Wakaf Property Taken by One Wakif's Family in The Perspective of Islamic Law and Law Number 41 Year 2004 about Wakaf (Case Study in Kertawangi Village Cisarua Sub-District West Bandung)

Abstract

Problems in the research is a case in the Village Kertawangi District Cisarua the act of taking over the back of wakaf property, especially a piece of land that has been ditwakafkan. However, one of his relatives, on the grounds that he did not know that the land was reproduced, was taken back by one of the wakif family. At first the land will be built a mosque. The land taken over by one of the family members is approximately 275 m2 in size, the land is proprietary. According to Islamic Law the representation has occurred instantaneously also with the wakif statement which is the consent, because the act of wakaf is seen as unilateral legal act. By law the positive implementation of waqf must be done with the pledge made in the presence of Official Pledge Deed Achievement (PPAIW) and two people Witnesses and must be made in the form of Deed of Wakaf Pledge, as mentioned in Article 17 of Law Number 41 Year 2004 About Waqf. The method used in this study is the normatife juridical method, namely by reviewing and testing secondary data related to the wakaf taken over by one of the wakif family. The authors examine issues perwakafan. The findings in research in Kertawangi village regarding the recall of wakaf done by the heirs is an act that harms many parties. The land that was originally intended to be built for worship and education facilities, because the location is very strategic then with the withdrawal of wakaf is finally moved to another place According to Islamic law (fiqih), reward wakaf will continue to flow for still used. That the heirs who withdraw the goods that have been in endowment then the law heirs Not follow in the footsteps of the prophets, the heirs have taken the right of Allah because the Treasures represented have transferred to Allah whose management submitted to nazhir Wakaf is a legal act that has long lived and implemented in Communities whose arrangements are not yet complete and are still scattered in various laws and regulations. In Government Regulation Number 28 Year 1977 about Owned Land Ownership stipulated that wakaf is mu'abbad (forever). According to Article 5 of Law no. 41 Year 2004 is Wakaf is a wakif legal action to separate and / or hand over some of his property to be used forever or for a certain period in accordance with his interests for the purposes of worship and / or general welfare according to sharia.