Islamic Law Perspectives and Positive Law on The Reto Tuo Practice of The Rejang Indigenous Community In The Framework of Renewaling Family Law In Indonesia

Jayusman, Jayusman and Desi, Isnaini and Efrinaldi, Efrinaldi and Ilm, Fahimah and Tiswarni, Tiswarni and Shafra, Shafra (2022) Islamic Law Perspectives and Positive Law on The Reto Tuo Practice of The Rejang Indigenous Community In The Framework of Renewaling Family Law In Indonesia. Baltic Journal of Law & Politics, 15 (2). pp. 418-438. ISSN 2029-0454

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Abstract

The management of Reto tuo as an expert waqf practice in the Rejang indigenous community, Bengkulu has succeeded in the welfare of the children of the waqif descendants. However, over time there are potential problems that will become disputes in the future. The problems of this research are: How are the Islamic Law Perspectives and Positive Laws on the Practice of Reto Tuo in the Rejang Indigenous Peoples as Expert Endowments in the Framework of Renewing Islamic Family Law in Indonesia? The conclusions of this study are: The Islamic Law perspective of the practice of Reto tuo as Expert waqf in the Rejang Indigenous community is not carried out in accordance with the requirements and pillars of expert waqf in Islamic Law, especially in terms of expert waqf terms, should be stated clearly, also regarding the designation and period of validity. waqf of the Expert. The positive legal perspectives are: Reto tuo practice as an Expert Waqf in the Rejang Indigenous community, there are no detailed regulations governing it. So for the benefit of the benefit, the reorganization of the Reto tuo Law as an Expert waqf is carried out by separating the regulations of the Expert waqf from the khairi waqf related to the implementation, recording or administration, asset management, and dispute resolution.

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