El-Faqih : Jurnal Pemikiran dan Hukum Islam
Vol 7 No 1 (2021): EL FAQIH

Pendekatan Sejarah Dalam Hukum Wakaf Imam Hanafi

Laila Afni Rambe (Universitas Islam Negeri Sunan Kalijaga Yogyakarta)
Sitta 'Ala Arkham (Universitas Islam Negeri Sunan Kalijaga Yogyakarta)



Article Info

Publish Date
28 Apr 2021

Abstract

Historical approach is a method used in analyzing a problem. In this paper the historical approach is used to look at the factors that influence the opinion of Imam Hanafi on the position of ownership of waqf property. According to the opinion of Imam Hanafi when a waqf endows his property, it does not make the transfer of ownership of the waqf property. Until the endowment property still belongs to a wakif even though the property has been endowed. After a study, it was concluded that Imam Hanafi's opinion was influenced by his past history as a trader. In addition, the State of Iraq, where he lived, was far from the source of hadith in the time of the Prophet, so Imam Hanafi was more dominant in using Ra'yu in viewing and establishing the law on an event that occurred.

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Journal Info

Abbrev

faqih

Publisher

Subject

Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

El-Faqih, Jurnal Pemikiran dan Hukum Islam, ISSN, 2503-314X ( Online) and 2443-3950 (Print) is a peer-reviewed journal published by the Faculty of Sharia, IAI Faqih Asyari Kediri. This scholarly periodical specializes in the study of Islamic law and seeks to present the various results of the latest ...