Ruislag Tanah Wakaf Masjid An-Nur Jenggot: Analisis Fiqh, Regulasi, dan Tata Kelola Kelembagaan

Abstract

Waqf is a Sharia instrument aimed at safeguarding the public interest through the sustainable utilization of assets. However, the practice of waqf management at the local level is often hindered by deviations from fiqh principles or statutory regulations. This study examines the case of the ruislag of a waqf land designated for the An-Nur Jenggot Mosque in Tangerang Regency, which was carried out without proper procedures, thereby creating dilemmas regarding fiqh, regulations, and institutional frameworks. The research method employs a descriptive-analytical qualitative approach combined with normative-empirical elements, through an inter-school analysis of classical fiqh (Shafi‘i, Maliki, Hanafi, Hanbali), Indonesian waqf regulations (Law No. 41 of 2004, Government Regulation No. 25 of 2018, Ministerial Regulation No. 73 of 2013), as well as interviews with relevant parties, with the analysis emphasizing the principle of baqā’ al-‘ayn (the permanence of the waqf’s substance), maqāṣid al-waqf, and the institutional governance of the nadzir, DKM, and BWI. The research findings indicate that the majority of fuqahā reject the sale of waqf except in emergency situations, provided there is an equivalent replacement; meanwhile, Indonesian positive law explicitly prohibits ruislag without the Minister’s permission and a recommendation from the BWI. The ruislag practice at the An-Nur Jenggot Mosque was carried out without a compelling public interest, without equivalent value (Rp 5 billion vs. Rp 2 billion), and without competent nazhirs and DKM administrators; thus, it reflects weak institutional governance, fosters public distrust, diminishes the economic value of the waqf, and undermines the institutional legitimacy of the waqf at the local level. In conclusion, this case constitutes a violation of fiqh, regulations, and institutional governance; therefore, this study underscores the need to strengthen the competency-based roles of the nazhir and the DKM, as well as BWI oversight, so that waqf remains a sustainable instrument for the public interest in accordance with the maqasid al-shariah and Indonesian positive law