The Development of “Waqf” on the “Ulayat” Lands in West Sumatera, Indonesia

Abstract

The Article 3 of the Agrarian Laws consists of the regulation about one aspect of the most important communal rights related to the scope of life, namely the “ulayat” rights. These laws themselves, do not define the meaning of the “ulayat” lands. Therefore, the admission of the existence of the “ulayat” rights included in the Article 3 of the Agrarian Laws still considered as the ambivalent by the consideration of the policy board. The absence of the deep concepts on the “ulayat” lands in the agrarian laws, affected the establishment of the other regulation, in this case, called the “waqf” regulation. By the entire series of the “waqf” regulations, there are not Articles cite that the land object along with the “ulayat” right can pass into the “waqf” land. Therefore, it needed the study about the development of the “ulayat” institution of society in West Sumatera, that becomes the transformation and the interaction processes among the culture and tradition of Minang Kabau based on the Islamic aspects. Moreover, as the enthusiasm of the “waqf” development to become the social welfare. Therefore, the “waqf” and the “ulayat” lands in West Sumatera are the assets of the local communities to take care of them continually and expands the “waqf” properties to aim the future social welfare.