An Analysis of Waqf Hadiths in Sahih Al-Bukhari Per Fiqh Al-Bukhari Perspective

Waqf issues have been widely discussed in various kitabs of traditional fiqh turath and contemporary fiqh mu’asarah. Both are common sources of references for waqf scholars and researchers. Waqf discussions are commonly focused on its fiqh i definitions, evidences, scope and flexibility in implementation and further development of waqf in contemporary situations. A less uncommon focus of waqf discourse is on major fiqh al-hadith collections that inform the waqf rulings and their significant contributions in guiding and clarifying waqf matters. Imam al-Bukhari`s Sahih al-Bukhari is a magnum opus of hadiths collections that have been oftentimes referred in waqf discourse. Imam al-Bukhari`s al-Jami’ al -Sahih al-Musnad min Hadithi Rasulullah wa Sunanih wa Ayyamih, or al-Jami’ al -Sahih, or commonly known as Sahih al-Bukhari is evident of his fiqh ijtihad that transcends his lifetime until the present . Through the sahih, Imam al-Bukhari expounded his profound understanding of fiqh in various chapters of the kitab . The Sahih al-Bukhari is renowned for its scholarly and authentic hadith collections. It is a compendium of fiqh al-hadith collated through scientific and stringent analyses of many genuine or sahih hadiths and their sources. It illustrates deep understanding of hadiths and fiqh knowledge known as fiqh al-Bukhari .


Introduction
The existence of waqf is not stated explicitly by using the term waqf itself in the holy book al-Qur'an but there are some marks from the al-Qur'an that encourage people to improve the welfare of society by donating properties (Yaakob et al., 2017). Every individual who performs waqf sincerely will be rewarded continuously by Allah. There are points from al-Quran that describe waqf; "The example of those who spend their wealth in the way of Allah is like a seed [of grain] which grows seven spikes; in each spike is a hundred grains. And Allah

multiplies [His reward] for whom He wills. And Allah is all-Encompassing and knowing." (Al-Qur'an 2:261) "And if someone is in hardship, then [let there be] postponement until [a time of] ease. But if you give [from your right as] charity, then it is better for you, if you
only knew." (Al-Qur'an 2:280) "Never will you attain the good [reward] until you spend [in the way of Allah from that which you love. And whatever you spend -indeed, Allah is knowing of it." (Al-Qur'an 3:92).
All the verses in the al-Quran reflect indirectly to waqf (Yaakob et al., 2016). Arguments of waqf in the hadith can be found abundantly in books of hadith, however, in the chapter of fiqh (Islamic jurisprudence) of the books, the argument for waqf is focused on hadith related to waqf land of Umar in Khaybar and Abu Talhah's dates farm and Bayruha' well (Yaakob et al., 2017). The hadiths regarding waqf in al-Kutub al-Sittah (Sahih al-Bukhari, Sahih Musim, Sunan Abu Dawud, Sunan Al-Tirmidhi, Sunan Al-Nasa'i and Sunan Ibn Majah) there are 36 texts of hadiths (Suliaman & Yaakob, 2019). The objective of this study is to: 1. Analyzing the waqf hadith in Sahih al-Bukhari 2. Identifying the perspective of discussion of hadith waqf in sahih al-Bukhari 3. Confirming the validity of the waqf hadith discussion based on the waqf hadith in the sahih al-Bukhari

Introduction to Fiqh Al-Bukhari
Fiqh discourses are often based on specific fiqh kitabs that relate to the issues concerned.
Fiqh al-Bukhari as in the Sahih al-Bukhari is seldom used as the main kitab to discuss fiqh issues. It may be attributed to a rather daunting task to quickly select relevant hadiths from the voluminous Sahih al-Bukhari. Nevertheless, the sahih`s fiqh al-Bukhari remains a major and genuine hadiths for solutions to fiqh issues.
The term fiqh al-Bukhari is derived from scholars` views that fiqh al-Bukhari is contained in the tarjamah bab volume in the sahih al-Bukhari (Al-'Asqalani, 2000). A distinguishing feature of fiqh al-Bukhari is that its discussion of fiqh matters are implicitly or subtly done in its tarjamah bab. Unlike many other kitabs that organised content of their fiqh discussion according to fiqh issues in question. To draw the fiqh rulings from the tarjamah bab of fiqh al-Bukhari, detailed analysis of the fiqh elements are required (Noor, 2013).
In addition to being a great muhaddith, Imam al-Bukhari has also authored many other great kitabs such as Qadaya al-Sahabah wa al- Tabi'in, al-Tarikh al-Kabir, al-Tarikh al-Awsat, al-Tarikh al-Saghir, al-Jami' al-Kabir, al-Tafsir al-Kabir, Birr al-Walidain, Kitab al-Du'afa' dan al-Musnad al-Sahih. Many ulamas of his time had given him due recognition and acknowledgement of his distinguished fiqh scholarship. Being accorded such great respect by his peers is evident of his great scholarship. Such recognition and acknowledgement by his peer are significant, for they were true witnesses of his scholarship (Noor, 2013).
Among the great scholars who acknowledged Imam al Bukhari excellent knowledge was Imam Ahmad bin Hanbal who stated that Imam al Bukhari was a truly a great alim of fiqh for the ummah ( There were among them, who regarded the knowledge of Imam al-Bukhari had even superseded that of his teachers Ahmad bin Hanbal, Ishaq bin Rahawayh, and Ishaq bin Rahaway. This was affirmed when Ishaq bin Rahaway, himself admitted that Imam al-Bukhari fiqh scholarship exceeded his. There were also many ulamas who regarded Imam al-Bukhari fiqhi scholarship as at par with that of Imam Malik. These evidently indicated the significance and excellence of Imam al-Bukhari fiqh knowledge (Noor, 2013).

Waqf-Related Hadiths in Sahih Al-Bukhari
Imam al-Bukhari brilliant scholarship is evident in his unique compilation of hadiths under specific topics in his sahih, known as Tarajim al-Bukhari (Abu Shahbah, n.d). However, Imam al-Bukhari had not fixed a specific volume on waqf. Instead, waqf-related hadiths according to his ijtihad, are found in various bab or chapters throughout the sahih. Nevertheless, in those chapters, Imam al-Bukhari had named certain sections that are related to waqf. According to Ibn Hajar al-'Asqalani, Imam al-Bukhari purposely place his section on waqf in sahih`s Kitab al-Shurut (conditions) to explain the waqf conditions. He deemed it approprite to discuss the waqf matters and conditions in the Kitab al-Shurut (Al-'Asqalani, 200).
As aforementioned, not all waqf issues are specifically discussed in the Sahih al-Bukhari under themes like al-Waqf atau al-Ahbas . The waqf hadiths are instead spread out in various places in the chapters of the kitab. It requires detailed analysis to identify waqf hadiths, such as their matn, especially hadiths under al-Waqf atau al-Ahbas. From the collection of hadiths, a group of hadith was included in a chapter entitled "Bab al-Shurut fi al-Waqf (Conditions of Waqf)" in the "Kitab Al-Shurut (Conditions and Terms)". Another sub-group of waqf hadith is included in a chapter named "Bab al-Wakalah fi al-Waqf wa Nafaqatihi wa an Yut'ima Sadiqan Lahu wa Ya'kulu bi al-Ma'ruf (chapters on agency in waqf, provision, and appointing agent for charity ) ; while 13 more hadith groups are included in various chapters in Kitab Al-Wisoya (Will).

Analysis of Waqf-Related Hadiths in Sahih Al-Bukhari
The sahih`s 15 texts on waqf hadiths evidently indicated the significance of waqf according to fiqh al-Bukhari. Although there is no specific volume on waqf, the fiqh al-Bukhari waqf exposition is evidently comprehensive and in-depth in chapters related to waqf.
The Sahih al-Bukhari, three waqf-related chapters of Kitab Al-Shurut (Conditions), Kitab Al-Wakalah (Representation), Kitab Al-Wisoya (Wills) contain discussions on three major aspects such as conditions for waqf, waqf trustees e.g nazir or mutawalli; while, waqf status are included in matters concerning wills to indicate certain equity between waqf and wills management. Table 2 Cross-references of hadith texts related to waqf in al-Kutub al-Sittah

Cross References in al-Kutub al-Sittah
same waqf matters. This also indirectly support the authenticity of hadiths in Sahih al-Bukhari dan Sahih Muslim, for hadiths in these two kitabs are regarded as authentic by other hadiths scholars that merit inclusion in their own kitabs.
The various locations of the waqf hadiths in his Sahih al-Bukhari, indicated Imam al-Bukhari profound understanding and applications of waqf in its various contexts. This approach is significantly different from that of other scholars that discuss waqf issues under specific chapters. Imam al Bukhari prefers to discuss waqf issues in three different kitabs. This is to indicate interrelationship between three major hadiths rulings on conditions, agency or representations and will in waqf matters.
Sahih al-Bukhari waqf hadiths are authentic guidelines to understand waqf as practiced by Rasulullah SAW and the companions. Further analysis and understanding of the 15 texts of hadiths are required to formulate more comprehensive guidelines in the implementation and management of waqf in Malaysia.

Conclusion
Imam al-Bukhari Sahih al-Bukhari is a great kitab that should be earnestly studied as premier sources of Islamic injunctions not only of waqf, but the muamalat, ibadat, munakahat, jinayat and many more. Sahih al-Bukhari is a great compilation of the most authentic hadiths of Rasulallah SAW. The hadiths are verified and validated by many scholars of the past and present based on sunnah Rasulallah SAW and al Quran are indeed evidence of their authenticity.
The Sahih al-Bukhari collection of waqf-related hadiths are indeed authentic and one of the most authorised for implementation of waqf ibadah. The Fiqh al-Bukhari drawn from the volumes or chapters of hadiths in Sahih al-Bukhari are in accordance to the ijtihad of Imam al-Bukhari in the matters concerned. Genuine understanding of waqf issues based on fiqh alhadith is important for correct implementation of waqf according to the practices of Rasulullah SAW and Companions.
In conclusion, the Imam al-Bukhari Sahih`s Fiqh al-Bukhari should be further studied and formulated into more innovative waqf applications to enhance current waqf practices to fulfil the injunctions for waqf as Commanded by Allah SWT.