Inovative Istibdal on Development of Endowed (Waqf) Land A Study on Issues of Acquisition of Endowed Land by the State Authorities

Abstract

Waqf land acquisition by force is a part of the current jurisprudence law is founded on the concept of “ijtihadiyyah Maslahah 'Ammah” and Istibdal mechanism found in Islamic waqf law. This thing is not expressed in a clear and detailed ruling by Islamic jurists in their writing. But studies from the perspective of Islamic law must be seen to identify and explain the law of waqf land acquisition by the government especially in relation to the acquisition of land by private endowment for the purpose of economic development. Writing this a try to see how far implementation of land acquisition by the State based on the Land Acquisition Act 1960 to meet and consistent with Islamic law. Some suggestions towards Islamize this act has been produced to improve by taking the principles and methods used in the Islamic Shari'a that all development can be implemented in a more dynamic and comprehensive line with the current needs of today.