Implementation Of Waqf Research Articles

Problems of Waqf Management in Indonesia: A Review of Positive Law

The implementation of waqf has been happening in many regions in Indonesia. The essence of waqf as a form of worship that brings great rewards and community welfare should be managed properly by professional nadzirs, not the other way around. Various problems have occurred in various regions, resulting in the management of waqf not maximizing and not achieving common goals. This research uses a normative juridical approach that is descriptive analytical by using various theories in legal science related to the process of implementing waqf within the framework of positive legal development in Indonesia. The problems of waqf management in Indonesia so far have been caused by the lack of socialization about waqf by a less aggressive government, waqf management and management that is not in accordance with the rules, limited human resources (nadzir) who meet the requirements and weak control systems in supervision to be less effective in its application in society. The problems that exist so far show that they arise from external factors, namely legal subjects who have not experienced limitations and sufficient knowledge in managing waqf properly and correctly according to the rules of law and Islamic religious law. For this reason, it is necessary to supervise the management of waqf by the government and society so that strict supervision is expected that waqf in Indonesia can be managed properly so that the results can be utilized to empower the quality of life of the people.

The Legal Certainty of Wakaf Without The Existence of A Wakaf Power Deed Made by The Officer Making The Wakaf Power Deed

Donating property in Islam is good teaching, and it is even recommended for every capable Muslim individual to do it. This is because waqf is an act that has good characteristics and motivation, namely taqarrub to Allah SWT. This terminology means that a wakif must express his will (to donate his property) to the nazir, namely the waqf expressed orally and in writing. The meaning of the words "spoken orally and in writing" is uncertain or ambiguous regarding the interpretation of these words. This research aims to determine the legal certainty of waqf implementation without a waqf pledge deed made by the official who made the waqf pledge deed. The writing method used is normative juridical with a problem approach using a statutory approach, a conceptual approach, and a historical approach, and data collection techniques using library research. Based on the research results, it can be concluded that the implementation of waqf which is carried out orally without a Waqf Pledge Deed is valid according to sharia and statutory regulations because it fulfills the elements of waqf, but its legal force is weak compared to waqf which is carried out with a written waqf pledge. form of Waqf Pledge Deed. In the future form of regulation, in order to guarantee legal certainty, the meaning or meaning of the waqf pledge must be further clarified the waqf pledge, namely the Waqf Pledge is a statement of the wakif's will which is stated and set out in written form, namely the Waqf Pledge Deed made by PPAIW.

Mekanisme Pengelolaan dan Pengawasan Wakaf Saham Di Indonesia dan Malaysia

In Indonesia and Malaysia, a new form of waqf has developed, namely stock waqf. However, many people still do not know about the implementation of waqf shares. In the implementation of stock waqf, management and supervision challenges need to be overcome in order to increase its effectiveness. This study aims to (1) To examine the mechanism of management and supervision of waqf shares in Indonesia and Malaysia (2) To examine the differences and similarities of management and supervision in Indonesia and Malaysia. The type of research used is literature, the approach used is normative, data collection techniques using literature study analysis and using qualitative methods. The results of this research show that Indonesia and Malaysia in the implementation of waqf shares give their trust to nazhir as the only holder who manages and supervises waqf shares. in managing waqf shares, nazhir works with investment advisors. Based on the results of this research, it is expected that it will become information and input for students, academics, practitioners, and all parties who need information in the environment of the Faculty of Law, Pancasakti University Tegal and the wider community.

Measuring The Trust of Corporate Waqifs to Donate Cash Waqf to The Indonesian Waqf Board

This research aims to measure the trust of institutional waqif to distribute waqf to waqf institutions, in this case, the Indonesian Waqf Board (BWI), in the form of an index referring to the Waqf Core Principles (WCP). This study measures the trust of institutional waqif to distribute cash waqf through BWI based on WCP using an index (100 scale), which composed of individual index of waqf supervision, nazhir governance, risk management, sharia governance, and the overall trust index. The institutional waqif trust index to distribute waqf to BWI is “trust” (53.36). Based on components: a. waqf supervision index is trust (13.49), b. nazhir governance index is trust (3.18), risk management index is trust (25.24), and sharia governance index is trust (11.45). Increasing the trust of institutional waqf in BWI can be done through the improvement and management of waqf from large-scale institutional waqf, preparation of BWI communication strategies which include implementation of waqf and policies, and transfer of knowledge from waqf institutions to institutional waqif. This thesis will provide additional knowledge to academics regarding the potential of institutional waqif and the implementation of WCP in Indonesia. In addition, this research practically provides recommendations for regulators, waqf institutions, and related parties to optimize the collection, management, and supervision of waqf in Indonesia. Based on the author's knowledge, this is the first paper to measure the trustworthiness of institutional waqif. This paper is expected to provide novelty regarding the level of trust of a institutional waqif to a waqf institution in the form of an index.

Marketing Mix Strategy in Waqf Online Fundraising Platform: An Importance-Performance Analysis

As an Islamic social finance practice, waqf has a considerable potential to develop community following maqashid sharia and SDGs. At IPB University, one of few universities with authority as a nazir, the implementation of waqf from ‘civa to civa’ on campus has huge benefits for the development of their surrounding without having to rely on government funding. This study, using Islamic Economics students as its respondent, tries to formulate a marketing strategy for waqf online fundraising platform employing an Importance Performance Analysis. Results show that there is still a noticeable gap between the potential and realized the value of waqf in this platform and demography, indicating that the performance has yet to reach the select value from respondents. Three attributes of the marketing mix in IPB’s online waqf platform that needed the most attention: social media promotion, mass media promotion, and integration with other fundraising platforms.

Optimalization Of Waqf Management In Indonesia

This research is aimed at maximizing public trust in nazhir, through efforts to optimize waqf management. This research takes a qualitative approach, with data obtained through literature studies collected from various scientific articles, journals and other publications that discuss relevant topics. Data analysis was carried out by utilizing SWOT analysis, to find strengths, weaknesses, opportunities and threats in the implementation of waqf management in Indonesia. The research results show that its strength is because the majority of Indonesia's population is Muslim, so its application can be more realistic. Meanwhile, the weaknesses are due to the low level of nazhir transparency, unprofessional waqf management, as well as promotional and development activities of waqf that is not yet optimal. This waqf management has the opportunity to launch a cash waqf type. However, what needs to be paid attention to are threats in the form of a lack of public understanding of the implementation of waqf, the emergence of the danger of waqf nazhir, and various social investments. The researchers formulated several strategies that were considered effective for overcoming waqf management problems, such as through implementing improvements to waqf management, maximizing marketing and promotional activities, and improving nazhir certification.

WAKAF SEBAGAI DASAR MENINGKATKAN KESEJAHTERAAN DAN SUMBER DAYA MANUSIA

Before the Indonesian nation proclaimed its independence, the Indonesian people had often made waqf. This waqf practice is in line with the many Islamic kingdoms in Indonesia, such as the Demak kingdom, the Pasai kingdom, the Mataram kingdom and so on. The implementation of waqf that develops in society is carried out based on Islamic teachings that originate from Islamic values. Looking at waqf historically, it has actually taught Muslims the importance of continuous economic resources to ensure ongoing prosperity in society. Waqf as an economic instrument that gives life to its managers and the community. Waqf is an important socio-economic pattern of worship. Waqf is to build the economy and civilization. Waqf has an economic basis. Therefore, we must make waqf the backbone of sharia economic development. In building an Islamic economy, waqf cannot stand alone, but is a package with zakat, infaq and alms. The author sees the concept of cash waqf in Aceh as having tremendous potential to support the economic development of the people, because the funds are also available from sources of zakat, infaq, endowments, and other religious assets. These sources of funds are managed in an integrated manner at Baitul Mal Aceh. The management of zakat and waqf is not separate as at the national level. According to classical Islamic history, waqf has played a very significant role in improving the welfare of Muslims, both in the fields of education, health services, social services and public interests, religious activities, development of science and Islamic civilization in general. Waqf as an economic instrument that gives life to its managers and the community. Not the other way around, waqf only becomes a burden on managers and demands a helping hand of generosity from the community. Waqf during the friendship era has become an economic source and financing for the development of science, such as during the Caliphate era of Harun al Rasyid with the Bayt al Hikmah library which was financed by waqf wealth.

The Influence of the Development of Islamic Law on Waqf Institutions in Indonesia

This study is motivated by the importance of the position of waqf as an Islamic legal institution that is prospective enough to solve the social problems of Muslim communities in Indonesia. This study highlights the efforts to reform waqf law in Indonesia as a response to the times. These efforts include administrative arrangements in the form of recording and certification of waqf land as well as the development of waqf objects in the form of cash waqf and other securities and the development of waqf asset management. These developments are methodologically based on the principle of expediency, in order to realize benefit as the main objective of Islamic law. The community has not fully paid attention to the regulations in the implementation of waqf, especially for those who do or give waqf. This causes uncertainty about the status of the waqf itself both juridically and administratively. This condition can also lead to the misuse of waqf from the aspect of legal substance and the purpose of waqf itself.

The development of national waqf index in Indonesia: A fuzzy AHP approach

As one of the alternative forms of Islamic Social Finance, Waqf could be potentially developed to achieve the Sustainable Development Goals in Indonesia, particularly providing a major solution for socio-economic problems, such as poverty, improving education quality, and giving a lifelong learning opportunity, unemployment, and many more. But, unfortunately, due to the absence of a universal standard of Waqf evaluation, the implementation of Waqf in Indonesia has not been optimal. Therefore, this study proposes the National Waqf Index (Indeks Wakaf Nasional or IWN) for improving the governance system and measuring waqf performance at national and regional levels. Through literature review and focus group discussion (FGD), this study develops six factors, namely regulatory (with three sub-factors), institution (with two sub-factors), process (with four sub-factors), system (with three sub-factors), outcome (with two sub-factors), and impact (with four sub-factors). Using the Fuzzy Analytical Hierarchy Process (Fuzzy AHP) involving experts from government, academic, and industry, this study finds that the priority of IWN is a regulatory factor (0.282) followed by institution factor (0.251), process factor (0.190), system factor (0.156), outcome factor (0.069), and impact factor (0.050). The findings from this study will strengthen the existing literature in Waqf and be used to develop the governance system to improve performance.

Religiosity and subjective norm in waqf intention

The optimal implementation of waqf is believed by some literature as a solution to various socio-economic problems of the community. However, the public's interest in waqf is lacking. This study aims to analyze the factors that can increase interest in waqf for the community. The population in this study was the people of Cirebon Regency, Indonesia, and 205 respondents were taken from the population. Data were collected by distributing questionnaires with a scale of 1-6. The data collected in this study were analyzed using the structural equation model method with Smart-PLS. The analysis results show that religiosity and attitude affect people's waqf intentions, but perceived behavioral control and subjective norms have no effect. On the other hand, this study found that awareness can affect religiosity and perceived behavioral control. Meanwhile, trust is also proven to have an effect on subjective norms and attitudes.

Konsep Pelaksanaan Wakaf Uang di Indonesia

This paper examines the concept of implementing cash waqf in Indonesia. This writing study approach uses a theoretical study approach and interpretation of library materials. This study needs to be carried out to provide an understanding of the process of implementing cash waqf for the welfare of Muslims, and other people in general. Based on the results of the analysis, it is concluded that cash waqf is waqf in the form of funds handed over from assets in cash. This type of cash waqf also includes securities that can be managed by banks as LKS-PWU. Cash waqf is oriented towards productive investment that is lawful and does not conflict with Islamic law. The profits are then earmarked for the welfare of the beneficiaries. Cash waqf has only developed in recent years, previously people were more familiar with waqf of immovable property such as land. Currently, cash waqf has been legally protected in Indonesia so as to ensure the legality of its implementation. The regulations relating to waqf are contained in the Law of the Republic of Indonesia Number 41 of 2004; Government Regulation No. 42 of 2006 concerning the Implementation of Waqf; and Regulation of the Minister of Religion of the Republic of Indonesia No. 4 of 2009 concerning Administration of Cash Waqf Registration

TRAINING AND COACHING AS A SOLUTION TO IMPROVE NAZHIR'S PROFESSIONALITY IN JEKAN RAYA DISTRICT, PALANGKA RAYA CITY

Nazhir's professionality in Jekan Raya District is not optimal, because there are still some who do not carry out their duties after becoming Nazhir, one of which is not reporting the implementation of waqf assets to the Indonesian Waqf Board (BWI), did not receive any prior guidance or training related to the management and development of waqf, and that is one of BWI's duties regarding its duties and authorities which has not been implemented until now. This community service activity carried out by the Zakat and Waqf management study program FEBI IAIN Palangka Raya, aims to strengthen Nazhir's competence and professionalism through reporting assistance carried out with outreach activities and FGD in Jekan Raya sub-district.t. 100% of participants attended the activity and followed until the activity was finished. The results showed that participants gained new knowledge about the development of waqf management and realized the importance of waqf reporting, this became an increase in knowledge professionalism and competence for nazhir. Participants are interested in trying to practice it in the implementation of waqf management. It is hoped that this activity can increase waqf, especially in the Jekan Raya sub-district, Palangka Raya City.

Implementasi Percepatan Sertifikasi Tanah Wakaf Dalam Mengurai Konflik Agraria di Kecamatan Siliragung Kabupaten Banyuwangi

The implementation of waqf is still mostly done in a way of mutual trust. This phenomenon makes waqf land not have strong agrarian legal legality and is prone to conflict. This condition also occurs in the District of Siliragung, Banyuwangi Regency. So that strategic steps related to accelerating waqf land certification need to be synergized with several parties to prevent agrarian conflicts. This study aims to explain the process of accelerating waqf land certification in Siliragung District, Banyuwangi Regency. In addition, this study also aims to analyze actions to resolve agrarian conflicts in Siliragung District, Banyuwangi Regency. The research method used in this research is descriptive qualitative. The results showed that the process of accelerating waqf land certification in Siliragung District was by forming a task force team for accelerating waqf certificates, measuring and recording waqf land, making mass waqf pledges at Baiturrohman Mosque and inputting data to SIWAK (Waqf Information System). Actions to prevent agrarian conflicts are synergizing and collaborating with the Banyuwangi National Land Agency (BPN), the Banyuwangi Nahdlatul Ulama (PCNU) Branch Manager and the Nahdlatul Ulama Branch Council (MWCNU) and the Siliragung Religious Affairs Office (KUA). These Islamic institutions and organizations work together to speed up the process of issuing waqf certificates and making mass waqf pledges. Another action is by socializing waqf and applicable regulations related to waqf to the Islamic community in Siliragung District.

Settlement of Waqf Disputes and its Asset Protection in East Java, Indonesia

Waqf is commonly defined as an endowment made by Muslims to a religious cause. By this definition, waqf is a spiritual practice with a divine aspect for Muslim people. In Indonesia, the implementation of Waqf is regulated in national law and adjacent to a kind of private law. Because waqf is similar to a sort of private law in Indonesia, it is possible for waqf in the future to have a dispute around property rights dissatisfaction. This article determines a determinant factor of waqf disputes in Indonesia, especially East Java. This article is an empirical legal study by looking at phenomena background of the waqf dispute and mapping out a model of waqf dispute resolution overcame by several parties. This article finds that waqf disputes in Indonesia are caused by several determinant factors, such as recognition of ownership of the founder’s family (wāqif), changes in the aims and objectives of waqf assets, and abandonment waqf assets. The result of this study reveals that maṣlalah – as a principle of Islamic law objectives – becomes a consideration in formulating a model of waqf dispute resolution. Efforts to resolve waqf disputes are often taken in two ways: first, legalizing waqf assets through religious courts. Second, the conflicts are usually resolved through either formal or informal mediation processes. Thus, litigation and non-litigation of legal process play an active role in resolving waqf disputes in Indonesia.
 Keywords: Waqf, settlement of waqf dispute, maṣlahah, waqf assets in Indonesia.

Pengalihan Wakaf oleh Sarak Opat di Aceh Tengah Ditinjau Hukum Islam dan Hukum Adat

Waqf is one of the institutions of Islamic social institutions that contain socio-economic values that are expected to help to realize social welfare that benefits can be enjoyed together. However, there are many problems related to waqf land, one of which is the change in the designation of waqf land-based on adat meetings. The purpose of this thesis is to examine the legal position of waqf land that has changed its designation and implementation of waqf in Central Aceh District based on Islamic Law and Customary Law in terms of the Law. The research in this thesis uses the normative juridical approach The specification of the research conducted is analytical descriptive. Based on the results of this study, the legal status of waqf land that has been represented cannot be used if it is not in accordance with the waqf pledge, but there are exceptions to the waqf land that can be changed its designation and must follow the procedure for changes stipulated by Law Number 41 of 2004 Execution of existing land parcels in Central Aceh Regency, Islamic Law has been implemented correctly, but the state administration has not been implemented to the maximum.

Legal Protection for Nadzir (Waqf Recipient) from Unregistered Waqf Land

Waqf in Indonesia that is carried out by the community is often not by the existing provisions and elements. As a result, there are many problems in waqf. One of the problems that can arise is the existence of waqf land that is not registered. This causes the recipient of the waqf, nadzir, as the manager of the donated land, to often get involved in disputes over the land. For this reason, legal protection and efforts are needed for nadzir from unregistered waqf land. In finding answers to these problems, researchers use certain legal theories as a basis for analyzing them. The method used in this research is normative legal research (normative juridical) and this research is descriptive analysis. The result is, the implementation of waqf in Indonesia is based on Law No. 5 of 1960 concerning Basic Agrarian Regulations (UUPA), Government Regulation No. 28 of 1977 concerning Freehold Land Waqf, Government Regulation No. 24 of 1977 concerning Land Registration, Law No. 41 of 2004 concerning Waqf. These provisions are regulated to ensure certainty and protection for the implementation of waqf. Legal protection of the waqf land is very important considering that many parties want to control the donated land because the land is considered to have high economic value and is a very basic human need. For this reason, in obtaining legal strength and certainty, the waqf land must be registered so that it is legally registered as waqf property by the state. The donated land must obtain a waqf pledge deed which is then made a waqf certificate to ensure legal certainty. If the donated land does not have a waqf certificate, then it does not have legal force.

The Implementation of Waqf as ‘Urf in Indonesia

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.

The Impact of Productive Waqf's Implementation to the Development of Sharia Economics in South Kalimantan

Waqf is one of the sources of Nation's income that can empower the sharia economy. The Implementation of waqf cannot be separated from the supervision of the Indonesian Waqf Board. Indonesian Waqf Board supervises at the provincial level as an independent institution tasked with empowering productive waqf. In this study, the supervisory process carried out by the Indonesian Waqf Board in South Kalimantan applies the empowerment of productive waqf by the Indonesian Waqf Board of South Kalimantan to the development of the sharia economy. This study aimed to determine how to implement the empowerment model applied by the Indonesian Waqf Board to the sharia economy. This research is a descriptive study with a sociological and normative approach. Data collection techniques through observation, interviews, documentation, and triangulation with the determination of informants through purposive snowball sampling. The results showed that from these results the implementation of (1) the waqf model for building construction in building facilities and infrastructure, and (2) the waqf model for business development covering agriculture, animal husbandry, and business units. The two models are then linked to management, including investment management and productive waqf distribution management. The management of the Indonesian Waqf Board in South Kalimantan implements the empowerment of Human Resources with the supervision of nazhir based on waqf law, sharia economic system, and waqf administration or entrepreneurship. The managerial process is inseparable from the leadership factor. Through direct supervision by South Kalimantan BWI staff and the Ministry of Religion, control is carried out to oversee productive waqf assets.

IMPLEMENTASI WAKAF PRODUKTIF DAN WAKAF TUNAI DI INDONESIA

Waqf here is giving some of the property to be used in a certain period that aims for a naivety or common interest. The purpose of this research is to seek information and knowledge about the implementation of productive waqf and cash waqf in Indonesia.Because of an implementation of waqf in this day and age is very minimal, therefore it is necessary to improve and understand for the community about it.The method used in the study is to use the literature review method, by collecting a number of articles, journals and others.Keywords: Waqf, productive waqf, Cash waqf

THE LEGAL ISSUES OF CASH WAQF IN CENTRAL JAVA, INDONESIA

The implementation of waqf cash that is not in accordance with the laws and regulations, raises legal problems in the community. The study will analyze the problem of chash waqf law and its juridical solution’s. This research in Central Java, by taking research samples from Boyolali, Salatiga, Regency and City of Semarang. The aim was to analyze the implementation of cash waqf in Central Java and its benefits can be used as material for government policies in implementing cash waqf law. The research type was field research and data was in the form of primary and secondary data, which includes primary, secondary and tertiary legal materials. The data were analyzed using descriptive analysis. The research results of the problem of cash waqf law in Central Java is; low public interest in representing cash waqf, lack of coordination between cash waqf institutions (BWI and LKS-PWU), lack of human resources in understanding cash waqf, and misunderstandings about the meaning of cash waqf. Juridical solutions include; increasing BWI management resources, optimizing BWI's performance, socialization of waqf legal rules, forming a positive image of LKS-PWU, and increasing the professionalism of integrated management in managing waqf assets.