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Waqf and sustainable development law: models of waqf institutions in the Kingdom of Saudi Arabia and Indonesia Zawawi Zawawi; Yuli Yasin; Muhammad Irfan Helmy; Ali Ma’yuf; Agus Arwani
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 23, No 1 (2023)
Publisher : State Islamic University of Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v23i1.93-114

This research aims to find out the regional waqf (endowment) and sustainable development models in the Kingdom of Saudi Arabia and Indonesia in terms of their laws, managements and investments. It uses a qualitative approach through observation, documentation and interviews with officials and those in charge of waqf from the Kingdom of Saudi Arabia and Indonesia. The data was then elaborated with expert opinions based on Herman Daly’s sustainable economic theory and John Locke’s theory of ownership and Islamic law theory (hifz al-mãl, himãyah al-bī‘ah and istiṣlãh). This study found that through the waqf system, the waqf institutions in the Kingdom of Saudi Arabia and Indonesia managed to reach certain achievements, namely good education, poverty reduction, hunger alleviation, and decent work. It was found that waqf institutions in the Kingdom of Saudi Arabia carried out various programs in every area of sustainable development, including providing drinking water. Another service included digging wells in areas where they were needed, which we rarely found in Indonesia. The Sustainable Waqf Law contributed to several aspects that could positively impact society and sustainable development in general. The Sustainable Waqf Law could positively impact sustainable social, economic, and environmental development. In addition, the waqf contributed to the United Nations Sustainable Development Goals No. 1, 2, 3, 4, 6, 11, 13 and 16. Finally, it is important to involve various parties, including waqf institutions, government, communities, and other stakeholders, to ensure the sustainability, transparency, and fairness in the management of waqf assets and their utilization in achieving sustainable development goals.

Wakaf Kolektif dalam Persfektif Hukum Islam & Hukum Indonesia: Studi Kasus Rumah Sakit Achmad Wardi, Banten: Collective Waqf in the Perspective of Islamic Law & Indonesian Law: Achmad Wardi Hospital Case Study, Banten Yuli Yasin
Jurnal Bimas Islam Vol. 16 No. 1 (2023): Jurnal Bimas Islam
Publisher : Direktorat Jenderal Bimbingan Masyarakat Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37302/jbi.v16i1.932

Along with the increasing number of social institutions applying for permits as nazhir for cash waqf to the Indonesian Waqf Board (BWI), more and more waqf platforms offer variety of programs. Through these platforms, waqif may choose to contribute to the programs of interest according to their financial abilities. Lack of funds for that particular program will be fulfilled by other waqif who have an interest in the same program. The program will continue to be offered until the target funds needed are accomplished, and accordingly one program of waqf consists of several wakifs. This kind of waqf practice is known as collective waqf. This study seeks to explore the status of collective waqf in Islamic law and Indonesian positive law. It also addresses its urgency in the new trend of waqf practices in Indonesia through examining the case of collective waqf mobilized by the Indonesian Waqf Board (BWI) in building Achmad Wardi Eye Hospital (RSAW) in Serang, Banten. Using a qualitative method of descriptive analysis, this research confirms the legality of collective waqf according to both Islamic law and positive law. Even though the Waqf Law No. 41 of 2004 does not specifically state its permissibility, the guidelines mentioned in Indonesian Waqf Board (BWI) Regulation No. 1 of 2009 concerning the management and development of movable waqf assets in the form of money has provided certain procedures for collective cash waqf. This legal provision implicitly confirms the permissibility of collective waqf. This research also proves that collective waqf increase community's participation to development program for public facilities by fulfilling waqf according to their individual capabilities. The success story of collective waqf organized by the BWI in building and developing Achmad Wardi Eye Hospital becomes a model how collective waqf institution plays important role in providing public health facility built on waqf land with non-governmental funds through cash waqf organization.

الزواج العرفي بين الفقه الإسلامي والقانون الإندونيسي Yuli Yasin
Al-Zahra : Journal for Islamic and Arabic Studies Vol 20, No 1 (2023): Al-Zahra: Journal For Islamic And Arabic Studies
Publisher : Fakultas Dirasat Islamiyah, Univitas Islam Negeri (UIN) Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/zr.v20i1.32059

Customary marriages, also known as unregistered marriages, are often misunderstood as unannounced (siri) marriages, even though not all unregistered marriages are siri (secret) in nature. This study aims to explain the nature of unregistered marriage, its difference from the syar'i marriage, official marriage and unannounced marriage. At the same time, this study also adresses that customary marriage, even though it is legal according to Islamic fiqh, is not recommended since it contradicts with the Qur'anic commandment regarding the need of muslim to comply with waliyyul amr or those who hold authority. The customary marriage also may results in mafsadat which can actually be avoided by registering marriages according to government regulations. Meanwhile, under Indonesian legal system, customary marriage has no legal justification, and as a result there is no legal guarantee for married couples. As well, this study confirms that customary marriage ignores the legal existence to women and children who will be born, such practise is not in accordance with the purpose of the marriage itself.

عادة ماكاتي (’Makkatte) بسولاويسي الجنوبية: بين التعاليم الدينية والتقاليد المحلية Yuli Yasin; Nadyatul Hikmah Shuhufi; Fiina Ishmatul Maula
Heritage of Nusantara: International Journal of Religious Literature and Heritage Vol. 11 No. 2 (2022): HERITAGE OF NUSANTARA
Publisher : Center for Research and Development of Religious Literature and Heritage

This research discusses about one of the customs or social traditions practiced by Muslim community in South Sulawesi. This tradition is called “Makkatte”. It is said that this tradition stems from the teachings of Islam, which includes a ceremony of female circumcision. It is well known that female circumcision has become subject for public debate and discussion in our present era, after the classical Muslim jurists agreed on its legitimacy, despite of their differences in its ruling, whether such a practice is considered a religious obligation or Sunnah. This research aims to define the Makkatte tradition and its status in the South Sulawesi community, in addition to its rule in the Islamic jurisprudence. This research adopts the descriptive and analytical method that allows researcher to obtain information, documents and folk narratives. This research also used field work method by making interviews with relevant sources and distributing questionnaires in 16 regions in South Sulawesi. One of the most important findings from this research is that Makkatte is a ceremony that includes ablution, pronouncement of shahada, reciting some verses of the Qur’an, and female circumcision. In its ritual process, Makkatte is most often performed by a person known as Sanro, which means midwife according to the Bugis language in Sulawesi. The majority of the Muslim community in South Sulawesi agreed that the tradition of Makkatte is an obligation on every female, as it includes shahada and circumcision. This study also affirms that the additional customary ceremonies to Makkatte does not affect the fact that it is in compliance with God Almighty's command to circumcise females.

'Àdah Makkatte' bi Sulawesi al Janūbiyah: Bayna al Ta'àlim al Dìniyyah wa al Taqàlid al Mahalliyah Yasin, Yuli; Shuhufi, Nadyatul Hikmah; Ishmatul Maula, Fiina
Heritage of Nusantara: International Journal of Religious Literature and Heritage Vol. 11 No. 2 (2022): HERITAGE OF NUSANTARA
Publisher : Center for Research and Development of Religious Literature and Heritage

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31291/hn.v11i2.666

This research discusses about one of the customs or social traditions practiced by Muslim community in South Sulawesi. This tradition is called “Makkatte”. It is said that this tradition stems from the teachings of Islam, which includes a ceremony of female circumcision. It is well known that female circumcision has become subject for public debate and discussion in our present era, after the classical Muslim jurists agreed on its legitimacy, despite of their differences in its ruling, whether such a practice is considered a religious obligation or Sunnah. This research aims to define the Makkatte tradition and its status in the South Sulawesi community, in addition to its rule in the Islamic jurisprudence. This research adopts the descriptive and analytical method that allows researcher to obtain information, documents and folk narratives. This research also used field work method by making interviews with relevant sources and distributing questionnaires in 16 regions in South Sulawesi. One of the most important findings from this research is that Makkatte is a ceremony that includes ablution, pronouncement of shahada, reciting some verses of the Qur’an, and female circumcision. In its ritual process, Makkatte is most often performed by a person known as Sanro, which means midwife according to the Bugis language in Sulawesi. The majority of the Muslim community in South Sulawesi agreed that the tradition of Makkatte is an obligation on every female, as it includes shahada and circumcision. This study also affirms that the additional customary ceremonies to Makkatte does not affect the fact that it is in compliance with God Almighty's command to circumcise females.

RELIGION AND THE POLITICS OF NATIONALIST THOUGHT: COMPARATIVE ANALYSIS OF HINDU NATIONALISM IN INDIA AND MUSLIM NATIONALISM IN INDONESIA Ali Munhanif; Yuli Yasin
ILMU USHULUDDIN Vol. 9, No. 1, July 2022
Publisher : Peminat Ilmu Ushuluddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/iu.v9i1.32065

The rise of religious nationalism in recent decades in developing countries has sparked attention among scholars. This article seeks to explore the political and cultural dynamics of the contemporary resurgence of religious nationalism, many of them reflected in Hindu nationalist in India and Muslim nationalist in Indonesia. We address the following question: What are the likely factors for religious-nationalist movements coming to the center stage of nation-state politics? Using the historical-institutional approach to religious politics, we argue that the forces that have driven the resurgence of religious nationalist were the interaction between the institutional design of the nation-state and the considerable opportunities for change – in a certain period of political crisis. Embedded in the issues of the institutional challenge is another series of questions that this article will address. There are variations in how and when religious-nationalist politics emerged. Why, for example, did the rise of religious politics occur in such varying ways, for instance, through a political party in India and civil society movements in Indonesia? Why did regimes or governments that promoted secular ideologies in India and Indonesia lose their hegemonic position? The answers to these questions are also largely historical-institutional. By focusing on how political institutions shape political dynamics, we suggest that institutions shape social and political outcomes, they necessarily affect people’s behavior as reflected in the politics of religious nationalism.

Strengthening Family Institution through Pre-Marital Course: Comparative Study between Indonesia and Malaysia Bidayati, Kholis; Jahar, Asep Saepudin; Yasin, Yuli
Al-Risalah Vol 20 No 2 (2020): December 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

This study examines the policy of premarital course in Indonesia and Malaysia. The premarital course aims to equip the bride and groom with the knowledge and skills of making good family besides attempting to reduce the high rate of divorces in both countries. Premarital course conducted by BP4 Institutions in Indonesia and JAKIM in Malaysia applied different approaches and policies. This study tries to elaborate pre-marital course in Indonesia and Malaysia by examining policies and substantial issues. The data was collected through library research, examining regulations and rules applied in both countries. This study showed that the procedure and mechanism of premarital course in Indonesia and Malaysia were different. Premarital course in Malaysia is mandatory and one of the requirements of marriage registration document whereas in Indonesia is voluntary. Both countries, however, applied a similarity approach and strategy in delivering course materials.

Fatwa of MUI and Islamic Jurisprudence Council on Stem Cells from The Perspective of Qawaid Fiqhiyyah Yasin, Yuli; Sahar, Sahar; Saepulloh, Aep; Yahyaoui, Abdelghani
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 2 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hrfb1r83

This article discusses two fatwas issued by Islamic organizations—the Indonesian Ulema Council (MUI) and the Islamic Fiqh Council—regarding stem cell therapy, with the aim of analyzing the arguments of each council, examining their legal foundations, and assessing the strength of the legal reasoning in each. Stem cell therapy is one of the newest therapeutic approaches being developed in many countries after medical research demonstrated its success in treating chronic diseases such as cancer. However, some Islamic societies do not permit such treatments unless they are officially permitted by Islamic jurists through fatwas. Regarding the use of stem cells, the ruling on their use has not been discussed by the imams of the four madhabs. Therefore, it has become among contemporary medical fiqh issues, leading to scholarly disagreement over the ruling on their use. In this study, the researchers relied on a qualitative research approach and utilized documents and secondary sources to analyze Fatwa No. 51, issued by the Indonesian Council of Ulema in 2020, and the Islamic Fiqh Council of the Muslim World League decision in 2003 during its seventeenth session regarding the use of stem cells from the perspective of qawaid fiqhiyyah “The original ruling of beneficial things is permissible.” The findings suggest that both councils differed on the original ruling on stem cell therapy, ranging from prohibition to permissibility, depending on the type of substances in which stem cells are considered. However, the permissibility of stem cell therapy serves a predominant benefit, potentially saving patients and helping combat many chronic diseases. This analytical study contributes to enhancing the contemporary jurisprudential understanding of modern medicine and advocates for changes in MUI fatwa that could significantly improve the quality of life by ensuring the use of stem cells without the condition of necessity or hajah shari’yyah.

Min al-Ḥall ilā al-Qawmiyyah: Fiqh as-Siyāsah li al-Qam‘i al-Jadalī Tijāh al-Jamā‘āt al-Islāmiyyah bi Indūnīsiyā Wibowo, Waskito; Yasin , Yuli; Mohammad Syairozi Dimyathi; Anwar, Saepul
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 20 No. 1 (2025)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v20i1.8557

During his second term, President Joko Widodo took decisive action by dissolving two prominent Islamist organizations in Indonesia, Hizbut Tahrir Indonesia (HTI) and the Islamic Defenders Front (FPI). This study explores how the Indonesian government has sought to strengthen its position and gain the trust of nationalist and moderate Islamic factions through anti-Islamist policies. By utilizing Islam as a political tool, the administration has fostered nationalism while suppressing Islamist and conservative movements. Employing a case study and fiqh siyasah conceptual approach and analyzing secondary data from books, journals, and media, this research examines three key questions: how Indonesian presidents have historically interpreted Islamism, how identity has been used to fuel animosity between Islamists and Jokowi’s administration, and the impact of dissolving Islamic organizations on Indonesia's democratic future. The findings reveal that religion has been exploited for political purposes, posing a threat to freedom of expression and assembly in a democracy, while Jokowi’s administration has strategically used Islamism to consolidate its power and public trust. This matter, in fact, gains legitimacy from the political jurisprudence that the Islamic group seeks to promote.

Dawr al-ṣukūk al-murtabiṭah bi al-waqf al-naqdī fī taṭwīr mu'assasat al-ri‘āyah al-ṣiḥḥīyah bi Banten Yasin, Yuli
Studia Islamika Vol. 30 No. 1 (2023): Studia Islamika
Publisher : Center for Study of Islam and Society (PPIM) Syarif Hidayatullah State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36712/sdi.v30i1.31590

This article aims to analyze the role of Cash Waqf Linked Sukuk (CWLS) in the development of healthcare services, particularly eye health, during the Covid-19 pandemic in Indonesia. The study adopts a descriptive qualitative approach, utilizing field research that involves analyzing social facts, expert opinions, and theoretical debates. The study findings indicate that the proceeds from CWLS, managed by the Indonesian Waqf Board (BWI) as the nāẓir (trustee), were used to purchase equipment for the retina and glaucoma center and provide patient transportation at Achmad Wardi Hospital. The utilization of CWLS proceeds significantly benefited 2,162 patients with retinal and glaucoma conditions, who faced challenges in accessing medical treatment and were at risk of blindness due to regional and social mobility restrictions during the pandemic. The model of utilizing CWLS proceeds for healthcare facility development at Achmad Wardi Hospital, implemented by BWI, can be replicated by other cash waqf trustees through collaboration with healthcare entities that cater to the community's needs.

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