Prinsip Keluasan Syartul Waqif Dalam Membangunkan Tanah Wakaf Khas

Abstract

Waqf is an important instrument in the socio-economic institutions of Muslims today. In Malaysia, every matter related to waqf is under the State Islamic Religious Council (MAIN) as the sole trustee of waqf property. Waqf property is divided into two forms, namely general waqf and special waqf. Usually in a special waqf, the nazir waqf experiences limitations in developing the waqf property due to being bound by the conditions of the waqf (syartul waqif) Thus this study aims to study the concept of shartul waqif from the point of view of al-Quran, al-Sunnah and the opinions of jurists' and the law of developing special waqf property with development other than the original intention of the waqf. The methodology that has been used is library research by gathering data from books, articles, journals and theses related to waqif conditions. The result of the study is that there are three general principles of waqf conditions in developing a special waqf, namely the requirements determined by the government (qadhi), in line with Islamic Shari'a and aimed at maintaining waqf property for the benefit of the public.