PERUBAHAN STATUS HARTA BENDA WAKAF DI MASJID JOGOKARIYAN YOGYAKARTA PERSPEKTIF MAQASID SYARIAH

Kholid Hidayat, NIM.: 20203011007 (2023) PERUBAHAN STATUS HARTA BENDA WAKAF DI MASJID JOGOKARIYAN YOGYAKARTA PERSPEKTIF MAQASID SYARIAH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Changing the status of waqf assets is a policy that has legal consequences because there are no texts in the Qoran or hadith that mention it directly. This legal vacuum ultimately led to legal differences among scholars in responding to the issue of changing the status of waqf assets. Yogyakarta Jogokariyan Mosque is one of the waqf managers who changed the status of waqf assets to be developed by nazhir.Therefore, it is necessary to carry out in-depth research to determine the legal status of the policy on changing the status of waqf assets carried out by the management of the Yogyakarta Jogokariyan Mosque using maqashid syariah and Law No. 41 Year 2022 as theory and rules to analyze. The type of research used is field research with a normative juridical and empirical approach that aims to analyze the legal status of the implementation of the policy of changing the status of waqf assets at the Jogokariyan Mosque, Yogyakarta. To find out the mechanism for changing the status of waqf assets, researchers used interview techniques with mosque managers as waqf managers. In addition, research is also supported by available literature from various scientific works. The theoretical framework used to analyze the legal status of changes in the status of waqf assets at the Jogokariyan Mosque is maqashid syariah and Law No. 41 of 2022. The results of this study indicate that the policy of changing the status of waqf assets at the Jogokariyan Yogyakarta Mosque has been carried out in accordance with the Shari'a referring to various perspectives presented by various Ulama circles. In addition, the change in the status of the waqf assets meets the criteria d{aru>riyyat al-khamsa which is an indicator in the method maqashid syariah The policy has also met the standards set by Law no. 41 of 2022 namely in article 41 paragraph (3) and article 43 paragraph (1) regarding assets exchanged must have more or the same benefits and provisions for changing the status of waqf assets are carried out and developed in accordance with sharia principles.

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