Fatwa Lajnah Bahtsul Masail NU Concerning Istibdâl Wakaf and Their Relevance with Renewal of Islamic Law

Abstract

This article aims to describe the views and arguments of NU scholars in responding to the concept of istibdâl waqf through the fatwas issued by Lajnah Bahtsul Masail (LBM-NU), and their relevance to Islamic law reform. The concept of istibdâl is basically one way that can be used by policy makers in managing waqf land so that it remains productive. However, the concept of istibdâl has not been fully accepted by scholars. In general, the responses of scholars regarding the concept of istibdâl can be grouped into two. The first group strictly prohibits istibdâl, and the second group allows istibdâl but with strict conditions. The difference is more due to the tendency of the principle that is the weight, namely the principle of eternity (ta'bid al-ashl) and the principle of expediency (tasbîl al-manfa'ah). This research is a normative legal research because it examines the legal provisions, arguments and arguments used. The approach used is a conceptual approach. Primary data sources are fatwa texts issued by NU scholars, while secondary data sources are scientific books, articles, journals, laws related to this research. This study shows that NU scholars allow the practice of istibdâl with agreed terms, namely the existence of disadvantages contained in the waqf object so that the waqf property is in an emergency condition that must be saved. The argument is that the

Copyright as a Waqf Object in the Context of Fiqh and Positive Law

“…Such property may be considered illegal possession, abduction, theft or destruction. 36 On the other hand, IPRs waqf, including the copyright waqf, according to Oni Sahron, is permissible regardless of whether the waqf covers both the right and the benefits or the benefits only, provided that the right is valid and legal, as in copyrights on songs, films, books and other contents that do not conflict with Sharia principles and laws and regulations. 37 These IPRs include brands, addresses and trademarks, copyrights, patents, industrial design rights, integrated layout rights, trade secrets, integrated circuit rights, plant breeders and other rights.…”