Perubahan Fungsi Tanah Wakaf dalam Hukum Islam

Abstract

This paper aims to: (1) description and practice of changes in the function of waqf land in Ragang Village, Waru Subdistrict, Pamekasan Regency, and (2) whether it is in accordance with the terms and regulations in the perspective of Islamic law. The conclusion of this paper is, first, a description of the practice of waqf that occurs in Ragang Village, Waru Subdistrict, Pamekasan Regency, that a portion of the waqf land that occurred there was not registered with the Ministry of Religion and there was also no endowment pledge. Besides that, in Ragang Village, the waqf land is used to be converted to other public interests, because it is a familiar thing. Moreover, the endowment of the land has no function for the addition of mosques, while in the interests of building madrassas is very much needed, because the Al-Ghazali foundation needs madrassas for the opening of MTs. Second, in Islamic law there are some differences of opinion. according to the practice of transferring the function of waqf land in Ragang Village, Waru Subdistrict, Pamekasan Regency is allowed in Hanafiyah's opinion because it is in the interest of greater benefit. The majority of Hanafiyah, Malikiyah and Hanabalah scholars allow the replacement or change in the use of waqf property with some conditions, such as if the waqf property cannot be maintained in accordance with its original purpose and or there are benefits greater than the original waqf. If the waqf property is made for the construction of a mosque, then very little benefit, while for the construction of madrasas, the benefits are far greater than the initial waqf.