DESA ADAT SEBAGAI NAZHIR DALAM PENGELOLAAN TANAH WAKAF (Studi Kasus di Desa Malapari Provinsi Jambi)

M. Choyrul Tsani., SH, NIM.: 22203011090 (2024) DESA ADAT SEBAGAI NAZHIR DALAM PENGELOLAAN TANAH WAKAF (Studi Kasus di Desa Malapari Provinsi Jambi). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Malapari Village is one of the Traditional Villages in Muara Bulian District, Batang Hari Regency, Jambi Province. In the practice of worship, the community uses the Customary Law and Islamic Law that applies in the village, one of which is the practice of waqf carried out by the Malapari Village community. In practice, the community still uses traditional methods based on customs and customs passed down from generation to generation, then the Traditional Village acts as a nazhir in managing waqf land without any correspondence in this practice. Meanwhile, in waqf practice in Indonesia, waqf affairs have a reference, namely Law number 41 of 2004 concerning waqf. The law explains that in order to donate his assets, the wakif or his proxy makes a pledge as stated in the Waqf Pledge Deed (AIW) in the presence of the Waqf Pledge Deed (PPAIW) official in the presence of two witnesses, while the nazhir to obtain legality must be registered with the Minister and BWI through the local KUA. The type of research used in this research is field research, namely research whose object is about symptoms or events that occur in community groups. This research can also be called case research or case study with a qualitative descriptive approach. In the data collection method the author uses observation, interviews and documentation methods. The theoretical framework used is Law Number 41 of 2004 concerning Waqf and the Traditional Village theory. The results of this research are that the implementation of waqf in Malapari Village makes the Traditional Village a nazhir in managing waqf land and has fulfilled the pillars and requirements of waqf according to Islamic Law. Namely, there are waqif, mauquf, mauquf 'alaih and shigot and according to Article 2 of law number 41 of 2004 that if the waqf is carried out according to sharia then the status of the waqf is said to be valid. However, in the aspect of proving the waqf pledge, there is no strong legal evidence in the form of a Waqf Pledge Deed which is officially registered with the local KUA. Then, if we look at the history of waqf in Indonesia, the practice of waqf is managed by local authorities or local village officials so that indirectly the village government has the authority to accommodate waqf in Malapari Village. The community in Malapari Village assumes that waqf practices using traditional methods tend to be easier to carry out, because the wakif only needs to convey verbally to the nazhir with mutual trust without any administrative matters that require time and money. So this is what makes the people of Malapari Village prefer the Traditional Village as the Nazhir in managing waqf land.

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