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All Journal Al-Ulum Istinbath : Jurnal Hukum
Miskari
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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The Implementation of Waqf Law within the Framework of Indonesia's Legal State: An Analysis of Pancasila Values Miskari
Istinbath : Jurnal Hukum Vol 21 No 01 (2024): Istinbath: Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v21i1.9876

Abstract

This study aims to explore the preservation of waqf in Indonesia, which plays a crucial role in supporting social welfare and community development, while considering Pancasila as the state ideology. The research seeks to analyze how Islamic legal principles are integrated into waqf preservation in relation to Pancasila values and to understand the interaction between these two value systems within the national legal framework. The study employs a qualitative analysis method with a literature review approach. Data is gathered through an examination of relevant laws and government regulations, as well as fatwas and guidelines concerning waqf and pancasila. The analysis focuses on evaluating the connection between Islamic principles related to waqf preservation and the implementation of Pancasila values within the Indonesian legal system. The research aims to identify and explain the relationship between Islamic legal principles regarding waqf and Pancasila values and to assess how Pancasila values support and enhance the preservation of waqf in Indonesia. The findings reveal that Pancasila values, particularly the principles of social justice and humanity, align with Islamic principles in the preservation of waqf. Pancasila serves as an ethical framework that supports fair and transparent waqf implementation, ensuring that waqf not only complies with Islamic law but also contributes to sustainable social welfare. The study also identifies that integrating Islamic principles with Pancasila values in waqf management can improve the effectiveness of waqf preservation and strengthen the legal and social foundation in Indonesia.
Idealitas Pancasila dan Realitas Maqashid Syariah Miskari; Mhd. Syahnan; Hasan Matsum
Al-Ulum Vol. 23 No. 2 (2023): Al-ULum
Publisher : Institut Agama Islam Negeri (IAIN) Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/au.v23i2.4234

Abstract

This study discusses the Unitary State of the Republic of Indonesia, which is not a religious state, but the Pancasila, produced based on a formulation of taste, nobility, customs, culture, religion, and beliefs that exist and grow in Indonesia. Because Pancasila was born from the womb of the Indonesian nation, even though the majority of the population is Muslim, Pancasila has succeeded in establishing itself as the basis of the state, state philosophy, and state ideology for many years now. It shows how powerful and great Pancasila is. However, recently, Pancasila has again clashed with Islam. Pancasila is considered a taghut system, created by infidels, and a secular system that is no longer relevant to the life of the Indonesian nation, which is predominantly Muslim. This research uses a qualitative approach with literature research methods. Primary and secondary data are from books, articles, news, and journals. The theory used in this research is the maqashid sharia approach as a cognitive, open, comprehensive, hierarchical, multidimensional, and purposeful system. Hence, it is found that the ideality of Pancasila rests on the reality of the Indonesian nation's activities in implementing the substantive values of Pancasila and Islam, not on its format. So, it was found that Pancasila and Islam met simultaneously in protecting their people, especially in protecting religion, soul, reason, property, lineage, and honor.
Co-Authors Hasan Matsum Mhd. Syahnan