Research Article
A Comparative Study of Waqf Legal System Between Indonesia and Malaysia
@INPROCEEDINGS{10.4108/eai.26-9-2020.2302564, author={Islamiyati Islamiyati and Dewi Hendrawati and Aisyah Ayu Musyafah}, title={A Comparative Study of Waqf Legal System Between Indonesia and Malaysia}, proceedings={Proceedings of The International Conference on Environmental and Technology of Law, Business and Education on Post Covid 19, ICETLAWBE 2020, 26 September 2020, Bandar Lampung, Indonesia}, publisher={EAI}, proceedings_a={ICETLAWBE}, year={2020}, month={12}, keywords={comparative legal system waqf malaysia indonesia}, doi={10.4108/eai.26-9-2020.2302564} }- Islamiyati Islamiyati
Dewi Hendrawati
Aisyah Ayu Musyafah
Year: 2020
A Comparative Study of Waqf Legal System Between Indonesia and Malaysia
ICETLAWBE
EAI
DOI: 10.4108/eai.26-9-2020.2302564
Abstract
Indonesia and Malaysia, were developing countries, the correlation of them was waqf law that had similarities and differences, from its implementation, legal basis, system, as well as the settlement of waqf disputes. This study analyzed the similarities and differences between Indonesia’s waqf legal system and Malaysia’s waqf legal system. Its benefit was in expanding the legal discourse on waqf at international level. The type of this research was library research that used comparative juridical approach, its data analysis method was comparative study. The research results explained that the implementation of waqf law between Indonesia and Malaysia, had their own characteristics that were adjusted to the typology of the community. The form of government of Indonesia and Malaysia were different, therefore its legal system was also different. The similarity of these two countries were the Islamic legal framework of non-absolute Shafi’I mazhab. However, in Malaysia, it was only implemented in certain states.