Smart: Journal of Islamic Religion and Sharia Studies
Vol. 1 No. 3 (2026): Smart: Journal of Islamic Religion and Sharia Studies (SSharia)

Analysis of Cash Waqf from the Perspective of the Hanafi and Shafi’i Schools of Thought in Indonesia

Apipudin Apipudin (Universitas Syeikh Nawawi Banten, Indonesia)
Izla Amalia (Universitas Syeikh Nawawi Banten, Indonesia)
Muhammad Fairuzi Amin (Universitas Syeikh Nawawi Banten, Indonesia)
Yuliyah Yuliyah (Universitas Syeikh Nawawi Banten, Indonesia)



Article Info

Publish Date
31 Aug 2026

Abstract

Cash waqf management in Indonesia triggers epistemological tension between the physical asset preservation dogma of Shafiite jurisprudence and the commercial custom rationalization of Hanafite scholars. This dogmatic gap produces a massive fund stagnation anomaly due to theological hesitation among managers. This normative doctrinal research dismantled this deadlock through a comparative jurisprudential and teleological approach toward classical literature alongside national waqf legislation. The analytical results prove that the Indonesian positive legal architecture essentially created a novel methodological synthesis. These regulations adopt Shafiite principal value protection while simultaneously legitimizing Hanafite productive investment schemes through financial institutions. Nevertheless, this normative hybridization proves highly vulnerable to operating suboptimally in reality without proper risk mitigation infrastructure. This synthesis firmly asserts that philanthropic legal certainty absolutely demands the institutionalization of asset guarantee insurance instruments to accelerate economic justice. This constructive idea provides a revolutionary civilizational prototype for formulating global philanthropic epistemology within the modern international economy.

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Journal Info

Abbrev

SSharia

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Subject

Description

Smart: Journal of Islamic Religion and Sharia Studies (SSharia) is a peer-reviewed academic publication dedicated to advancing scholarly discourse on Islamic theology, religious jurisprudence, and Sharia law within contemporary and historical contexts. Established as a forum for rigorous ...