Praktik Pencatatan Tanah Wakaf (Studi Kasus Pondok Pesantren Hidayatullah Balikpapan)

Abstract

This study aims to analyze the practice of waqf land recording at the Hidayatullah Islamic Boarding School in Balikpapan. Field findings reveal a dispute where heirs attempted to reclaim waqf land, considering it a gift rather than a waqf donation. This misunderstanding arose due to their lack of involvement in the waqf signing process by the wakif. This research employs field study methods, directly observing events at RT 27, Jalan Mulawarman, where the object of the study is located. Data were collected through classification and editing and analyzed using theoretical foundations, including the concept of waqf, its legal basis, principles, conditions, assets, allocation, duration, types, and procedures in Indonesia.The results indicate that disputes over waqf land stem from a lack of understanding about waqf among heirs and the absence of formal waqf documentation. A notable case occurred in 2018, where heirs sought to reclaim donated land. The study concludes that formal registration and certification of waqf land are essential to safeguard waqf assets against legal disputes. Contemporary Islamic law emphasizes the necessity of waqf recording to protect its integrity and ensure compliance with Sharia principles