ISTIBDAL HARTA BENDA WAKAF PERSPEKTIF MASLAHAH AL-MURSALAH

Fathoni Muhtar, NIM.: 18203010110 (2022) ISTIBDAL HARTA BENDA WAKAF PERSPEKTIF MASLAHAH AL-MURSALAH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The implementation of the istibdāl of waqf property is allowed in view of the suitability of the present conditions. In the jurisprudence view of the change or transfer (istibdāl) of waqf property, scholars differ in opinion. the views of other schools and scholars may have their benefit in accordance with the conditions relating to the law of istibdāl of waqf property. However, the Indonesian waqf law has provided an istibdāl opportunity after obtaining written permission from the Minister of Religious Affairs with the approval of the Indonesian Waqf Board (BWI) and its successors must have benefits and at least the exchange rate is the same as the original waqf property as article 41 of Law Number 41 of 2004 on waqf. This type of research is library research with a philosophical approach used to study the laws and foundations of istibdāl using the theory of maṣlaḥah al-mursalah. The data analysis method used is qualitative. In collecting data, the author uses the method of studying documents or library materials. The results showed that; first, istibdāl waqf property is allowed by focusing on the aspects of the maslahah that accompany the practice. Meanwhile, the principle of replacing waqf objects according to Law Number 41 of 2004 concerning waqf is if the waqf property that has been waqfed is used for the public interest in accordance with the General Spatial Plan (RUTR) based on the provisions of the applicable laws and regulations and does not conflict with the implementation of the provisions as referred to and can be done after obtaining written permission from the Minister of Religious Affairs with the approval of the Indonesian Waqf Board. Second, the provisions of istibdāl waqf property are acceptable because they are in accordance with the purpose of Islamic law, namely the realization of benefit. If the condition of waqf property cannot be utilized anymore, or in an emergency condition, or in the public interest on the basis of benefit based on the view that the benefits of waqf continue and have a positive impact on the development of waqf property, more productive, more beneficial, better for benefit and other social means.

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