MERUBAH PERUNTUKAN WAKAF DALAM PERSPEKTIF EMPAT MADZHAB

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Lukman Hakim

Abstract

Waqf is commanded in Islam for the moslem's prosperity
in tackling poverty. It is intended for families who need help. In
various literatures, it can be found that in the early Islamic period,
Waqf has been known in two forms. The first, Waqf that is
dedicated to the particular person. The second,Waqf that is used
for the public purpose. Waqf issues are typically associated with
the unclear status of donated property .It is happened before the
formal certificate or formal registration certificate of Waqf is made
for obtaining Waqf certificate from the authority. Even, the
certified property is usually still claimed by the heir. Based on
Imam Mujtahid, there are some different opinions in changing the
designation of Waqf objects. Imam Hambali allowed the sale and
replacement of waqf but Imam Syafi'i banned the sale and
replacement implicitly. Imam Maliki found that Waqf objects can
be sold in three circumstances. The first, if the benefactor
requires sale when he was donating. The second , if Waqf is not
used anymore. The third, if the replacement will bring the greater
benefits and results.

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How to Cite
HAKIM, Lukman. MERUBAH PERUNTUKAN WAKAF DALAM PERSPEKTIF EMPAT MADZHAB. Ar-Risalah: Media Keislaman, Pendidikan dan Hukum Islam, [S.l.], v. 13, n. 2, p. 26-42, oct. 2015. ISSN 2540-7783. Available at: <http://ejournal.iaiibrahimy.ac.id/index.php/arrisalah/article/view/34>. Date accessed: 26 aug. 2019.
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