relation: https://digilib.uin-suka.ac.id/id/eprint/79644/
title: HUKUM ISTIBDAL TANAH WAKAF DALAM PERSPEKTIF MAZHAB JA’FARI DAN MAZHAB HANAFI (ANALISIS MAQASHID ASY-SYARI’AH)
creator: Fatimatus Zahro, NIM.: 20103060056
subject: 297.413 Perbandingan Mazhab
description: Essentially, waqf in Islam is used to provide assistance and benefits to communities in need; however, there are some cases where waqf assets cannot be developed due to unavoidable circumstances, thus requiring a concept that can adapt to community needs through the concept of istibdal. Land waqf plays a vital role in various social, economic, and political aspects. Given the importance of land waqf, efforts are needed to ensure the sustainable empowerment of waqf to achieve optimal results, as the purpose of waqf is to provide continuous benefits.  The legal rulings regarding istibdal in waqf have been the subject of debate and differing opinions among various schools of Islamic jurisprudence, particularly between the Ja’fari and Hanafi schools, which are the focus of this study. Based on these issues, this study poses several research questions: What are the views of the Ja’fari and Hanafi schools of thought regarding the legal ruling on the substitution (istibdal) of waqf land, and what is the legal ruling on the substitution of waqf land from the perspective of the Maqashid al-Shari’ah theory? This is a qualitative study employing a library-based research method of an analytical-comparative nature, utilizing an analysis of the Maqashid al-Shari’ah theory.  After conducting several studies, this research concludes that the Ja’fari school is stricter in permitting the practice of waqf istibdal, as they view the permanence of waqf property as highly important; the permissibility of this practice is based on Hifdz ad-Din (preserving the validity of the contract) and Hifdz al -Mal min Janib al-Adam (preserving wealth by preventing damage). In contrast, the Hanafi school takes a more lenient stance in permitting istibdal of waqf, as it prioritizes the benefits derived from the waqf over the physical permanence of the asset itself—specifically for the sake of Hifdz al-Mal min Janib al-Wujud (preserving wealth through operational management and the enhancement of its benefits).
date: 2026-08-21
type: Thesis
type: NonPeerReviewed
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/79644/1/20103060056_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/79644/2/20103060056_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf
identifier:   Fatimatus Zahro, NIM.: 20103060056  (2026) HUKUM ISTIBDAL TANAH WAKAF DALAM PERSPEKTIF MAZHAB JA’FARI DAN MAZHAB HANAFI (ANALISIS MAQASHID ASY-SYARI’AH).  Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.