PEMINDAHAN DAN PENJUALAN BARANG WAKAF (Telaah Kritis Fiqih Klasik)

Abstract

Supervision of goods endowment is essential, so that the
goods waqf maintained condition and still useful. Islamic Shari'a
has a privilege compared to previous Shari'a Shari'a where
Islamic teachings are universal, integral and global. Islam has set
rules about the waqf is perpetual unless revoked by wakif
therefore endowments items should not be moved and sold,
assigned even passed. And as a revealed religion of Islamic law
should be able to balance the needs of the people according to
the development and use of certain balance with the principle
tasyri. Where Islam is Al-Taisir Wa Al-Takhfif (easy and light) so
that development does not cause social turmoil. Goods waqf
either moving or not moving, when it is positive to the goods waqf
then must be monitored, maintained, and maintained as best as
possible, in accordance with the purpose of endowments, may
not be sold, and assigned, but if the goods waqf is damaged,
does not fulfill its function as waqf property, can not be utilized, it
is the waqf property be sold and the money to buy other goods
instead, can even be transformed to enable the more benefits
and maslahah. Move items endowments from one place to
another because of damage, can not function or be less strategic
legal provisions do not change the name of waqf, not eliminate,
and contains more benefits and goodness.