Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences
Vol 5, No 1 (2022): Budapest International Research and Critics Institute February

Waqf in the Perspective of Mawḍū'i Hadith: Analysis of Hadith Criticism Concerning the Prohibition of Selling Waqf Property

Akrama Hatta (Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar, Indonesia)
Azwar Azwar (Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar, Indonesia)



Article Info

Publish Date
27 Feb 2022

Abstract

This study aims to determine the quality of the hadith related to the prohibition of selling waqf property and the opinions of the Islamic scholars regarding this matter. This research is a descriptive-qualitative study using the mauḍū'i hadith method with classical and contemporary approach and techniques of hadith criticism. The results of the study show that: (1) The quality of the hadith which is the object of naqd al-ḥadīṡ in this study is assessed as valid, both from the side of the chain (sanad) and the point of view (matan), because it has fulfilled the elements of hadith validity; (2) Regarding the law on the transfer of the function of waqf property, there are differences of opinion among the scholars. Shafi'i is of the opinion that waqf assets cannot be exchanged forever. According to Abu Hanifah, waqf property can be exchanged if the waqf property cannot be managed according to its purpose or because of public benefit and worship. Meanwhile, Ahmad bin Hambal considers that the prohibition on selling waqf property is only for waqf assets that can still be used for a need. As for waqf property that is old or almost unusable, it may be sold and the money bought for a replacement. Meanwhile, exchanging waqf assets for waqf is also permissible, apart from mosque waqf.

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Journal Info

Abbrev

birci

Publisher

Subject

Religion Arts Humanities Economics, Econometrics & Finance Social Sciences

Description

Budapest International Research and Critics Institute (BIRCI-Journal) : Humanities and Social Sciences is a peer-reviewed journal published in February, May, August and November by Budapest International Research and Critics University Journal (BIRCU-Journal). BIRCI welcomes research papers in ...