The Implementation of Waqf as ‘Urf in Indonesia

Ani Yumarni,Anna Sardiana,Wirdyaningsih Wirdyaningsih,Jaih Mubarok,Gemala Dewi

doi:10.28946/slrev.vol5.iss2.1126.pp287-299

Abstract

As a tradition that has been practised for a long time, waqf or endowment is clear evidence that Muslims in Indonesia are developing through this worship. However, what if the waqf is in the form of a mosque, Islamic school, and grave (3M’s waqf). It is an unusual thing in the contemporary Islamic tradition, but its existence persists. Meanwhile, 'Urf as one of the legal propositions in establishing Islamic law has known the concept and has been practised for generations in suburban areas where most of the population is Muslim. This tradition is then accommodated in Law Number 41 of 2004 concerning endowment, which contains land endowment and endowment organiser (nazhir). This paper examines the tradition of endowment in Indonesian society to benefit mosques, Islamic schools, and graves. By using the historical and analytical-conceptual approaches, this paper will analyse waqf in these three forms. The results of this study can be taken into consideration by stakeholders in developing strategies for strengthening and empowering 3M's donated land to create benefits for the Indonesian since 3M’s endowment is commonly found in Indonesian society.

Highlights

In addition to Waqf (Endowment) that is given by individuals to a close relative, which is known as Waqf ahli (Family Endowment), in Indonesia there is Islamic Endowment which is carried out collectively, or what is known as waqf khairi (Charity Endowment)
This paper examines the tradition of endowment in Indonesian society to benefit mosques, Islamic schools, and graves
After Islam came to Indonesia, the endowment institution brought by Islam grew and developed in society

Summary

Introduction

In addition to Waqf (Endowment) that is given by individuals to a close relative, which is known as Waqf ahli (Family Endowment), in Indonesia there is Islamic Endowment which is carried out collectively, or what is known as waqf khairi (Charity Endowment). Charity Endowment in the form of Musholla (mosques), Madrasah (Islamic schools), and Makam (graves) which is known as '3Ms endowment'. Even though it looks very classic and traditional, 3Ms endowment is clear evidence that Islam in Indonesia is built and developed through endowment worship. After Islam came to Indonesia, the endowment institution brought by Islam grew and developed in society. This endowment institution is known as "Vrome Stichtingen", which was well known in society before the arrival of Islam to Indonesia.. The classic or traditional endowment is identical in the form of a mosque, a school, and a grave. As was the practice found in the people of Serang, West Java, in 1904, the practice of endowment was in the form of a mosque, grave, charity endowment, and Family endowment.

Methods

Findings

Conclusion