Penukaran tanah wakaf masjid agung Semarang dalam perspektif fikih istibdal

Abstract

Substitution of waqf land is one of nazir (waqf fund manager) efforts to make waqf lands managed
more productive. Semarang Mosque Welfare Council (BKM), as nazir, has made three substitutions of
Semarang Grand Mosque waqf lands. Those three-time substitutions leaved problems causing to poor
results of the waqf lands managed. This study is aimed at finding out the substitution process of
Semarang Grand Mosque waqf lands and the pespective of Istibdal Fiqh on substitutions of Semarang
Grand Mosque waqf lands. This study is a case study. The data collection techniques are observation,
interview, and documentation. The interview is conducted to parties who know the substitution case
of Semarang Grand Mosque waqf lands. The data collected are analyzed descriptively. The results of this
study are: 1) the first substitution of Semarang Grand Mosque waqf lands, made with PT Sambirejo, is
not based on in-depth research especially on land replacement. The party invited to conduct the transaction,
Cipto Siswoyo from PT. Sambirejo, his testimony is categorized unacceptable due to fraud. 2) The
second substitution of Semarang Grand Mosque waqf lands, which is in the form of money to establish
Ma’had Aly, is less rocommended by fiqh scholars since the money value tends to decline, and is
prone to corrupt and abuse. Moreover, Ma’had Aly has not established yet during the substitution
process happened in 2008 to 2016. 3) The third substitution of Semarang Grand Mosque waqf lands
employs substitute money used to purchase substitute lands. This is considered appropriate and the
price of the substitute lands refers to the market price.