CONSTRUCTION OF WAQF ISTIBDAL REGULATIONS FOR EMPOWERING NON PRODUCTIVE WAQF IN INDONESIA
Abdur Rohman, Mohammad Ali Hisyam, Ridan Muhtadi, Nur Rachmat Arifin
Universitas Trunojoyo Madura
STAI Miftahul Ulum
Universitas Airlangga
Abstract
The Indonesian Waqf Board (BWI) released the number of waqf land in Indonesia reaching 4,359,443,170.00 square meters or 287,160 hectares spread over 435,768 locations throughout Indonesia. While the amount of waqf property has not been maximized, then it is needed a way to optimize the properties of waqf by way of Istibdal. The purpose of this study is to answer the problem of how istibdal waqf regulatory system in Indonesia and how is the model of the waqf feasibility management for economic empowerment. This research uses descriptive qualitative juridical methods, which are then analyzed using the provisions of Islamic law and provides a model for the management of the endowments of empowerment. The results of the study concluded that the application of the waqf land is in accordance with the pillars and conditions of waqf and management. The eligibility of the waqf land is in accordance with Islamic law and Law No. 41 of 2004 concerning representation which states that the transfer of waqf land is permissible if it is in the public interest. Researchers are inclined to the opinion of Hanafiyah schools that allow ibdal and istibdal with consideration that maslahah and ibdal may be done by anyone either by his own waqif, others or judges.
Keywords: Regulation Construction, Istibdal Waqf, Economic Empowerment.
Topic: Islamic Law