El-Sirry: Jurnal Hukum Islam dan Sosial
Vol 3, No 1 (2025)

Waqf Perspective of Islamic Law and Law in Indonesia

Siregar, Syawal (Unknown)
Pane, Erwin (Unknown)



Article Info

Publish Date
16 Aug 2025

Abstract

This research aims to examine the concept and implementation of waqf according to the perspective of Islamic law and how it is regulated in the positive legal system in Indonesia. In Islam, waqf is seen as a charity whose rewards continue to flow as long as the benefits of waqf assets are still felt by the recipient. Meanwhile, in Indonesia, waqf is legally regulated through Law Number 41 of 2004 concerning Waqf and other implementing regulations. This research uses a qualitative method with a normative-juridical approach, namely examining the sources of Islamic law such as the Qur'an and Hadith as well as applicable laws and regulations. The results of the study show that the principles of waqf in Islamic law and laws in Indonesia have harmony, especially in terms of the eternity of waqf assets and their designation for the public good. However, there are some differences in terms of technical implementation and administration.

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Journal Info

Abbrev

ElSirry

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

El-SIRRY: Jurnal Hukum Islam dan Sosial is a high-quality open access peer-reviewed research journal published by the Pascasarjana Program Studi Hukum Keluarga Islam Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan Aiming to communicate original research and relevant current ...