Legal Framework of Green Waqf for Ecological Disaster Mitigation: Harmonizing Islamic Law and Indonesian Positive Law

Abstract

The increasing intensity of ecological disasters in Indonesia, such as floods and forest degradation, requires sustainable mitigation strategies that involve community participation. Green waqf has emerged as an innovative model of Islamic philanthropy that integrates religious values with ecological concerns. However, its implementation still faces challenges related to legal certainty.  Previous studies on green waqf have primarily focused on theological, economic, and environmental management aspects. At the same time, comprehensive analyses of the harmonization of Islamic law with Indonesian positive law to mitigate ecological disasters remain limited. In addition, there is no integrated legal framework that effectively bridges sharia norms and national regulations. This study aims to formulate a legal framework for green waqf as an instrument for mitigating ecological disasters by harmonizing Islamic law principles with Indonesian positive law. This study employs a juridical-normative method with a legislative, conceptual, and philosophical approach. Data were obtained from analyses of Islamic law sources, classical and contemporary fiqh literature, and laws and regulations related to waqf, the environment, and disaster management in Indonesia. The results of the study indicate that green waqf has strong legitimacy in Islamic law, supported by the principles of maqāṣid al-sharī‘ah, particularly ḥifẓ al-bi’ah (protection of the environment), al-nafs (protection of life), and al-māl (protection of property). On the other hand, Indonesian positive law provides normative space for the development of green waqf through existing waqf regulations and environmental protection laws, even though it does not explicitly regulate it. Regulatory fragmentation and the absence of technical guidelines pose significant obstacles to implementing green waqf as a disaster mitigation instrument. This paper advances the fields of Islamic law and environmental law by providing a practical framework for integrating green waqf. The results of this study are expected to serve as a reference for policymakers, waqf administrators, and environmental stakeholders to enhance sustainable Islamic philanthropy-oriented ecological disaster- mitigation.