Proses Pembebasan Lahan Aset Wakaf pada Proyek Jalan Tol dalam Perspektif Fiqh Empat Mazhab dan Hukum Positif (Studi Kasus Aset Wakaf pada Desa Bedali Kec. Lawang Kabupaten Malang)

The purpose of this study was to determine in broad outline the process of land acquisition for waqf assets along with the impact that occurred on the land acquisition on the lens of the four schools of law and the existing positive laws. In detail, the sub-chapters discuss the analysis of Islamic law perspectives which are in the fiqh perspective and positive legal perspective. This research uses a qualitative descriptive approach. This research is a study that describes the point of view of a situation or existing phenomenon. The data used are primary and secondary data. Primary data obtained from interviews, observations and documentation. And secondary data indirectly obtained from archives, documents and other important data obtained in accordance with existing problems. Existing research data through legislation and a series of AIW (Deed Pledge Endowment). The analysis technique uses descriptive qualitative data. namely in the form of data analysis and documents obtained during interviews, observations and documentation in the form of documents related to the Waqf Pledge Deed and analyze them using fiqh glasses of four schools and positive law according to the theme discussed. The results of the study have been achieved as follows: First, from the acquisition of waqf land assets are inseparable from the discussion of residents. Secondly, the deliberation of the residents was carried out by deliberation as well as consensus. Then, from the impact of the process of land acquisition waqf assets to the community in order to give full attention to avoid unrest related to the development project. Third, in the perspective of Islamic law and positive law, there is a comparison between the two. In the viewpoint of Islamic Law there are differences of opinion among the jurists and looking at it in terms of aqeedah. In the eyes of the Positive Law which has governed Land Procurement for development in the public interest and not only discuss from the theory alone