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All Journal JURISTA : Jurnal Hukum dan Keadilan Al-Mudharabah
Husni bin Abdul Jalil
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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THE EFFECTIVENESS OF CASH WAQF REGULATION IN BANDA ACEH, INDONESIA: Examining of local peoples’ perspective Dhilla Fadhilla; Mizaj Iskandar; Husni bin Abdul Jalil
JURISTA: Jurnal Hukum dan Keadilan Vol. 9 No. 1 (2025): JURISTA: Jurnal Hukum dan Keadilan
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jurista.v9i1.232

Abstract

The purpose of this essay is to examine the community's opinions about cash waqf, its regulations, and its rules in relation to fiqh. One option available to Muslims in Banda Aceh City for allocating funds for worship is cash waqf. On a practical level, however, society is still unaware that cash waqf exists, and academics continue to hold differing views at the fiqh level. This is why a legislative method and a conceptual approach were used in the writing of this study. According to the study's findings, one type of transportable waqf is cash waqf. Classical and modern academics continue to disagree on the constitutionality of the legislation from a fiqh standpoint. The Waqf Law, Government Regulations Implementing the Waqf Law, Minister of Religious Affairs Regulations, and BWI Regulations are among the legal provisions in Indonesia that have made cash waqf acceptable. When it comes to Aceh, Qanun Baitul Mal is where monetary waqf is managed. In reality, certain Acehnese citizens, particularly those in Banda Aceh City, are aware of the cash waqf regulations, while others are not yet aware of them. Although Banda Aceh City residents are generally lenient and accept financial waqf, socialization initiatives by associated organizations are thought to be underutilized. Therefore, there must be a concerted effort to maximize community socialization and cash waqf product branding. Cash waqf requires a particular rule in the form of a qanun, which is an extension of the current Qanun Baitul Mal.
MANAGEMENT OF AMANAH PRODUCT’S FINE FUNDS AT PT PEGADAIAN SYARIAH KCP KEUTAPANG, ACEH BESAR DISTRICT, INDONESIA Azmul Atia; Abu Bakar, Ali; Husni bin Abdul Jalil
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 4 No. 2 (2023): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v4i2.5633

Abstract

A fine is a penalty in the form of having to pay in the form of money for violating applicable rules, laws and norms or for failing to comply with an agreement that was agreed upon at the outset. Amanah product is one of the products at Pegadaian Syari'ah which purchases and procures two-wheeled or four-wheeled motorized vehicles for personal use and company needs. In this product, the contract used initially was a mudharabah contract, but currently the contract used is a rahn tasjily contract. This thesis is focused on answering three important things, 1) How is the determination and amount determined for customers who make arrears at PT Pegadaian Syariah KCP Keutapang, 2) How is the management of trust fund fines at PT Pegadaian Syari'ah KCP Keutapang, 3) What is the legal perspective Islam regarding the management of trust fund fines at PT Pegadaian Syari'ah KCP Keutapang. This type of research is qualitative and uses a descriptive analysis method. Sources of data used include primary and secondary data. The results showed that the amount of fines in this product is a minimum of 0.4% and a maximum of 4% of the wine value. For example, the installment is Rp. 100,000 if 4% of the fine is four thousand out of one hundred thousand. If the loan is four million, Rp. 4% is taken. 400,000 per month. However, if the installment payment is only a matter of days late, the fine is only 0.4% per week. The imposition of this fine is carried out when the customer is due when the contract is initiated, then the management of fine funds is allowed even though there are some scholars who forbid it, but if you look at the DSN MUI fatwa, fine funds are allowed to be taken if they are used in accordance with Islamic sharia provisions. From the point of view of management and distribution of fines, the funds obtained were indeed used in accordance with Islamic principles, such as the repair and construction of houses of worship, both mosques and prayer rooms, for the benefit of education.
WAQF MANAGEMENT ACCORDING TO LAW NUMBER 41 OF 2004 ON WAQFIN: A case study at the Al Muslim University Foundation Indonesia Muthawalli; Ida Friatna; Husni bin Abdul Jalil
JURISTA: Jurnal Hukum dan Keadilan Vol. 9 No. 2 (2025): FORTHCOMING DECEMBER 2025
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jurista.v9i2.275

Abstract

This article aims to analyse the management of waqf by institutional trustees at the Almuslim University Foundation in Bireuen from the perspective of Law No. 41 of 2004 on Waqf and fiqh muamalah. This study employs a qualitative method with a legal-empirical approach to evaluate the alignment between normative regulations and the practice of managing productive endowments at the institutional level. The findings reveal that the Almuslim University Foundation in Bireuen has fulfilled its role as a nazir by endeavouring to develop endowment assets, such as constructing educational facilities and engaging in productive collaborations. However, this management still faces several challenges, including the lack of integrated financial reporting, the dominant use of endowment proceeds for consumptive financing without a long-term capitalization strategy, and the risk of legal uncertainty regarding the status of assets derived from management, which could trigger administrative disputes. These conditions pose a potential threat to the accountability and sustainability of the social and economic functions of endowments. Therefore, institutional capacity building, enhancing the professionalism of administrators, improving digital-based reporting systems, and optimising oversight by the Indonesian Waqf Board are necessary. These findings underscore that the implementation of professional and transparent waqf governance principles is key to making waqf a sustainable and accountable instrument for community empowerment.
Co-Authors Abu Bakar, Ali Azmul Atia Dhilla Fadhilla Ida Friatna Mizaj Iskandar Muthawalli