Indonesian Journal of Humanities and Social Sciences
Vol. 4 No. 3 (2023): Indonesian Journal of Humanities and Social Sciences, November, 2023

Discretionary Process Ruislag Waqf In The Settlement Of Waqf Land Cases In The Sidoarjo Mud Disaster Area

Ahmad Fathoni (Universitas Sunan Giri Surabaya)
Tri Marfianto (Universitas Sunan Giri Surabaya)



Article Info

Publish Date
30 Nov 2023

Abstract

This research aims to know the concept of waqf ruislag in positive law and Islamic law, the process of waqf ruislag in the Sidoarjo mud disaster area with all its problems, and know the concept of discretion as an alternative solution in solving its problems. From the results of the research conducted, it is known that waqf ruislag is indeed very complicated and the process is tiered. This situation is solely made by the government in order to keep waqf assets safe, not used by irresponsible nazhir individuals, but in natural disaster situations such as what happened in Sidoarjo, The complexity of the waqf ruislag process actually makes waqf land which by law has met the requirements for ruislag, difficult to do, so that until now, many waqf lands have not received the ruislag (change) process which causes the loss of benefits of waqf property as pledged by wakif, even though the purpose of waqf is that the benefits can be felt by the community. Therefore, discretion as a breakthrough process for Breaking through the regulatory deadlock needs to be done by authorized officials, although in this discretionary process care must be taken so that good intentions to carry out the task of serving the people result in lawsuits in the future.

Copyrights © 2023






Journal Info

Abbrev

IJHSS

Publisher

Subject

Religion Arts Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

Description

Indonesian Journal of Humanities and Social Sciences The Indonesian Journal of Humanities and Social Sciences is open access and peer-reviewed journal. The journal is a peer-reviewed, international, and interdisciplinary journal publishing research articles and significant contributions to social ...