Penyalahgunaan Tanah Wakaf Perkumpulan Al-Wasliyah (Studi Kasus Kabupaten Deli Serdang)

Abstract

 In practice, wakaf (property donated for religious or community purposes) is not yet orderly and efficiently used that in several cases; the wakaf is not well maintained as it should be, neglected and illegally transferred to a third party. This occurred because the Nazhir (the manager) is not only negligent but also unable to manage and develop the wakaf besides the attitude of community who do not care or do not understand about the status of the wakaf which should be maintained and protected for public welfare in accordance with the purpose, function and allocation of the wakaf. The problems solved in this study were about the management and the forms of abuses occurred to the wakaf land belongs to Al-Washliyah Deli Serdang and the attempts done by Al-Washliyah Deli Serdang to save the wakaf land. The purpose of this normative juridical or doctrinal study was to analyze the law as written in the book or the decided by the judge through judicial process. The data for this study were based on secondary data emphasizing the theoretical- speculative steps and qualitative-normative analysis. When this wakaf land was submitted from T. Darwinsyah to Al-Washliyah in 1948, the management of Al- Washliyah wakaf land was still traditional. If someone in the community wanted to donate a part of his property for the religious or community purposes, he just fully entrusted his donated property to someone regarded as a community figure. At that time, many prominent figures of Al-Washliyah working as ustadz/ulama (Islamic teacher/scholar) were entrusted to become the nadzir (manager) of wakaf land, but their ability in managing the wakaf land was still minimal. The abuse of Al- Washliyah Deli Serdang's wakaf land occurred because the wakif (the donator of wakaf) took his wakaf (donated property) back as the reaction to the increasing scarcity of land, price of land, and the depletion of religious consciousness. In relation to the abuse of wakaf land in the milieu of Al-Washliyah, Deli Serdang District, several attempts have been done to save the wakaf land such as requesting the wakif, in a meeting, to return the wakaf land, yet, the wakif refused to return it and kept insisting that he wanted to take the wakaf land back. Due to the failure of this meeting, Al-Washliyah took this case to the court of law and sued the parties regarded to have abused the wakaf land through the District Court of Lubuk Pakam.