THE CONCEPT OF MASLAHAH IN MAINTAINING THE EXISTENCE OF INDIVIDUAL NAZHIR AS AN AUTHENTICATION OF INDONESIAN WAQF FROM THE MAQASHID SHARIAH PERSPECTIVE

Abstract

The primary objective of Islamic law is to realize the welfare of all. The state, as the holder of leadership authority, is obligated to create welfare for all its people based on the Qur'an and Hadith. Therefore, the implementation of Islamic law aims to benefit humanity as a path to happiness in life. In the context of waqf, a nazhir is the party entrusted with managing and developing waqf assets in accordance with sharia principles. The potential for waqf in Indonesia is enormous, both in the form of immovable assets such as land and movable assets such as money. However, optimizing waqf management still faces challenges in terms of the capacity, professionalism, and governance of the nazhir. This research uses a normative juridical approach by examining laws and regulations, Islamic legal literature, and the principles of maqasid sharia to understand the application of the maslahah concept in waqf management in Indonesia. The results of the study indicate that the application of the maslahah concept emphasizes that waqf assets must be managed for the greatest benefit of the community. This is where the strategic role of the nazhir becomes crucial, not only as an administrative manager but also as a driver of social welfare through education, health, and economic empowerment. The presence of a competent, trustworthy, and professional nazhir is a key requirement for achieving the goals of a productive and effective waqf. Therefore, strengthening the capacity, legality, and guidance of nazhir are crucial aspects of the national waqf legal system. Traditional waqf in Indonesia reflects a unique form of generosity that must be preserved and developed within the Islamic philanthropic system.