Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal Al-Amwal : Journal of Islamic Economic Law Pena Justisia: Media Komunikasi dan Kajian Hukum
Asnan Purba
Tazkia Islamic University
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Other

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Positive Law and Sharia Review of Waqf Deposit Products with a Content Analysis Approach Asnan Purba; Yaser Taufik Syamlan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6127

Abstract

Waqf Deposits are a form of investment where funds are set aside for waqf purposes and are managed by Sharia Financial Institutions. The profits can be used for social or educational activities. This research uses a qualitative method of literature study/library search which tries to compare several existing regulations, then tries to conclude whether there is a need for new regulatory provisions related to waqf deposits, especially integration between waqf deposit management and the latest regulations, Indonesia Financial Services Authority (OJK) involvement in supervising waqf deposits, protection Customer Law in Waqf Deposit Products. This research provides an in-depth study of aspects of legal protection for customers who own funds in waqf deposit products, considering that there is still limited literature that examines this topic comprehensively. This research not only refers to existing laws, but also integrates the latest regulatory developments related to sharia fintech and the management of waqf funds in the form of deposits. This research also makes a significant contribution in understanding and developing waqf deposit products that comply with sharia law and regulations applicable in Indonesia.
Sharia Analysis of the Property-Asset Tokenisation Business Model: The Goro.id Case Asnan Purba; Oyo Sunaryo Mukhlas; Atang Abd Hakim
Al-Amwal : Journal of Islamic Economic Law Vol. 11 No. 2 (2026): Al-Amwal : Journal of Islamic Economic Law
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah, IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/alw.v11i2.11320

Abstract

Purpose  –  This study develops and applies the Tokenisation Sharia-Compliance Matrix (TSCM), a three-layer model for assessing a property-asset tokenisation business model. The model examines the contractual layer of fiqh muamalah, the positive-law layer of the Compilation of Sharia Economic Law (KHES) and Financial Services Authority (OJK) regulation, and the teleological layer of Maqashid al-Syariah, with a focus on Hifzh al-Mal. It is tested on Goro.id, an Indonesian real-asset tokenisation platform admitted to the OJK Regulatory Sandbox. Method –  The study uses a qualitative single-case design that combines normative-juridical reasoning with documentary evidence. The analysis follows four stages: open coding of documents into a graded evidentiary register; thematic mapping against the six-stage tokenisation life cycle; legal reasoning through takhrij, tanqih, and tahqiq al-manath, checked against KHES and the fatwas of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI); and scoring of Hifzh al-Mal on a four-point rubric. Result – Four findings emerge. First, the token is mal mutaqawwim of the mal ‘ain hukmi type, a constructive corporeal right rather than a debt. Second, the transaction is a three-tier composite contract comprising syirkah milk for ownership, wakalah bi al-ujrah for management, and ijarah for income, with bay‘ confined to entry and exit. Third, the smart contract functions as sighat and tawthiq, not as the contract itself, so it removes procedural but not substantive gharar. Fourth, the model scores 2 out of 3 on both the protection and the development of wealth, because eight legal and market exposures remain open, most critically enforceability, bankruptcy-remoteness, secondary-market liquidity, and the absence of a specific fatwa. Its Sharia alignment is therefore conditional. Implication – The matrix offers a replicable tool for appraising digital financial innovation, identifies the fatwa and regulatory gaps that DSN-MUI and OJK need to close, and distinguishes compliance-critical safeguards from merely desirable ones.
Co-Authors Atang Abd Hakim Oyo Sunaryo Mukhlas Yaser Taufik Syamlan