Efektivitas Pemanfaatan Tanah Wakaf Produktif Berdasarkan Hukum Islam Dan Undang-Undang Nomor 41 Tahun 2004

Abstract

This study examines the problems of utilizing waqf land covering an area of ​​approximately 94,411 m2 in Parit Deraman, Punggur Kecil Village. A small portion of this land (approximately 26 m2) has been used for a Surau (prayer hall) as a place of worship, Quranic study, and religious activities. However, the remaining large area (planted with coconuts, langsat, and empty land) has not been optimally utilized. The main problem is the traditional view of the community that waqf land can only be used for worship according to a verbal pledge and cannot be used for any benefit (for example, the fruit of the trees on it cannot be consumed). This limited understanding hinders the productive use of the land. This condition is exacerbated by the community's lack of understanding regarding the law and how to utilize waqf land for more productive activities. The results of this study have three consensuses, First, the Implementation of Productive Waqf Land Management: In general, management has been carried out productively (in accordance with Law No. 41 of 2004 Chapter V), but has not fully complied with sharia principles due to the problem of transparency in the distribution of results and the lack of relationship between nazhir (waqf managers) and the Indonesian Waqf Board (BWI). Second, this study found obstacles, namely the narrow understanding of the community about waqf and the problem of non-transparent distribution of results. Third, the use of waqf land for productive activities is supported by Islamic Law (Qur'anic arguments such as Surah Ali Imran verse 92 and An-Nahl verse 97, hadith, and the opinions of four schools of thought) and Law Number 41 of 2004 concerning the Management and Development of Waqf Assets