Research Article
Istibdal Waqf Mosque Construction in Perspective of Fiqh Mu'amalah and Indonesian Positive Law
@INPROCEEDINGS{10.4108/eai.11-10-2021.2319441, author={Ilham Nardi Yulianto and Dailani Ismail and Farida Arianti and M Deni Putra and Nik M Arif}, title={Istibdal Waqf Mosque Construction in Perspective of Fiqh Mu'amalah and Indonesian Positive Law}, proceedings={Proceedings of the 6th Batusangkar International Conference, BIC 2021, 11 - 12 October, 2021, Batusangkar-West Sumatra, Indonesia}, publisher={EAI}, proceedings_a={BIC}, year={2022}, month={8}, keywords={istibdal waqf; fiqh mu'amalah; positive law on waqf (waqf law)}, doi={10.4108/eai.11-10-2021.2319441} }- Ilham Nardi Yulianto
Dailani Ismail
Farida Arianti
M Deni Putra
Nik M Arif
Year: 2022
Istibdal Waqf Mosque Construction in Perspective of Fiqh Mu'amalah and Indonesian Positive Law
BIC
EAI
DOI: 10.4108/eai.11-10-2021.2319441
Abstract
Mosques are always undergoing repairs (renovations) and even rebuilding. Then the lack of understanding of mosque managers often leads to the non-optimal use of waqf goods. Then what should be the understanding and actions that must be taken on waqf objects if it is deemed necessary for changes, exchanges, and sales of waqf objects (Istibdal)?, This research is qualitative research combined with library research (library research) with a legal approach (juridical normative) in Islamic law and positive Indonesian law specifically regarding waqf. The results of the study show that Istibdal Waqf is allowed according to the rules of Fiqh Mu'amalah (Islamic Law) with conditions; Dharurah, mashlahah and also more appropriate use and restore the original intention of using waqf (waqf pledge), Meanwhile, in a positive legal framework, this is also allowed on condition that there is clear information regarding the replacement and transfer which is then approved by the Ministry of Religion and the Indonesian Waqf Board (BWI).