A Comparative Analysis of Legal Products on the Development of Productive Waqf in Indonesia and Malaysia
Indonesia and Malaysia generally have the same Islamic character and history, so the development of Islamic law also has the same roots. Then there were differences in the development of Islamic law, including the law on waqf, which was caused by differences in colonial history. The Dutch colonized...
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| Format: | Article |
| Language: | English |
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Universitas Islam Indonesia
2022-12-01
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| Series: | Millah: Journal of Religious Studies |
| Subjects: | |
| Online Access: | https://journal.uii.ac.id/Millah/article/view/24557 |
| _version_ | 1797738200024743936 |
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| author | M. Roem Syibly Nurul Hidayawatie Mustaffa Muhammad Rabbani Bin Zulkifle Cahya Wulan Ndini |
| author_facet | M. Roem Syibly Nurul Hidayawatie Mustaffa Muhammad Rabbani Bin Zulkifle Cahya Wulan Ndini |
| author_sort | M. Roem Syibly |
| collection | DOAJ |
| description | Indonesia and Malaysia generally have the same Islamic character and history, so the development of Islamic law also has the same roots. Then there were differences in the development of Islamic law, including the law on waqf, which was caused by differences in colonial history. The Dutch colonized Indonesia, and Malaysia was colonized by the British. Therefore, they have different systems and state administrations. This study aims to explain how much support for positive legal products that regulate waqf impacts the development of productive waqf instruments in Indonesia and Malaysia, although with different legal systems. This research is literature research with a juridical-normative approach with a qualitative model. Analysis of the data used is the interactive analysis model of Miles and Huberman. The study results in show that in Indonesia and Malaysia, waqf legal products have existed since the sultanate era, colonial era, and independence era. Waqf legal products in Indonesia regulate more about waqf of immovable objects, which are regulated in different legal products. However, since the birth of the Waqf Law in 2004, waqf has not only focused on immovable objects but also movable and productive objects following the development of the financial world. And business. Likewise, in Malaysia, the legal product of waqf is included in family law which is regulated in the law in each different country, including the territory of the alliance. Productive waqf has also penetrated productive economic efforts by the purpose of waqf. |
| first_indexed | 2024-03-12T13:40:24Z |
| format | Article |
| id | doaj.art-9defd452c93a46c4af9d9582cf9f64ce |
| institution | Directory Open Access Journal |
| issn | 1412-0992 2527-922X |
| language | English |
| last_indexed | 2024-03-12T13:40:24Z |
| publishDate | 2022-12-01 |
| publisher | Universitas Islam Indonesia |
| record_format | Article |
| series | Millah: Journal of Religious Studies |
| spelling | doaj.art-9defd452c93a46c4af9d9582cf9f64ce2023-08-23T20:22:19ZengUniversitas Islam IndonesiaMillah: Journal of Religious Studies1412-09922527-922X2022-12-011003102410.20885/millah.vol21.iss3.art1433965A Comparative Analysis of Legal Products on the Development of Productive Waqf in Indonesia and MalaysiaM. Roem Syibly0https://orcid.org/0000-0002-0677-2306Nurul Hidayawatie Mustaffa1https://orcid.org/0000-0001-5021-0688Muhammad Rabbani Bin Zulkifle2Cahya Wulan Ndini3Department of Akhwal Syakhsiyah (Bachelor), Universitas Islam Indonesia, Yogyakarta, IndonesiaPusat Pengajian Ilmu Kemanusiaan,Universiti Sains Malaysia, Pulau Pinang, MalaysiaFakulti Pengajian Islam, Universiti Kebangsaan Malaysia, Bangi, MalaysiaDepartment of Akhwal Syakhsiyah (Bachelor), Universitas Islam Indonesia, Yogyakarta, IndonesiaIndonesia and Malaysia generally have the same Islamic character and history, so the development of Islamic law also has the same roots. Then there were differences in the development of Islamic law, including the law on waqf, which was caused by differences in colonial history. The Dutch colonized Indonesia, and Malaysia was colonized by the British. Therefore, they have different systems and state administrations. This study aims to explain how much support for positive legal products that regulate waqf impacts the development of productive waqf instruments in Indonesia and Malaysia, although with different legal systems. This research is literature research with a juridical-normative approach with a qualitative model. Analysis of the data used is the interactive analysis model of Miles and Huberman. The study results in show that in Indonesia and Malaysia, waqf legal products have existed since the sultanate era, colonial era, and independence era. Waqf legal products in Indonesia regulate more about waqf of immovable objects, which are regulated in different legal products. However, since the birth of the Waqf Law in 2004, waqf has not only focused on immovable objects but also movable and productive objects following the development of the financial world. And business. Likewise, in Malaysia, the legal product of waqf is included in family law which is regulated in the law in each different country, including the territory of the alliance. Productive waqf has also penetrated productive economic efforts by the purpose of waqf.https://journal.uii.ac.id/Millah/article/view/24557indonesia legal product malaysia productive waqf |
| spellingShingle | M. Roem Syibly Nurul Hidayawatie Mustaffa Muhammad Rabbani Bin Zulkifle Cahya Wulan Ndini A Comparative Analysis of Legal Products on the Development of Productive Waqf in Indonesia and Malaysia Millah: Journal of Religious Studies indonesia legal product malaysia productive waqf |
| title | A Comparative Analysis of Legal Products on the Development of Productive Waqf in Indonesia and Malaysia |
| title_full | A Comparative Analysis of Legal Products on the Development of Productive Waqf in Indonesia and Malaysia |
| title_fullStr | A Comparative Analysis of Legal Products on the Development of Productive Waqf in Indonesia and Malaysia |
| title_full_unstemmed | A Comparative Analysis of Legal Products on the Development of Productive Waqf in Indonesia and Malaysia |
| title_short | A Comparative Analysis of Legal Products on the Development of Productive Waqf in Indonesia and Malaysia |
| title_sort | comparative analysis of legal products on the development of productive waqf in indonesia and malaysia |
| topic | indonesia legal product malaysia productive waqf |
| url | https://journal.uii.ac.id/Millah/article/view/24557 |
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