Muqaranah
Vol 7 No 2 (2023): Muqaranah

Kepemilikan Benda Wakaf dan Akibat Hukumnya: Kajian Pendapat Ulama Mazhab

Hidayat, Rahmat (Unknown)



Article Info

Publish Date
26 Dec 2023

Abstract

This article explained the differences of scholarly opinion regarding the ownership of waqf objects and their legal consequences. Where the object that has been entrusted is disputed by the scholars of the madhab its ownership status, it is still in the hands of the wakif or has moved to another party. The research method used library research and normative legal research with data collected from sunny school jurisprudence books and related books and articles. The data were analyzed comparatively. The results showed that Hanafi and Maliki scholars argued that the waqf object still belonged to the wakif, but the difference was if Hanafiyah allowed the wakif to withdraw the object that had been waqf, while Malikiyah did not allow it until the waqf period expired. Shafi'iyah and Hanabilah scholars argue that the object of waqf has come out of the ownership of the wakif to belong to Allah. The legal implication is that scholars differ in opinion about the istibdal waqf as a continuation of their differences in determining the owner of the waqf object. In addition, they also differ on term endowments, which of the four sunny schools, only Malikiyah allows it. Keywords: Istibdal; Possession; Scholars of the madhab; Waqf.

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Journal Info

Abbrev

muqaranah

Publisher

Subject

Religion Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Muqaranah adalah jurnal yang diterbitkan oleh Prodi Perbandingan Mazhab Universitas Islam Negeri Raden Fatah Palembang dengan ISSN 2809-3658 dan E-ISSN 2809-4832. Muqaranah terbit dua kali dalam setahun yaitu pada  Juni dan Desember. Jurnal ini menerbitkan konsep dan makalah penelitian terkini ...