Al Dzahab
Vol. 7 No. 2 (2026): Al Dzahab: Journal of Economics, Management, Business and Accounting

Reinterpretation of Fiqh and Regulations on Stock Waqf in Indonesia: An Integrative Normative Study

Uswatun Hasanah (Universitas Islam Negeri Jurai Siwo Lampung)
Moelki Fahmi Ardliansyah (Universitas Islam Negeri Jurai Siwo Lampung)



Article Info

Publish Date
08 Sep 2026

Abstract

Purpose: This research investigates the jurisprudential benchmarks of mal mutaqawwam alongside dawam al-manfa'ah, analyzing how they align or conflict with Indonesian statutory law to clarify the legal status of equity endowments as viable tools for productive waqf Design/Methodology/Approach: This study employs a normative-doctrinal research design using content analysis and comparative fiqh methods. The analytical framework evaluates the compatibility and tensions among primary classical/contemporary fiqh texts, DSN-MUI fatwas, Law No. 41 of 2004, and Financial Services Authority (OJK) regulations. The analysis maps the conceptual shift from physical asset permanence (dawām al-‘ayn) to perpetual benefit (dawām al-manfa’ah) to synthesize an integrated legal framework for stock waqf. Findings: Sharia-compliant stocks qualify as māl mutaqawwam because their legitimacy rests on economic value (qīmah) and the continuity of benefits (dawām al-manfa’ah) via dividends and capital gains, rather than physical permanence. Furthermore, stock waqf achieves operational legitimacy through a dual-framework integration, where contemporary ijtihād (fatwas) provides religious authority and state regulations ensure legal certainty and enforceable governance. Research Implications: This study advances Islamic legal scholarship by demonstrating how classical fiqh doctrines can be systematically recontextualized within capital market structures, thereby shifting the academic discourse of waqf from rigid asset-tangibility requirements toward benefit-oriented financial governance.

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Journal Info

Abbrev

al-dzahab

Publisher

Subject

Decision Sciences, Operations Research & Management Economics, Econometrics & Finance

Description

Al Dzahab: Journal of Economics, Management, Business and Accounting focus on economic research, the issues include the development of economics, management and business, accounting, and economic knowledge that focus on management and business, economic development, accounting, state owned ...