TUKAR GULING (RUILSLAG) TANAH WAKAF PADA PROYEK JALAN TOL BANDA ACEH–SIGLI DALAM PERSPEKTIF HUKUM ISLAM

Oktavi Maulizar, S.H., NIM.: 18203010092 (2021) TUKAR GULING (RUILSLAG) TANAH WAKAF PADA PROYEK JALAN TOL BANDA ACEH–SIGLI DALAM PERSPEKTIF HUKUM ISLAM. Masters thesis, SUNAN KALIJAGA YOGYAKARTA.

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Abstract

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

Item Type: Thesis (Masters)
Additional Information: Pembimbing : Prof. Dr. H. Susiknan Azhari
Uncontrolled Keywords: Tukar Guling, Tanah Wakaf, Hukum Islam.
Subjects: Hukum Tata Negara
Wakaf
Divisions: Fakultas Syariah dan Hukum > Magister Ilmu Syari'ah (S2)
Depositing User: Muh Khabib SIP.
Date Deposited: 24 Nov 2021 13:58
Last Modified: 24 Nov 2021 13:58
URI: http://digilib.uin-suka.ac.id/id/eprint/47142

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