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All Journal Aladalah: Jurnal Politik, Sosial, Hukum dan Humaniora Legitima: Jurnal Hukum Keluarga Islam
Nuri Safitri
Sekolah Tinggi Agama Islam Darussalam Lampung
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Relevance of Ibn Qudamah's Thought on the Transfer of Family Waqf Assets in the Contemporary Era: A Normative Study of Islamic Family Law Nuri Safitri; Nugraha Adi Saputra; Ermanita Permatasari; Naser Ali Abdulghani; Sayyid Abdurrohman; Rizki Anisa Fitria
Legitima : Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2024): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v7i1.6760

Abstract

Purpose - The practice of family waqf is basically in accordance with sharia and has a legal basis in fiqh. However, its existence is debated because it is considered less productive and its allocation is limited to the family of the waqif, so in various Muslim countries this waqf practice has been abolished. This study aims to determine the relevance and flexibility of Ibn Qudamah's thoughts on waqf towards the transfer of family waqf into productive waqf intended for the general public. This study is framed in contemporary Islamic family law studies that emphasize the social role of the family in society. Methods - This research is a descriptive qualitative library research. Primary data is taken from the book “Al-Mughni” by Ibn Qudamah and supplemented by secondary data in the form of books, journal articles, proceedings articles, theses, theses, and other literature related to the transfer of waqf. The data was collected using the documentation method and analyzed using content analysis techniques. Findings - Based on Ibn Qudamah's thinking, the transfer of the function of family waqf assets is possible if there is no shar'i impediment. Switching the function of family waqf into productive waqf intended for the general public must be done through deliberation between the nadzir, waqif, and also family members. In the perspective of contemporary Islamic family law, the transfer of family waqf functions is one of the efforts to strengthen the social role of the family in the community. This is one of the indicators of a maslahat family and is in accordance with the principle of hifz al-maal (protecting property). Research limitations - This research is limited to normative studies that relate Ibn Qudamah's thoughts with waqf practices in Indonesian society. Given this limitation, future research is expected to continue the findings in this study by using an empirical approach that integrates with other sciences. Originality - This research is expected to be a normative and practical reference to the practice of family waqf function transfer in Indonesia. This is because not many studies have examined this issue, especially from the perspective of contemporary Islamic family law.
Memperjuangkan Kepentingan Perempuan: Analisis Praktik Mediasi pada Permohonan Izin Poligami di Pengadilan Agama dalam Perspektif Feminisme Jurisprudence Khoirul Sodiq; Mahfud; Nuri Safitri
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 2 (2026): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora (In Press)
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v4i2.1944

Abstract

In principle, the prescription of polygamy in Islam is intended to protect the interests and rights of women, as can be traced through the historical context of Qur’anic verses and hadith. However, in practice, applications for polygamy permits submitted to the Religious Courts are predominantly driven by reasons that reflect male interests in hegemonizing women within the domestic sphere. Mediation implemented in the Religious Courts in polygamy permit cases serves as a deliberative forum aimed at advocating women’s interests in a more persuasive manner. This article aims to analyze the practice of mediation in polygamy permit applications in the Religious Courts using a gender justice approach. The primary data in this study consist of statutory regulations, including the Supreme Court Regulation on Mediation, the Marriage Law, and the Compilation of Islamic Law. Secondary data include journal articles, conference proceedings, books, undergraduate theses, master’s theses, and dissertations relevant to the research topic. Data were collected through documentation techniques and analyzed using a qualitative-inductive method. Feminist Jurisprudence theory is employed as the analytical framework in this study. The findings indicate that the implementation of mediation in polygamy permit cases in the Religious Courts has not fully reflected a gender justice paradigm, as it is still characterized by unequal power relations between husbands and wives. Mediation procedures tend to be formalistic and do not provide a safe deliberative space for women to freely express their objections. Through the critique of Feminist Jurisprudence theory, this study highlights the need to reformulate mediation regulations to better align with the principles of substantive justice. Such reform includes gender-perspective training for mediators and the strengthening of mediation methods that equally protect the rights and interests of women.
Co-Authors Ermanita Permatasari Khoirul Sodiq Mahfud Naser Ali Abdulghani Nugraha Adi Saputra Rizki Anisa Fitria Sayyid Abdurrohman