The Change of Wakaf Land Allotment from Initial Purpose, in Bungursari District of Purwakarta Regency Based on Islamic Law and Law Number 41 of 2004 on Wakaf

Abstract

The problem that often arises with regard to wakaf is wakaf owned land use change. For example, a wakif donating land to the madrassa, but because in these places there are children who are studying in the madrassa, Nazhir transform function into a mosque or vice versa. No exception of wakaf land in Sub Bungursari in connection with the times turned out to be a lot of assets wakaf land that turned into strategic places to try. Article 1 point (1) of Law Number 41 Year 2004 on Wakaf, defines Wakaf is a legal act wakif to separate and/or hand over part of their wealth either permanently or for a specified period in accordance with their interests for purposes of worship and/or welfare public according to Shari'a. The study says that the wakaf land changes can be carried out due to obvious reasons It must go through the procedure in accordance with the legislation in force. In explanation of Act No. 41 of 2004 Article 41 paragraph (1), "The provisions referred to in Article 40 letter f (exchanged) are exempted when property wakaf that have been made wakaf used for public purposes in accordance with the general plan layout (RUTR) based provisions of the legislation in force and does not conflict with sharia. “ and paragraph (2)," Implementation of the provisions referred to in paragraph (1) may only be made after obtaining written permission from the Minister with the approval of Wakaf Board Indonesia. "However, the results of research, what is done by Nazhir only by agreement between the parties only. With the revision of the designation of wakaf of the mosque and madrasa turned into the center of souvenirs. This was done because seeing the benefit in terms of more than previously.