Rekonstruksi Kerangka Hukum Wakaf Indonesia: Menuju Tata Kelola Berbasis AI Perspektif Maqāṣid al-Sharī‘ah

Abstract

Waqf has long served as a cornerstone of Islamic socio-economics development, supporting education, healthcare and poverty alleviation. However, the transformation of ecconomic systems in the digital era has posed new challenges for the governance and legal regulation of waqf. While traditional fiqh provides a normative foundation for waqf as a perpetual endowment, existing legal framework in many Muslim majority countries including Indonesia have not fully adapted to contemporary financial and technological innovation. This study aims to examine the adequacy of the current legal framework governing waqf and propose pathways for its modernization in alighment with contemporary economic realities. Using normative juridicial approach, this paper explores the interaction between Islamic legal principle about waqf, national legistlation particularly law No. 41 of 2004 on waqf and the emerging digital waqf practices facilitated by Islamic fintech platforms. The analysis identifies three major challenges: (1) the legal vacuum concerning digital waqf contracts and electronic documentation; (2) the lack of clear governance standards for digital waqf management and data protection; (3) limited integration between sharia supervisory authorities and financial technology regulators. These challenges highlight the urgency of reformulating a responsive legal framework that ensures both sharia compliance and technological reliability. The paper argues that a modernized legal framework should be guided by the principles of Maqāṣid al-Sharī‘ah, emphasizing transparency, accountability, and social benefit. Ultimately, the study contributes to the discourse on sustainable Islamic finance by offering a conceptual and regulatory roadmap for strengthening waqf’s legal architecture, ensuring its continued relevance and impact in contemporary economic development.