ANALISIS KOMPARATIF TERHADAP PERUBAHAN STATUS HARTA WAKAF

DALAM PERSPEKTIF IMAM SYAFI’I DAN HANAFI

Abstract

Waqf is the release of the property that is represented from the owner
by withholding his principal treasures and giving charity for the sake
of social interest for the common good. In changing the status of waqf
property, the turn of the object and the purpose of the waqf are very
strict in Syafi'i's Imam, however, on the basis of an emergency and the
principle of maslahat, among jurists like Imam Hanafi, the change can
be made, So that the benefits of endowments that continue to continue
as shadaqoh fingers, not mubadzir because it is damaged, does not
work anymore and so forth. With that change, the status of the object
as a waqf property is essentially undamaged.
This research is basically aimed to know the view of Imam Syafi'i and
Imam Hanafi regarding the change of wakaf's property status, it
can be understood that regarding the change of wakaf wealth status
according to Imam Syafi'i it is said that the wakaf property that is
not working anymore still can not be sold, Exchanged, replaced and
transferred, except in a state of necessity the wakaf property can be
exchanged or sold. Whereas Madzhab Hanafi is of the opinion that the
waqf objects that have been or are not functioning anymore which
is no longer in accordance with the allocation, it may sell, change,
replace or move the wakaf objects, in order to function or bring
maslahat in accordance with the purpose of waqf, or to obtain more
maslahat Great for the public interest, especially the Muslims.