Tinjauan Hukum Terhadap Penjualan Tanah Wakaf Oleh Ahli Waris Di Tinjau Dari Undang - Undang Nomor 41 Tahun 2004 (Studi Kasus Di Desa Air Molek Kabupaten Indragiri Hulu

Sari, Lusi Wulan (2021) Tinjauan Hukum Terhadap Penjualan Tanah Wakaf Oleh Ahli Waris Di Tinjau Dari Undang - Undang Nomor 41 Tahun 2004 (Studi Kasus Di Desa Air Molek Kabupaten Indragiri Hulu. Other thesis, Universitas Islam Riau.

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Abstract

Waqf is a legal act of wakif to separate and or surrender part of his property to be used forever or for a certain period of time in accordance with his interests for the purposes of worship and or general welfare according to sharia. In Islamic law, waqf is to give up ownership of land that can be useful without reducing the object to be handed over to individuals or groups so that they are used for purposes that are not contrary to the Shari'a, for ever. Based on the background of the problem, the formulation of the problem that can be raised is How is the implementation of the sale of waqf land by heirs in terms of Law No. 41 of 2004 (Case Study in Air Molek Village, Indragiri Hulu Regency)? , What are the legal consequences of selling land by heirs based on Law No. 41 of 2004 (Case Study in Air Molek Village, Indragiri Hulu Regency)? The research method used is the Sociological research method, which is research that goes directly to the field. This research was conducted in Air Molek Village, Indragiri Hulu Regency. From this research, it can be seen that the law on selling waqf land in Air Molek Village, Indragiri Hulu District in terms of Law No. 41 of 2004 is not appropriate, because Article 40 of Law No. 41 of 2004 states that property that has been waqf is prohibited from being used as collateral. , confiscated, donated, sold, inherited, exchanged, multiplied in other forms of transfer of rights. The reasons for selling waqf land carried out in Air Molek Village, Indragiri Hulu District in terms of article 41 of Law No. 41 of 2004 are not appropriate, because when one of the heirs sells waqf land there is no permission to the mosque that the land has been waqf was sold, and the sale of the land was used for his personal interests. The settlement of waqf land disputes in Air Molek Village, Indragiri Hulu District has been resolved by buying the waqf land.

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