Spoken Pledge of Wakaf Land at Stake by One Heirs Based on Islamic Law and Law Number 41 of 2004 (a Case Study on Islamic Education Foundation (YPI) Al-Khairiyah in Sukabumi)

Abstract

One form of community participation in the development of education in Indonesia is quite prominent is the establishment of various Islamic schools, or better known as Madrasah. Many among the Muslims, especially those who have an awareness of the importance of religious values in the life of this world are more advanced or those who have excess windfall to give some of their property in the form wakaf. Wakaf in Islamic law is one of the important spare parts to in use as a means of distribution and official legitimate of Allah grants in order to realize welfare of mankind. This study uses research through normative juridical method through library research by collecting data from books, Al-Qur`an, Al-Hadith and the legislation that is closely related to the issues discussed, while the source of the data obtained from the material Primary Law, secondary by means of interviews with the nadzir and experts Waris H. Aprami Rifa'I through the study of the documentation and methods of qualitative survey research type field (field research). Pledge were watched by two witnesses is valid according to Islamic law, but according to Law Number 41 Year 2004 on Wakaf, that pledge wakaf is the foundation made the Deed of Pledge Wakaf as the foundation made the Certificate of Wakaf, as stipulated in Article 32 of Law No. 41 Year 2004 on Wakaf. the case of Yayasan Al-Khairiyah that wakaf be in writing, it is not enough just to pledge verbally without written evidence it can trigger the dispute that led to the problem.