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All Journal International Journal of Law and Society MILRev: Metro Islamic Law Review
Ramadhita
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Productive Waqf Law Reform: A Solution to Support Indonesian Local Economy amid Contemporary Global Recession Miftahul Huda; Aditya Prastian Supriyadi; Ramadhita
MILRev: Metro Islamic Law Review Vol. 4 No. 1 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.10210

Abstract

Productive waqf potential supports sustainable local economic resilience in the face of a global recession. However, its management in Indonesia remains suboptimal, considering that waqf assets are more dominantly distributed to non-productive sectors. This happens because the legal framework of waqf is not ideal for regulating the management of cash waqf assets productively for the economic empowerment of the community amid a global recession. This study analyses the urgency of legal reform in the cash waqf asset sector to support local economic empowerment while exploring the synergy between Islamic law and positive law in designing a more adaptive basis for productive waqf law to address modern economic challenges. The method employed in this study is normative legal research, incorporating both conceptual and statutory approaches. The data analysis technique was conducted using the content analysis method to explore legal doctrines and related literature to formulate the ideal concept of productive waqf legal reform. The research results show that the urgency of waqf law reform is based on weak regulations that hinder the optimisation of cash waqf assets for economic empowerment. Legal uncertainty, inequality of access to waqf benefits, and regulatory compliance with the needs of the modern economy are the main challenges that require responses. The second area of research on the synergy between Islamic law and positive law can serve as the basis for regulatory renewal through the accommodation of sharia maqashid principles, economic empowerment based on productive waqf, and collaboration among the government, the private sector, and the community. Proper legal reform will encourage more structured and systematic management of cash waqf assets, making it a strategic legal instrument for strengthening local economic resilience amid the threat of a global recession.  
Integration of Zakat in BPJS Kesehatan Financing for People Experiencing Poverty: Opportunities and Challenges Sulistiyaningsih, Nur; Hastuti, Luthfiyah Trini; Solikhah; Harahap, Burhanudin; Luthfiah, Zeni; Fathullah, Abdusyahid Naufal; Ramadhita
International Journal of Law and Society Vol 5 No 1 (2026): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v5i1.174

Abstract

This study examines the potential integration of zakat as an Islamic social finance instrument to support the financing of the Health Care and Social Security Agency (Badan Penyelenggara Jaminan Sosial Kesehatan/BPJS Kesehatan) for poor communities in Indonesia. It aims to analyse the normative legal framework governing this integration and to identify the opportunities and challenges associated with incorporating zakat into the national health insurance system. The research employs a normative legal approach, drawing on statutory and conceptual analyses. Primary legal materials consist of laws and regulations related to zakat and social security. This study draws secondary data from reports published by the National Zakat Collection Agency (Badan Amil Zakat Nasional/BAZNAS), the Health Care and Social Security Agency (BPJS Kesehatan), and the Central Statistics Agency (Badan Pusat Statistik/BPS). Data were collected through a literature review and analysed qualitatively and interpretively by examining relevant legal provisions, fatwas, and institutional practices concerning the use of zakat for health insurance financing. The findings indicate that zakat can serve as a complementary financing instrument to assist poor (fakir), needy (miskin), and indebted (gharimin) participants in paying BPJS Kesehatan contributions. Normatively, this integration is supported by the 1945 Constitution, the 2011 Zakat Law, the 2004 National Social Security System (Sistem Jaminan Sosial Nasional/SJSN) Law, and the 2011 BPJS Law, and is further reinforced by the Indonesian Ulama/Scholars Council (Majelis Ulama Indonesia/MUI) Fatwa No. 102 of 2025. From the perspective of maqasid al-shariah, the integration reflects the objectives of protecting life (hifz al-nafs) and protecting wealth (hifz al-mal), while also offering potential to reduce the financial burden on vulnerable communities.
Co-Authors Burhanudin Harahap Fathullah, Abdusyahid Naufal Luthfiah, Zeni Luthfiyah Trini Hastuti Miftahul Huda Solikhah Sulistiyaningsih, Nur Supriyadi, Aditya Prastian