discusses the problem of protection and the position of children out of wedlock in Indonesia and Brunei Darussalam, especially in the context of differences and similarities in legal policies between the two countries based on the perspective of Islamic jurisprudence. Children out of wedlock often face serious legal and social challenges, such as limited recognition of biological fathers, inheritance rights, and inherent social stigma. This research uses a qualitative approach with the library research method. Data was collected from a variety of relevant secondary sources, including scientific journals, law and jurisprudence books, as well as official documents such as national laws and regulations and Constitutional Court rulings in Indonesia. The analysis was carried out comparatively by examining the policy of protection of children out of wedlock in Indonesia and Brunei Darussalam from the perspective of positive law and Islamic jurisprudence. The results of the study show that Indonesia has adopted a relatively more inclusive policy in providing protection for the rights of children out of wedlock through legislative reforms and Constitutional Court rulings. However, its implementation is still hampered by social factors such as societal stigma and low legal awareness. Meanwhile, Brunei Darussalam, which strictly applies Sharia law, shows a tendency towards more limited protection, especially related to the recognition of inheritance rights and the civil status of children out of wedlock. This article concludes that the differences in legal approaches in the two countries reflect the dynamics of Islamic jurisprudence interpretation in the context of modern countries. Both Indonesia and Brunei need to improve public legal literacy and make efforts to reduce social stigma to ensure more effective and equitable protection for children out of wedlock.

Legal Policy Study on the Authority and Responsibility of Nadzir in Waqf Management Hidayat, Yusup; Machmud, Aris; Lubis, Rahmad
Jurnal Cita Hukum Vol. 12 No. 2 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.42289

Wakf plays a pivotal role in Muslims' economic development and social welfare. The nadir, as the manager of waqf assets, possesses the legal authority and responsibility to optimize waqf utilization in conformity with Sharia principles. Nonetheless, in practice, numerous problems and constraints frequently impede the efficacy of nadzir's job. This article seeks to examine the legal framework governing the power and responsibilities of nadir in waqf administration in Indonesia, intending to identify the support and challenges encountered by nadir in managing waqf assets. This study employs a qualitative methodology utilizing a literature review and a legislative analysis, encompassing an examination of Law No. 41 of 2004 on Waqf and its associated regulations alongside diverse scholarly material pertinent to waqf management. The study's findings suggest that while legal frameworks in Indonesia establish a foundation for nadzir's power, it is necessary to enhance laws and governmental assistance to optimize waqf management. In conclusion, incentive policies and enhanced competence of nadzir are essential to augment efficiency and transparency in waqf management, so enabling a more significant contribution to community welfare.

An Examination of Shura Principles in the National Legislation System Lubis, Rahmad; Nugraha, Iqbal Subhan; Mutakin, Ali; Nuranisah, Nuranisah; Sulaiman, Heri
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 7 No. 1 (2025)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar

This study examines the application of the shura principle, a concept of deliberation, as one of the key foundations in Islamic governance, within the context of Indonesia's national legislative system. Using a qualitative-descriptive approach, this study aims to analyze the extent to which shura values can be integrated into the process of forming democratic and just laws and regulations. Data were collected through literature studies of Islamic legal sources, legislative documents, and relevant previous research results. The study's results demonstrate that the principle of shura aligns significantly with the principles underlying the formation of national laws and regulations, including those of openness, public participation, and social justice. In addition, the integration of shura principles can strengthen moral and ethical legitimacy in the legislation process, so that it is expected to produce legal products that are more aspirational and in accordance with plural Indonesian values. These findings suggest the need to strengthen the deliberative mechanism at various stages of legislation, including formulation, discussion, and evaluation of laws and regulations, to achieve a more inclusive and interest-oriented legislative system.

Politik Hukum memaknai Pemilihan Kepala Daerah dipilih secara Demokratis: Politik Hukum Memaknai Pemilihan Kepala Daerah Dipilih Secara Demokratis Lubis, Rahmad; Yunus, Nur Rohim; Herlina, Ratna; Shapiulayyevna, Aliyeva Patimat
Dame Journal of Law Vol 1 No 1 (2025): DJL
Publisher : Yapilin Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64344/djl.v1i1.17

The election of regional heads (Pilkada) in Indonesia, which is regulated in Article 18 Paragraph (4) of the 1945 Constitution, has important implications in realizing the principles of democracy and regional autonomy. This article emphasizes that regional heads are elected directly by the people. This study aims to analyze the legal politics contained in Article 18 Paragraph (4) of the 1945 Constitution related to the election of democratic regional heads. Using a normative analysis approach, this study explores the relationship between the principles of democracy, decentralization, and the implementation of regional autonomy in the context of the Regional Elections. The results of the study show that although Article 18 Paragraph (4) provides a constitutional basis for direct regional elections, it also does not rule out the possibility that the election of regional heads through the Regional Representative Council (DPRD) both at the provincial and city district levels, its implementation still faces challenges in terms of the quality of democracy, local political influence, and imbalance between the central and regional governments. The study also identifies the importance of reforms to realize effective decentralization and better quality democracy at the regional level.

The Dilemma of Modernity: Value Conflict in The Application of Customary Criminal Law in Multicultural Society: Dilema Modernitas: Konflik Nilai dalam Penerapan Hukum Pidana Adat pada Masyarakat Multikultural Lubis, Rahmad; Helvis, Helvis; Purnama, Desi; Yunus, Nur Rohim; Shapiulayevna, Aliyeva Patimat
al Hairy | Journal of Islamic Law Vol. 1 No. 1 (2025): al Hairy
Publisher : Yapilin Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64344/hry.v1i1.1

Modernity has brought significant changes in social, cultural, and legal structures in various parts of the world, including in multicultural societies. One of the main challenges that arise is the conflict of values in the application of customary criminal law. Customary criminal law, which has long been an integral part of traditional people's lives, now faces pressure from a modern legal system that tends to be universal and based on human rights. This study aims to analyze the dilemmas arising from the tension between the two legal systems, focusing on how customary criminal law is applied in a multicultural society, where diverse cultural and religious values often clash. In this context, the application of customary criminal law often faces challenges in maintaining a balance between maintaining local values and accommodating the principles of modernity, such as gender equality, individual rights, and social justice. This research suggests the need for a more inclusive and dialogical approach between customary law and state law in order to create a legal system that is responsive to cultural diversity, without neglecting the basic principles of human rights.

Prenuptial Agreement as A Protection of Wife's Rights: Maqāṣid al-Syarī 'ah'ah's Analysis of The MUI Fatwa and The Constitutional Court's Decision Sulaiman, Heri; Lubis, Rahmad; Muhammad, Muhammad; Dewi, Sri; Sriani, Arlina
al Hairy | Journal of Islamic Law Vol. 1 No. 2 (2025): al Hairy
Publisher : Yapilin Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64344/hry.v1i2.70

This article examines the legal position of prenuptial agreements as an instrument for the protection of wife's rights in Islamic family law in Indonesia. Since the Constitutional Court Decision No. 69/PUU-XIII/2015, the urgency of the prenuptial agreement has increased because it is declared valid both before and after marriage. However, its role has not been fully understood as a protection mechanism for wives, especially in family economic justice. This study aims to analyze the legal position of prenuptial agreements in the perspective of the MUI Fatwa and the Constitutional Court Decision and evaluate its relevance through maqāṣid al-syarī'ah. The research method uses a normative qualitative approach through conceptual and juridical analysis. The results of the study show that the two legal instruments affirm the protection of wives on different grounds of argument: the MUI fatwa emphasizes sharia benefits and moral protection, while the Constitutional Court Decision affirms constitutional equality and distributive justice. Through the analysis of maqāṣid, the pre-marriage agreement has a preventive function that ensures the protection of property (ḥifẓ al-māl), the dignity of women (ḥifẓ al-'irḍ), and fair economic participation. Thus, the prenuptial agreement needs to be interpreted as a maqāṣid-based legal tool, not just an administrative agreement, but a substantive justice mechanism in contemporary Islamic family law,

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