How To Waqf Land For Mosques According To Religion And Procedures In Indonesia

How to waqf land for a mosque (freepik)

YOGYAKARTA - By donated land, we not only help build places of worship, but also ensure the sustainability of religious activities in the future. So how to waqf land for mosques?

However, not a few people are still doubtful or do not understand the procedures for land waqf. This article will review in full the steps that need to be taken to waive land for the construction of mosques.

Reporting from the Unpar page, in language, 'waq' refers to the action of holding back or stopping. In the Shari'a term, waqf is defined as an attempt to hold back a treasure to be used for the sake of public benefit.

Thus, waqf assets should not be traded or transferred to their holdings, but the benefits can be enjoyed continuously.

Then the main goal of waqf is to get closer to Allah SWT and provide benefits to the wider community.

The scholars themselves have diverse views on the meaning of waqf. Imam Abu Hanifah views waqf as an act of restraining wealth for use of its benefits, but remains in the ownership of the wakif.

On the other hand, Imam Syafi'i and Ahmad bin Hambali argue that wakif will give up ownership of the assets donated after the waqf process is complete.

Meanwhile, Imam Malik placed waqf between the two views, where waqf assets were free from various transactions but the benefits were used for good.

The concept of waqf has been firmly embedded in Islamic teachings since the time of the Prophet SAW. The roots of waqf law can be traced in the Qur'an, where the word "waq" appears in several surahs such as Al-An'am, Saba, and Al-Saffat.

Ethimologically, the word "waq" has various meanings, including "stopping", "detaining", or "respecting".

The meanings of these waqf then develop in the context of fiqh into a legal action involving the transfer of ownership of an asset for the purpose of worship and public benefit.

Before continuing, also read articles that discuss Understanding 3 Last Prayers and Examples of the Prophet SAW

The concept of harmony in the fiqh refers to elements that perfect an act of worship. In the context of waqf, harmony serves as a foundation that makes waqf actions legal. Summarized from the same source, the four waqf pillars that must be fulfilled are as follows:

Reporting from the website of the Indonesian Waqf Board, to carry out a person's land waqf (wakif) or deputy must follow the following procedures:

Preparing valid land ownership documents and dispute-free certificates. Complete identities of wakif, Nazhir, and two witnesses must be attached.

Wakif officially stated his intention to donate land before the Head of the Office of Religious Affairs (KUA). This statement was witnessed by two witnesses and recorded in the deed of waqf pledge.

The Head of KUA will issue a deed of pledge of waqf of seven which will then be distributed to various related parties, including the Waqf Management Agency (Indonesian Waqf Agency).

Both the deed of waqf and Nazhir pledges must be officially registered with the Indonesian Waqf Board. In addition, the registration of waqf land is also carried out at the local land office for land administration purposes.

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