Ahmad Fauzan Azhima, Irsan Irsan, Aslati Aslati

Menjaga Keabadian atau Memenuhi Kebutuhan? Dilema Penjualan Aset Wakaf dalam Perspektif Fiqih

Introduction

Menjaga keabadian atau memenuhi kebutuhan? dilema penjualan aset wakaf dalam perspektif fiqih. Hadapi dilema penjualan aset wakaf demi operasional vs. prinsip keabadian. Perspektif fiqih melarang, namun implikasi tata kelola wakaf nasional menuntut ijtihād kolektif dan kolaborasi kuat antarlembaga.

Abstract

The productivity of waqf assets is crucial for ensuring their long-term benefits. However, many nazir face limited operational funds for maintenance and development. This situation raises a dilemma: can the partial sale of waqf assets for operational purposes be justified, while the principle of perpetuity in Islamic jurisprudence strictly prohibits the transfer of ownership except in cases of necessity? Previous studies have largely examined istibdal in the form of exchanging unproductive assets, leaving a research gap regarding the sale of waqf assets to sustain institutional operations. This study employs a library research method with a doctrinal legal research approach and comparative fiqh analysis, supplemented by a statutory approach to Indonesian waqf legislation. The data sources consist of classical fiqh texts from the four major schools of thought as well as contemporary literature on Indonesian waqf regulations. The analysis is framed within maqashid al-shariʿah and the principle of necessity. The findings indicate that the sale of waqf assets for operational purposes is fundamentally prohibited for three main reasons: (1) it contradicts the principle of perpetuity; (2) as long as the assets remain beneficial, their sale is impermissible according to the majority of jurists; and (3) alternative solutions exist without resorting to sale. Nevertheless, this issue is not only normative but also has significant implications for national waqf governance. Therefore, collective ijtihād and stronger collaboration between the Indonesian Waqf Board (BWI), the Indonesian Council of Ulama (MUI), and Islamic financial regulators are required to establish technical standards for istibdal.

Review

The article, "Menjaga Keabadian atau Memenuhi Kebutuhan? Dilema Penjualan Aset Wakaf dalam Perspektif Fiqih," addresses a critical and often challenging issue within Islamic endowments: the potential sale of waqf assets to fund institutional operations. It astutely identifies a significant research gap concerning this specific type of asset disposition, distinguishing it from the more commonly studied *istibdal* involving the exchange of unproductive assets. By framing the discussion around the need for operational funds versus the foundational principle of perpetuity, the study tackles a highly relevant dilemma faced by *nazir* (waqf managers) in ensuring the long-term productivity and impact of waqf while navigating limited operational funds. Employing a robust methodological approach, the research utilizes library research with a doctrinal legal analysis, comparative *fiqh* across the four major schools, and a statutory review of Indonesian waqf legislation. Data were drawn from classical *fiqh* texts and contemporary Indonesian regulations, with the analysis anchored in *maqashid al-shariʿah* and the principle of necessity. The findings unequivocally assert that the sale of waqf assets for operational purposes is fundamentally prohibited. This conclusion is supported by three compelling reasons: it contradicts the principle of perpetuity, it is impermissible as long as the assets remain beneficial according to the majority of jurists, and viable alternative solutions exist without resorting to sale, thus providing a strong normative stance on the issue. This study makes a valuable contribution by rigorously examining a practical challenge within waqf management that has received insufficient academic attention. Its clear articulation of the *fiqhi* prohibition, backed by sound reasoning, provides crucial guidance for *nazir* and policymakers. The article rightly emphasizes that this is not merely a normative issue but one with significant implications for national waqf governance. The call for collective *ijtihād* and stronger collaboration between key stakeholders like the Indonesian Waqf Board (BWI), the Indonesian Council of Ulama (MUI), and Islamic financial regulators to establish technical standards for *istibdal* is particularly pertinent, highlighting the need for dynamic, context-aware solutions to ensure both adherence to *shari'ah* principles and the practical sustainability of waqf institutions.

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