The Pledges as Alternative to Witnesses in Waqf and Grant Transactions
This study aimed to analyze the role of witnesses and pledges in the settlement of waqf and grant disputes based on the perspective of Islamic law. Although Islamic law had regulated these two concepts in detail, there remained uncertainty in the application regarding the validity of witnesses and p...
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| Format: | Article |
| Language: | English |
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Universitas Islam Negeri Alauddin Makassar
2024-12-01
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| Series: | Mazahibuna: Jurnal Perbandingan Mazhab |
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| Online Access: | https://journal.uin-alauddin.ac.id/index.php/mjpm/article/view/45732 |
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| author | Tahani Asri Maulidah Nugraha Hasan Nurjannah |
| author_facet | Tahani Asri Maulidah Nugraha Hasan Nurjannah |
| author_sort | Tahani Asri Maulidah |
| collection | DOAJ |
| description | This study aimed to analyze the role of witnesses and pledges in the settlement of waqf and grant disputes based on the perspective of Islamic law. Although Islamic law had regulated these two concepts in detail, there remained uncertainty in the application regarding the validity of witnesses and pledges in waqf and grant transactions. This analysis focused on addressing the effectiveness of the two concepts in resolving conflicts. A qualitative method with a normative approach was adopted, which further depended on literature studies and juridical analysis of classical and contemporary Islamic legal texts. Data were collected through a review of the fiqh madhhabs legal literature as well as relevant fatwas and further analyzed using the descriptive-analytical method. The results showed that witnesses and pledges played a significant role in determining the validity of waqf and grant transactions. In particular, the pledges could be used as evidence when witnesses were unavailable or ineligible. However, applying both concepts required adjustments to the local context and community customs. The originality of this study lay in the comprehensive approach to the pledges as a legitimate alternative in dispute resolution, providing a new solution in the context of modern Islamic law. Furthermore, this study provided an important contribution to the development of Islamic law related to waqf and grant transactions. The implications of this study were the need for more adaptation to local conditions and further exploration of the practical implementation of these elements. |
| format | Article |
| id | doaj-art-d376d5a482f448f6a1b0e9f2c9af8cba |
| institution | Kabale University |
| issn | 2685-6905 2685-7812 |
| language | English |
| publishDate | 2024-12-01 |
| publisher | Universitas Islam Negeri Alauddin Makassar |
| record_format | Article |
| series | Mazahibuna: Jurnal Perbandingan Mazhab |
| spelling | doaj-art-d376d5a482f448f6a1b0e9f2c9af8cba2025-01-11T10:21:31ZengUniversitas Islam Negeri Alauddin MakassarMazahibuna: Jurnal Perbandingan Mazhab2685-69052685-78122024-12-0119821410.24252/mazahibuna.vi.4573245732The Pledges as Alternative to Witnesses in Waqf and Grant TransactionsTahani Asri Maulidah0Nugraha Hasan1Nurjannah2Al-Azhar University, Cairo, EgyptInstitut Agama Islam Negeri Manado, IndonesiaSTAI Al-Gazali Soppeng, IndonesiaThis study aimed to analyze the role of witnesses and pledges in the settlement of waqf and grant disputes based on the perspective of Islamic law. Although Islamic law had regulated these two concepts in detail, there remained uncertainty in the application regarding the validity of witnesses and pledges in waqf and grant transactions. This analysis focused on addressing the effectiveness of the two concepts in resolving conflicts. A qualitative method with a normative approach was adopted, which further depended on literature studies and juridical analysis of classical and contemporary Islamic legal texts. Data were collected through a review of the fiqh madhhabs legal literature as well as relevant fatwas and further analyzed using the descriptive-analytical method. The results showed that witnesses and pledges played a significant role in determining the validity of waqf and grant transactions. In particular, the pledges could be used as evidence when witnesses were unavailable or ineligible. However, applying both concepts required adjustments to the local context and community customs. The originality of this study lay in the comprehensive approach to the pledges as a legitimate alternative in dispute resolution, providing a new solution in the context of modern Islamic law. Furthermore, this study provided an important contribution to the development of Islamic law related to waqf and grant transactions. The implications of this study were the need for more adaptation to local conditions and further exploration of the practical implementation of these elements.https://journal.uin-alauddin.ac.id/index.php/mjpm/article/view/45732pledgeswitnesswaqf and grantislamic lawmadhhabs comparative |
| spellingShingle | Tahani Asri Maulidah Nugraha Hasan Nurjannah The Pledges as Alternative to Witnesses in Waqf and Grant Transactions Mazahibuna: Jurnal Perbandingan Mazhab pledges witness waqf and grant islamic law madhhabs comparative |
| title | The Pledges as Alternative to Witnesses in Waqf and Grant Transactions |
| title_full | The Pledges as Alternative to Witnesses in Waqf and Grant Transactions |
| title_fullStr | The Pledges as Alternative to Witnesses in Waqf and Grant Transactions |
| title_full_unstemmed | The Pledges as Alternative to Witnesses in Waqf and Grant Transactions |
| title_short | The Pledges as Alternative to Witnesses in Waqf and Grant Transactions |
| title_sort | pledges as alternative to witnesses in waqf and grant transactions |
| topic | pledges witness waqf and grant islamic law madhhabs comparative |
| url | https://journal.uin-alauddin.ac.id/index.php/mjpm/article/view/45732 |
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