Wakaf Irsod di Negeri Terengganu: Satu Kajian Perbandingan antara Hukum Syarak dan Pelaksanaannya

Abstract

Irsod waqf is a type of waqf that is mentioned in fiqh (Islamic jurisprudence). Its existence has not been discussed much academically compared to other types of waqf, such as family waqf, cash waqf, muaqqat waqf etc. This study explores the position of irsod waqf by examining several aspects, such as the debate about Islamic law and its implementation procedures. It focuses only on the implementation of irsod waqf in Terengganu because its policies and legislative provisions are found in the Waqf Enactment Terengganu 2016. This study uses qualitative methods. The research technique uses content analysis. Findings show that there are three important elements in the relationship between Islamic law and its implementation by Majlis Agama Islam dan Adat Melayu Terengganu (MAIDAM), which are the possession of property, purpose of the waqf and the method for implementing the waqf. The three elements have a significant relationship, whereby its position is consistent with fiqh and contemporary legislation, namely the National Land Code 1965 Act 56. Findings of this study have contributed to the MAIDAM, in the form of a reference or guide when implementing improvements to waqf proceedings. In addition, it has created opportunities for further in-depth studies.