ISTIBDAL WAQF ACCORDING TO IMAM IBN TAYMIYYAH AND IMAM AN- NAWAWI: A DEBATE ON THE SUBSTITUTION OF WAQF PROPERTY

Abstract

This article aims to explore the differences of opinion between Imam Ibn Taimiyah and Imam an-Nawawi on the legal status of waqf istibdal practice. The research method used is qualitative research with a tarjih analysis approach, which describes how the legal status of istibdal waqf by comparing two scholarly opinions, namely Imam Ibn Taimiyah and Imam an-Nawawi, then choosing which opinion is the strongest. The data sources used are secondary data sources, namely Kitab Majmu' Fatawa by Imam Ibn Taimiyah and Kitab Raudhatul Thalibin by Imam an-Nawawi, as well as books and articles based on OJS (Open Journal System). Data processing techniques are carried out by processing library materials (library research). Techniques in analyzing data analyzed by exploratory descriptive analysis using reduction, display, and verification techniques. The results of this study found that: first, Imam Ibn Taimiyah allowed the practice of istibal waqf by using the Hadith from 'Aisha ra, Hadith from Umar bin Khattab ra, Hadith from Abu Daud and atsar from the practice of waqf Ali bin Abi Talib to Hassan and Hussein, while Imam an-Nawawi prohibited the practice by using the Hadith from Ibn Umar. Secondly, the difference of opinion between the two Imams is rooted in differences in evidence and methods of istinbath. Ibn Taymiyyah based his view on maslahah or general benefit. Meanwhile, an-Nawawi uses the sad al-dzari'ah method, which aims to prevent potential losses or deviations from the original purpose of waqf. Third, after researchers analyzed both opinions and their arguments and methods, the opinion that is stronger and more relevant to be applied in society is the opinion of Imam Ibn Taimiyah.