Arah Pembaruan Hukum Wakaf Indonesia

Abstract

This paper describes the various methods and trends of waqf legal reform in Indonesia based on Law No. 41 Year 2004. With this law, it is known that the waqf law in Indonesia is not just rely on one opinion of the imam madzhab alone but take the opinion from some imam madzhab adapted to the situation and condition of Indonesian society. The variety of methods of waqf legal reform in Indonesia are such as takhsis al - qada, tahyīr, talfīq, and siyasah shar'iyyah. The trends of waqf legal reform in Indonesia lead toward a more comprehensive, of understanding the law, the development of a more integrative governance of waqf, and an increase of capacity building of stronger waqf institution. With the methods and trends of waqf legal reform, the efforts to create social welfare in Indonesia are possible to be realized.