REKONSTRUKSI KEPEMILIKAN ASET WAKAF DAN KEWENANGAN NĀẒIR DI ERA WAKAF PRODUKTIF: STUDI KOMPARATIF JUMHUR ULAMA DAN MAZHAB HANAFI SERTA RELEVANSINYA TERHADAP TATA KELOLA WAKAF DI INDONESIA

Abstract

This study examines ownership of waqf assets and the limits of nāẓir authority to develop a governance framework for productive waqf in Indonesia. It employs normative legal research combining statutory, conceptual, and comparative jurisprudential approaches with a functional comparison of official Malaysian and Singaporean documentation. The analysis distinguishes Abū Ḥanīfah from Abū Yūsuf and Muḥammad al-Shaybānī and recognises differences among non-Hanafi schools. Indonesian waqf law cannot be attributed exclusively to one school. Restrictions on revocation and asset transfer reflect a binding endowment framework, while recognition of specified durations and productive management accommodates several jurisprudential choices. Menara Imarah Wakaf MAIWP and Wakaf Bencoolen illustrate institutional arrangements separating trusteeship from commercial management; they do not establish a causal relationship between doctrinal affiliation and success. The proposed framework combines dedicated asset status with productive trusteeship through asset segregation, an authority matrix, risk controls, and reporting on benefits. Changes in designated use and asset substitution remain subject to applicable approval procedures. As a document-based study, the research does not empirically test the effectiveness of the proposed framework.