Penggunaan komsep istibdal bagi penyelesaian pencerobohan tanah wakaf berbentuk penempatan di negeri Perak

Abstract

Perak Malay Customs and Islamic Religious Council (MAIPk) is the sole trustee responsible for managing almost 2817 lots of waqf lands (endowment) with the total area of approximately 6,341.5069 hectares (15,670.2060 acres) across the State of Perak. Waqf land is also prone to unlawful occupation by the third party that will affect the original intent of the endowment (waqif) and as a result will also affect its benefits towards other Muslims. Therefore, this study was undertaken to identify the nature and source of unlawful occupation of waqf land and to determine level of respondent understanding about unlawful occupations of waqf land and lastly to investigate the use of Istibdal concept as a solution to prevent unlawful occupations on waqf land in State of Perak. This study was conducted on respondents from MAIPk, Office of the Director of Lands and Mines Perak and District and Land Office throughout the distribution of questionnaire and also interviews. The study has found that unlawful occupation in the form of placement are more frequent to happen on waqf land and are more difficult to handle compare to other form of land encroachment. In addition, this study has found out that the use of Istibdal concept to treat the encroachment of waqf land in form of placement can be implemented with close cooperation between MAIPK, Office of the Director of Lands and Mines Perak and District and Land Office. The results of this study could be use for improving execution of the Istibdal concept to prevent encroachment on waqf land in the future.