The Withdrawal of Waqf Assets v1 in Religious Court Decision Number 1755/Pdt.G/2021/Pa.Sda v2 According to the Hanafi and Syafi'i Schools

Abstract

Waqf withdrawal is one of many cases of real-life waqf disputes, including the transfer of waqf functions, abandoned waqf, and so on. Many factors cause waqf disputes, such as what happened in the Religious Court Decision Number 1755/Pdt.G/2021/Pa.Sda, where a waqf withdraws the property that has been waqf because the nazir uses the waqf property in a way that does not follow the agreed waqf pledge. The comparison of opinions between the madhhab of Imam Shafi'i and Imam Abu Hanifah regarding the law of waqf withdrawal is also debated. The research was conducted to understand the positive law in Indonesia regarding the withdrawal of waqf, focusing on the mechanism of waqf withdrawal and the views of the two madzhabs. This study uses a normative juridical approach and descriptive legislation, with secondary data from literature studies. The results of the study show that the withdrawal of waqf by the waqf in its lawsuit in the Supreme Court Decision Number 1755/Pdt.G/2021/Pa. Sda was approved because the nadzir had violated the waqf pledge following Article 45 Paragraph 1 of Government Regulation of the Republic of Indonesia Number 42 of 2006 concerning the Implementation of Law. No. 41 of 2004 concerning Waqf. Imam Shafi'i and Imam Abu Hanifah have different views on waqf, with Imam Shafi'i considering waqf as the liberation of property from waqf ownership and Imam Abu Hanifah interpreting it as the detention of property for the benefit of righteous charity.