Status Kepemilikan Tanah Wakaf (Studi Perbandingan UU No. 41 Tahun 2004, KHI dan Fikih Muamalah)

Waqf Land Ownership Status (Comparative Study of Law No. 41 of 2004, KHI and Jurisprudence of Muamalah)

Abstract

This research aims to: (1) understand the position of waqf (endowment) in Islam, (2) examine the legal foundation of waqf in Indonesia, and (3) compare the laws regarding ownership of waqf land in Law No. 41 of 2004, the Compilation of Islamic Law (Kompilasi Hukum Islam, KHI), and Islamic jurisprudence (fiqh muamalah). The research adopts a qualitative descriptive method through library research.The findings of the research are as follows: (1) Waqf in Islam involves setting aside wealth for public or religious purposes, seen as both a form of worship and a long-term investment with broad benefits for society and the waqif (endower) themselves. It is a form of dedication aimed at achieving goodness and piety. (2) In Indonesia, waqf is regulated by Law No. 41 of 2004 concerning Waqf and Government Regulation No. 42 of 2006 that implements this law. Additionally, waqf is governed by Book III of the Compilation of Islamic Law (KHI), comprising 15 articles that cover various legal aspects. (3) According to Law No. 41 of 2004, assets endowed as waqf no longer belong to the personal ownership of the waqif or any other party permanently or for a specific period; instead, they become the legal property of Allah (God). Similarly, according to the Compilation of Islamic Law (KHI), assets endowed as waqf are considered the property of Allah or the public after the declaration of waqf, with only their benefits earmarked for charitable purposes. In terms of fiqh muamalah, waqf removes the asset from the ownership of the waqif, transferring its ownership to Allah or the public upon the declaration of waqf, while the waqif retains rights only to its benefits.