TRANSISI PRAKTEK HUKUM WAKAF MENJADI HUKUM JUAL BELI (STUDI PENGELOLAAN HARTA WAKAF DI TANAH DATAR SUMATERA BARAT)

Abstract

The rejection of the Shariah is the same as the denial of custom. That's what happened in Minangkabau, a region famous for its customary fanaticism and syarak which is reflected in philosophy; basandi syarak, basandi sharak. It was a shocking event when the Wakif was executed by the Wakef in connection with the process of administrative transfer on behalf of the wakaf's land after completion of the Wakaf administration. In Islam, wealth is not to be withdrawn because it is to transfer property to God. This research is a field research by collecting perimeter data in the form of interviews and secondary data from various literature or library studies. The results of the research showed that the practice of a conditional wakaf after the completion of the land administration process was contrary to Islamic law, both in relation to keeping people in mind of the origin of the wakaf's land, facilitating access to roads for the wakif to their home, and the last condition of paying a sum of money as a symbol of land liberation. This finding provides a record that the representative is sought for his sincerity when dealing, considering the limits of the object to be dealt with, and must distinguish between the deed of dealing and the dealing. Finally, the people of Minangkabau are to be wise in the implementation of the Shariah in accordance with customary regulations.