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Authors: JM. Muslimin
Keywords: istibdal, waqf, justice, public interest, sociological jurisprudence
Issue Date: 2018
Publisher: Atlantis Press
Abstract: This paper aims at focusing the analysis on a practical reinterpretation of Qur’an and Hadith texts on waqf (religious endowment). Qur’an and Hadith are the most important sources of norms for Islamic society. Therefore this article tries first to refer to the scriptures. Then, empirically proves that understanding Qur’an and Hadith in order to extract its essence as moral and normative guidelines (as in the case of endowment) works in various methods. One of them is a sociological jurisprudence. This research finds that the text of Qur’an and Hadith on waqf has been interpreted beyond its textuality. That is due and for the sake of justice to achieve social benefit. The interpretation is legalized by the governmental decree as well as widely practiced by Indonesian Muslim society. Thus, the text has been understood and translated wider. Reading the text through sociological jurisprudence implies to read the text in multi-stages: text, reader, author (revealer), and last but not the least social impact and surrounding (utilities).
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