Al-Mizan : Jurnal Hukum dan Ekonomi Islam

Tinjauan Fatwa DSN-MUI Nomor 02 Tahun 2022 Tentang Wakaf Uang dan Undang-Undang Nomor 41 Tahun 2004 Tentang Wakaf Terhadap Pengelolaan Wakaf Uang

2026-08-05T05:15:05+00:00

This research is motivated by the requirement that wakif must submit cash waqf through a Sharia Financial Institution Receiving Cash Waqf (Lembaga Keuangan Syariah Penerima Wakaf Uang / LKSPWU). However, at YPI Al-Azhar Kebayoran Baru, South Jakarta, cash waqf is received directly by the nazir, and its management is directly invested in projects developed by the institution. This study employs a qualitative research method, consisting of focused interviews, naturalistic observation, and document analysis, using an empirical legal approach. The results of the research show that (1) The practice of cash waqf management at YPI Al-Azhar Kebayoran Baru, South Jakarta is conducted through the receipt of cash waqf via mobile banking applications or through the Al-Azhar Waqf Office. Subsequently, the collected cash waqf is invested in projects developed by the Al-Azhar Kebayoran Baru Waqf Institution. (2) The practice of cash waqf management at YPI Al-Azhar Kebayoran Baru, South Jakarta is in accordance with MUI Fatwa Number 02 of 2002 concerning Cash Waqf. However, it has not fully met all the requirements for the collection and management of cash waqf as stipulated in Law Number 41 of 2004, particularly Article 28, which states that “Wakif must submit cash waqf through a Sharia Financial Institution Receiving Cash Waqf (LKSPWU).

Analisis Yuridis Pembatalan Wakaf pada Putusan PTA Jakarta Nomor 122/Pdt.G/2024/PTA.JK

2026-08-05T07:43:50+00:00

This study aims to analyze the judicial considerations in partially annulling a waqf pledge over land as stated in the Decision of the Jakarta High Religious Court Number 122/Pdt.G/2024/PTA.JK and to examine its validity under Islamic law and Indonesian positive law. The research uses a qualitative method with a normative juridical approach through a case study and interviews with a High Judge of the Jakarta Religious High Court. The findings reveal that a waqf pledge that fails to meet formal requirements, such as being unregistered in the Waqf Pledge Deed (AIW), is invalid. The judges ruled that only the portion of land listed in the 1991 AIW is legally recognized as waqf, while the remaining area was returned to the waqif. This decision underscores the importance of legal certainty and the protection of ownership rights in waqf implementation.

Green Sukuk untuk Pembangunan Berkelanjutan dan Perlindungan Kehidupan: Analisis Komparatif Regulasi Dalam Perspektif Hifzh An-Nafs

2026-08-05T07:48:57+00:00

This study analyzes the regulatory framework of green sukuk in Indonesia and Malaysia from the perspective of Hifzh an-Nafs (protection of life) as part of Maqasid Shariah. Green sukuk has become an innovative Islamic financial instrument to finance environmentally friendly sustainable development projects. Indonesia has issued green sukuk worth USD 6.9 billion since 2018, with the inaugural green sukuk in 2018 worth USD 1.25 billion. This research employs a qualitative normative legal research method with a comparative law approach and conceptual approach. The results show that Indonesia’s regulatory framework is based on POJK No. 60/POJK.04/2017, POJK No. 18/POJK.04/2023, DSN-MUI Fatwa No. 137/DSN-MUI/IX/2020, and Indonesia’s Green Sukuk Framework, while Malaysia uses the Securities Commission Malaysia SRI Sukuk Framework and Bank Negara Malaysia Value-Based Intermediation. Comparative analysis shows that Indonesia has a more comprehensive regulatory framework for sovereign green sukuk, while Malaysia excels in corporate market development. From the Hifzh an-Nafs perspective, green sukuk realizes life protection through financing renewable energy projects, climate change mitigation, and sustainable infrastructure that supports public health and welfare. This study recommends strengthening regulations, improving reporting transparency, and harmonizing regional standards to optimize green sukuk’s contribution to sustainable development and achieving SDGs.

Tinjauan Fatwa DSN-MUI No 44/DSN-MUI/VIII/2004 Terhadap Akad Ijarah Multijasa Dalam Pembiayaan Pernikahan

2026-08-05T07:05:46+00:00

The factor that causes people who are not ready to get married is that the cost of marriage is too expensive because marriage is considered a precious moment in life so that this marriage wants to be held luxuriously and festively. With the existence of wedding financing using a multijasa ijarah contract, it helps those who want to get married but lack funds. However, there is a difference of opinion according to Ibn Mas'ud and Shaykh Muhammad bin Shalih Al-Uthaimin regarding this wedding financing. This research uses qualitative research in the form of a case study with a normative approach. The research results show that (1) the practice used by the institution is to use an ijarah contract where the BMT is a service provider for customers in need and the BMT will conduct lease transactions with those who rent goods because the customer is not given cash by the BMT and the BMT represents the customer to pay the rent. (2). The practice applied by the BMT institution is in accordance with the fawa DSN-MUI Number 44/DSN-MUI/VIII/2004.

Tinjauan Yuridis Perlindungan Konsumen dalam Transaksi Marketplace Berbasis Syariah Menurut UU No. 8 Tahun 1999 dan Fatwa DSN-MUI No. 144 Tahun 2021

2026-08-05T07:23:07+00:00

This study aims to analyze the conformity of consumer protection practices in online buying and selling at Monalisa Hijab Store on Shopee Barakah based on Law No. 8 of 1999 concerning Consumer Protection and DSN-MUI Fatwa No. 144 of 2021 regarding Sharia-based Marketplace. The research employs a qualitative method with a normative-empirical approach using a case study design. Primary data were obtained through observation and interviews, while secondary data were collected from legislation, fatwas, books, and relevant journals. The findings indicate that consumer protection practices at Monalisa Hijab Store are generally in accordance with both positive law and sharia principles, as reflected in transparent product information, refund or replacement mechanisms, and the application of khiyar rights. However, challenges remain in seller-consumer communication and differences in customer perception that affect satisfaction.