TY  - THES
N1  - Pembimbing : Prof. Dr. H. Susiknan Azhari
ID  - digilib47142
UR  - https://digilib.uin-suka.ac.id/id/eprint/47142/
A1  - Oktavi Maulizar, S.H., NIM.: 18203010092
Y1  - 2021/08/03/
N2  - The implementation of waqf land swaps that occurred in Indrapuri District,
Aceh Besar Regency on the construction of the Sigli-Banda Aceh (Sibanceh) toll road
which consists of 7 parcels of waqf land affected by land acquisition in order to
expedite the toll road construction process. Among the people of Aceh, who mostly
adhere to the Syafi'i school, still make the exchange of waqf land something taboo to
do, because it adheres to the principle of prudence. In practice, it was found that there
was a discrepancy between theory and practice, namely that there were still parties who
did not implement the agreements made in the Ruilslag agreement, thus harming the
Nazis and the community. The formulation of the problem in this study; first, how is
the process of implementing the ruilslag of waqf land in Indrapuri District, Aceh Besar
District?; second, why is there a default in the settlement of the promise of payment of
waqf land which is exchanged for bolsters (ruilslag) in Indrapuri District, Aceh Besar
District?; third, what is the perspective of Islamic law on the implementation of the
ruilslag of waqf land in Indrapuri District, Aceh Besar District?
This type of research is a field research with a juridical-empirical/sociological
approach, which means a combination of a legal approach (law) with the addition of
various elements of a sociological approach using the waqf theory and the theory of
default. The data analysis method used is descriptive analytic. In collecting data the
author uses the method of observation, interviews, and documentation.
The results showed that; first, the ruislag procedure that has been carried out
has complied with the applicable provisions, but there are still some things that have
not been maximized, such as in paying off the promise by paying compensation in
accordance with the NJOP and based on the agreement at the beginning of the
agreement. So that in the implementation of this Ruislag there are still parties who feel
aggrieved by the parties concerned; second, the factor for the occurrence of default
comes from within, namely from the toll developer itself, not because of a forced
situation; and third, the implementation of waqf land ruislag in Indrapuri District, Aceh
Besar Regency in the perspective of fiqh has met the specified requirements. Based on
the opinion of the madhhab imam and its adherents who allow exchange/replacement
with the respective requirements, some are loose and some are strict in fulfilling the
criteria for these requirements. This is intended for the sake of maintaining the
sustainability of the benefits of the waqf land
PB  - SUNAN KALIJAGA YOGYAKARTA
KW  - Tukar Guling
KW  -  Tanah Wakaf
KW  -  Hukum Islam.
M1  - masters
TI  - TUKAR GULING (RUILSLAG) TANAH WAKAF PADA PROYEK JALAN TOL BANDA ACEH?SIGLI DALAM PERSPEKTIF HUKUM ISLAM
AV  - restricted
EP  - 231
ER  -