International Journal of Law and Society

From the Debate on the Legality of Waqf al-Ahlī to its Implementation in Southeast Asia: Indonesia, Malaysia, and Singapore

Ulfa Pirmani, Edi Kurniawan, Najmi — Sun, 11 Aug 2024 00:00:00 +0000

The debate on the heresy of waqf al-ahlī (family endowment) in the early 20th century significantly impacted its legality in Muslim countries. In Southeast Asia, with samples from Indonesia, Malaysia, and Singapore, they followed the majority opinion of ulama. They implemented it in the law to improve the management of waqf al-ahlī. This paper examines the legality of waqf al-ahlī from the perspective of fiqh and the Law and its implementation model in the three countries through extensive literature study. The results reveal that the debate on the legality of waqf al-ahlī is more influenced by socio-economic and political factors and misunderstandings about the purpose of waqf rather than theological considerations. Therefore, most Muslim scholars recognise this type of waqf, and it is implemented by most Muslim countries, including the three countries that are the objects of this study. Comparative analysis shows that Singapore achieves higher productivity and efficiency in managing waqf al-ahlī than Indonesia and Malaysia. These findings refute the view of waqf al-ahlī as heresy and emphasise the importance of good governance, a comprehensive legal framework, and efficient management to optimise the potential of waqf al-ahlī as an instrument of sustainable socio-economic development.

Ahl Al-Hadith and Ahl Ar-Ra’yi in the Formation and Development of Islamic Law

Tue, 13 Aug 2024 00:00:00 +0000

This study aims to analyze the role and contribution of Ahl Al-Hadith and Ahl Ar-Ra’yi in forming and developing Islamic law. These two groups of thought emerged in the 2nd century Hijriah with different approaches to interpreting the sources of Islamic law. This study uses a qualitative research type with a descriptive-analytical approach. The primary data in this study are classical and modern literature relevant to the thoughts of Ahl Al-Hadith and Ahl Ar-Ra’yi. Data sources include classical Islamic law books, books, and scientific articles that discuss the methodology of these two groups. Data collection techniques are carried out through library research by analyzing primary and secondary texts. The collected data are analyzed using content analysis techniques, which aim to explore the methodological patterns of the two groups in interpreting Islamic law. The study results show that despite having different methodological approaches, both seek to uphold Islamic law by maqashid al-sharia. Ahl Al-Hadith contributed to the birth of the Maliki and Hanbali schools, emphasizing the text's authority. At the same time, Ahl Ar-Ra’yi played a role in introducing the flexible ijtihad method popularized by Abu Hanifah. This approach was later balanced by Imam Syafi'i, who integrated text and reason into his ushul fiqh. This study concludes that the differences in methodology between Ahl Al-Hadith and Ahl Ar-Ra’yi not only enrich the treasury of Islamic law but also provide a mechanism for adapting Islamic law to changing times while maintaining the basic principles of sharia.

From Combating Religious Blasphemy to Promoting Peace: Reflections on the Role of Islamic Da’wah and Law in Indonesia's Pluralistic Society

Thoriqul Haq, Noor Aqsa Nabila Mat Isa — Wed, 14 Aug 2024 00:00:00 +0000

This study examines Da’wah's role in addressing the blasphemy issue in Indonesia and promoting peace in a pluralistic society. As a form of spreading Islamic teachings, Da’wah has a significant historical role in dealing with religious conflicts. This study aims to understand how Muslim leaders and communities use Da’wah to address blasphemy, reduce conflict, and build social harmony. With a qualitative approach, this study uses a descriptive-analytical method through analysis of historical documents, in-depth interviews with religious figures, and literature studies related to blasphemy cases. Data analysis techniques involve data reduction, data presentation, and inductive drawing of conclusions. The validity of the data is guaranteed through triangulation of data sources, namely comparing the results of interviews, documents, and relevant literature. The study results show that Da’wah is used through three main strategies: education to strengthen religious understanding, interfaith dialogue to build cross-faith communication, and a legal approach to handle blasphemy allegations formally. This strategy not only protects Islamic teachings but also strengthens social harmony. Da’wah also plays a vital role in enhancing the values of tolerance, mediating conflict, and promoting peaceful life in a pluralistic Indonesian society. Da’wah is a tool for affirming Islamic identity and an effective instrument of social mediation. This finding contributes to the understanding of religious dynamics in Indonesia and its relevance in overcoming the challenges of interfaith relations in the era of globalization.