Tinjauan Hukum Perwakafan dan Masalhah Mursalah Pada Pelaksanaan Tugas Nazhir (Studi Kasus Tanah Wakaf Kuburan Muslimin Raudhatul Muttaqien

Abstract

This study aims to analyze the management of waqf assets at the Muslimin Raudhatul Muttaqien Cemetery complex from the perspectives of Indonesian positive law and Islamic law through the maṣlaḥah mursalah approach. The research focuses on the administrative practices, management, and protection of waqf property by the nazhir. A qualitative method with a normative-empirical approach was employed, involving document studies, in-depth interviews with the nazhir, and direct field observations. The findings indicate that, firstly, the administration of waqf assets through land certification by the nazhir represents a form of maṣlaḥah darūriyyah consistent with the principle of ḥifẓ al-māl in maqāṣid al-syarī‘ah. This action provides legal protection and prevents ownership conflicts over waqf land. Secondly, the policy of restricting waqf beneficiaries solely to members of the Rukun Kematian (RKM) and allowing the installation of permanent tombstones potentially deviates from the principles of universality and non-ownership in waqf. Such policies do not fully reflect maṣlaḥah ḥaqīqiyyah as they may lead to perceptions of individual ownership, thereby conflicting with both positive law and maqāṣid al-syarī‘ah. Therefore, efforts in regulation and education are necessary to ensure that waqf asset management aligns with its intended purposes and brings sustainable public benefits