WAQF MANAGEMENT IN INDONESIA: BETWEEN IDEALITY AND REALITY

Waqf is a public asset, which is a great hope for the community to be managed and utilized optimally both materially and spiritually. But waqf land always brings its own problems, especially in utilization that is always not optimal. Such as the eviction of buried land, mosques, and the re-occupation of land by heirs, the reality of life shows that there are still many cases of waqf disputes that arise in life, such as not registering waqf, waqf assets that are not maintained or neglected, switching waqf to third party in a way against the law, withdrawal of the land that has been represented, denial of waqf pledges by heirs, and many others. Management of waqf in accordance with the Islamic law, namely may sell waqf property, or exchange it, replace it, move the waqf property and use the proceeds of the sale to be used again for waqf interests. This ability, based on the reason that property waqf remains maslahah, in accordance with the purpose of waqf, or to get greater / better benefits for the benefit of humans in general.

THE APPLICATION OF ISLAMIC LAW AT THE COLONIAL AGE AND IT'S IMPLICATION FOR THE INDONESIAN RELIGIOUS JUSTICE SYSTEM

The enactment of Islamic law during colonialism was marked by the thought of Sayyid Usman, a historical figure who had a great interest in the study of Islamic law in Indonesia during the Dutch East Indies colonization. As a scholar, he has special attention to the continuity of Islamic law in Indonesia, especially regarding Islamic family law, which at that time had been widely practiced by people to replace customary law. In addition, he also contributed a lot of thoughts in the context of enforcing Islamic law by organizing religious justice institutions and compiling Islamic family law. Formally the institutions of religious justice, especially in Java and Madura, were only formed by the Dutch East Indies government in 1882, through the Staatsblad 1882 No. 152. This formation is at once a measure of the reorganization of religious justice institutions, namely by establishing new religious courts in addition to each landraad (the same court) with the same legal area, on average as large as the district. It's just that if before the religious court was independent, then with this reorganization the power to carry out the verdict was handed over to landraad. K.F. Holle, L.W.C. Van den Berg, and Snouck Hurgronje, these three Dutch people were very influential in the birth of the theory of the enactment of Islamic law in Indonesia, L.W.C. Van den Berg is one of the initiators of the theory of receptio in complexu, which states that "for Muslims full Islamic law applies because he has embraced Islam even though there are still deviations in its implementation. Next to L.W.C. Van den Berg carries the theory of receptio in complexu, and Snouck Hurgronje as the originator of receptie theory, which states that for indigenous people basically customary law applies, and Islamic law applies to indigenous people if Islamic legal norms have been accepted by society as customary law.

LEVEL OF COMPLIANCE OF NARCOTICS VICTIMS IN TURNING MEDICAL AND SOCIAL REHABILITATION

The condition of drug abuse in Indonesia is very worrying. According to the records of the National Narcotics Agency (BNN), Indonesian citizens who have been victims of abuse of illicit goods have reached more than 4 million. This paper will review the maslahah murshalah of Islamic law against narcotics, psychotropic substances and addictive substances (NAPZA), their abuse and prevention in the province of West Java. This research is an analytic descriptive type with a qualitative approach. The researcher took the setting in West Java. The research techniques using observation techniques, interviews and documentation as a data collection tool. Data analysis uses data reduction, data presentation and conclusion drawing. The findings of this study are that, the level of compliance of narcotics victims in undergoing medical and social rehabilitation, for children who use narcotics is still not in accordance with the existing legislation, namely where the existing regulations should be rehabilitated for children who abuse drugs, but this provision is not maximal applied, more children were convicted than rehabilitated.

THE CONCEPT OF INTELLIGENCE AND REVELATION IN THE MU’TAZILAH SCHOOL OF THOUGHT

The school of Mu'tazilah thought in the development of Islamic thought is a very interesting and significant study. It is interesting, because the Mu'tazilah school is the oldest and the largest school of Islamic theology that has played an important role in Islamic world thought. Another interesting thing is that Mu'tazilah is a representation of the consciousness of the Islamic world in its progress and modernity. Intellect is the power of thought to understand something, in which there is a possibility that the understanding gained by reason can be wrong can also be true. Revelation is the word of God conveyed to his prophet both for himself and to be conveyed to the people. Knowledge is the relationship between subject and object, while science is knowledge that has been scientifically tested and the truth is clear. Reason and revelation are used to gain knowledge for mankind. Between reason and revelation there is a space where both can meet and even interact with each other and there is a space where they must separate. At the time the revelation recommended the development of science and the preservation of culture by providing space for freedom for reason to think dynamically, creatively and openly, there was a meeting space between reason and revelation. So that the relationship between reason and revelation is not contradictory but is very related between one another, even both of them perfect each other

ISLAMIC LAW VIEWS ON TRAFFICKING OF WOMEN

The phenomenon of trafficking of women in Indonesia, which has been going on for quite a long time, but still continues to occur. Currently in the news relating to human trafficking in Indonesia it is increasingly prevalent, from various kinds of known crime activities carried out by individuals and corporations within the borders of a country as well as those carried out across the borders of other countries which are increasing. Based on the results of the study, it was concluded that the views of Islamic Law concerning the criminal act of trade were not in accordance with maqashid al-syari’ah. Sanctions against traffickers in the form of ta'zir punishment, because there are no clear provisions in the Qur'an and hadith, regarding the form and size of the decision handed over to ijtihad judges or priests who are authorized, the obstacle is that the apparatus is not ready for the elimination of trafficking in women, protection, recovery, repatriation and reintegration, the solution requires a structured, measurable and cross-sectoral and cross-sectoral collaboration between government (Law Enforcement) and the community.

COMPARATIVE STUDY ON GONO GINI'S ASSETS DUE TO A DEATH ACCORDING TO THE ISLAMIC LAW AND POSITIVE LAW

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.

PROPHETIC HADITH IN SUNNI AND SHI’ITE VIEWS: THE ANALYSIS OF HADITH AND TAFSIR SCIENCES

This paper aims to conduct a review of the Sunni and Shi'i rationale in looking at hadith. The highlight was about the basic conception of Shi'i which included the words ma'shum of the Imams as part of the 'Prophet's' Hadith which could be believed to be true. Its appearance in the Shi’i reference hadith books also, when viewed from a Sunni perspective, the number is quite problematic. Compared with opinions that are directly based on the Prophet or Ali, these books are actually more dominated by the opinion of the sixth generation Imam (Ja'far as-Sadiq). So, this paper discusses how solid the foundation of the conception is when compared to the famous conception of jumhur in the Sunni tradition.

CONTRIBUTION OF INDONESIAN ULAMA COUNCIL FOR THE APPLICATION OF ISLAMIC LAW IN INDONESIA

This article discusses the contribution of the Indonesian Ulama Council (MUI) to the application of Islamic Law in Indonesia. By using a literature study, this article succeeded in revealing that the position of the MUI was a forum which brought together Indonesian Muslim scholars and scholars and aimed to unite the movements and steps of Muslims in realizing the implementation of Islamic Law in Indonesia. Through religious guidance in the life of the nation and state, the MUI has issued various fatwas. Although it is non-binding, the fatwa of the MUI is one of the sources in the formation of Positive Law in Indonesia. Thus, the presence of the MUI will be increasingly needed in the process of building an Indonesian country whose population is mostly Muslim.

ANALYSIS OF THE CONCEPT OF STRATEGIC MANAGEMENT AND QUALITY OF MADRASAH ALIYAH

This article analyzes the concept of strategy management and quality in Madrasah Aliyah. As one of the educational institutions, Madrasah Aliyah really need their own management pattern, especially towards quality education. Philosophically Management in the context of the Madrasah Aliyah underlies a leadership in order to be able to build the life of the Madrasah Aliyah organization by developing a culture called the values ​​of excellence in Islamic teachings. The management organization in the Madrasah Aliyah requires a leader and manager who understand the basic concepts of strategic management and the quality of the Madrasah Aliyah so that the manager has a wise vision and is able to inspire staff / workers and all the community organizations of the Aliyah madrasah. Using the literature survey method, this article reveals that management strategies and quality of the Madrasah Aliyah are specifically useful for determining ways and strategies, so that an organization can be managed effectively and efficiently. With an independent management pattern, it can be found the right way to manage resources, the easiest way to do the work, the cheapest funds to finance work, the shortest time to do the work, the right tools to lighten the burden and shorten the distance to carry out work, and produce quality and quality according to the vision, mission, and goals of Madrasah Aliyah.

THE USLUB OF TAFSIR AL-QURAN

This article discusses the method of interpreting the Qur'an. After tracking bibliographic sources, it was found that the differences between the commentators of the Qur'an in the use and meaning of the terms manhaj and uslub. According to the author, the correct one, the term used for the Interpretation of Tahlili, Ijmali, Maudhu'i and Muqaran is uslub not manhaj. Uslub Tafsir Tahlili, is a systematic system used by an interpreter in interpreting the Koran in accordance with the order of verses and letters in the Mushaf, both in whole or in a number of verses or letters. Then in each verse explained everything related to the verse, for example the meaning of the word, the meaning of stylist, asbab nuzul, the laws contained, and the meaning of the whole verse. Uslub Tafsir Ijmali, is a mathematical commentator who adheres to the arrangement of verses that are grouped. Then, explained the general meaning or the whole verse in accordance with what is desired by the editorial verse. Uslub Tafsir Muqaran is collecting and comparing between the two interpretations of the ulama or more about the verses of the Koran, studying them, and concluding which interpretations are the most powerful. Uslub Tafsir Maudhu'i is a systematic writing of interpretations used by an interpreter by not following the order of verses in the Koran. But by collecting all the verses that speak the same theme, then explain and take legal conclusions.