Waqf Objects Research Articles

The Practice of Changing the Status of Change of Waqf Property in the Islamic Social Economic View

The purpose of this study is to reveal and analyze the practice of changing the exchange status of waqf assets in the view of the Islamic social economy. This type of research is included in qualitative research, which is derived from interviews and data observation. The source of this research data consists of primary data sources, namely researchers directly conduct interviews with the parties concerned in the process of exchanging waqf property at the At-Taqwa mosque, researchers also use secondary data sources, namely books, articles, and other reference materials. The results of the study explained that in the case of exchanging waqf property at Masjid At-Taqwa by Government Regulation Number 28 of 1977 and Law Number 41 of 2004. As for the aspect of Islamic Law, in the opinion of Imam Hanafi, if the waqf property can no longer provide benefits, it can be exchanged or replaced. On the contrary, according to the Shafi'iyah and Maliki Schools, it forbids all forms of exchange and replacement of waqf property under any circumstances. And according to Hanafiyah any form of exchange or replacement of all waqf objects depends on the power of the wakif at the time the pledge is pronounced by the wakif. The originality/novelty of this study offers originality by examining how changes in the status of waqf assets can affect people's welfare, both in terms of economics and society. In Islam, waqf is not only seen as charity but also as an economic instrument that can empower the community. Thus, a change in the status of waqf assets, for example from waqf land to commercial property, can have a significant impact on local economic empowerment.

Distribution Strategy to Mauquf to Create the Trust of Nazir

Waqf assets that are well managed and developed according to a clear direction can increase the economic level of the community with the economic means therein. The role of Waqf nazir becomes very important considering their duties, namely, the manager, as well as the Waqf object service, according to their functions. Of course, this is related to mauquf 'alaihi, in which they are appointed to benefit from the allocation of Waqf. The purpose of this research is to look at the mauquf ' alaih strategy in maintaining Nazir's trust so that the assets of the Waqf were maintained and well maintained. The method used in this research is descriptive qualitative research with a literature study approach, which will explain about Waqf. The type of data used in this scientific paper is secondary data. The data sources referred to are journals and books on Waqf management. However, the results show that the management of Waqf assets has a very significant impact and produces greater benefits if it is managed and developed productively. Then the role of nazir will be seen as more visible considering that they are the ones in the workshop for the Waqf. Economic opportunities in productive Waqf can boost nazir's confidence and encourage him to be more active in the organization and Waqf

Waqf Fundraising Strategies: A Comparison between Indonesia and Malaysia

The article aims to understand and analyze the various strategies that have been implemented in raising waqf funds in Indonesia and Malaysia. The data sources used come from Scopus indexed journals, ensuring the accuracy and credibility of the information. The results of the research show that there are ten main strategies that have been implemented in the context of waqf in Indonesia and Malaysia, namely digitalization and information technology strategies, government policy strategies, local cultural system strategies, management strategies, marketing and waqf objects, new strategies offered, strategies to strengthen legal legality, strategies for understanding the behavior of waqf donors, waqf education and socialization strategies, waqf institutional strategies and word of mouth strategies. Thus, this article provides a comprehensive view of waqf fund collection strategies in Indonesia and Malaysia, which can be a basis for further development in the context of Islamic finance and waqf fund management.

Fuqaha and Positive Law Opinions on the Permanent Nature of Waqf Object Submission

Waqf is a virtue worship practiced by Muslims who give up their property for the public/community good. Movable and immovable assets can be donated. This paper examines fuqaha and Indonesian positive law on the permanence of waqf object surrender. Fuqaha with normative research methodologies and deductive and inductive data analysis have varied viewpoints on waqf's permanent conditions. Some require it, some don't. The first position is that waqf must be permanent and include a clear statement for it. This opinion is accepted by the majority of scholars from the Shafi'iyah, Hanafiyah, Hanabilah (excluding Abu Yusuf in one narration), Zaidiyah, Ja'fariyah, and Zahriyah. Second, jurists from the Hanabilah, Ja'fariyah, and Shafi'iyah schools say waqf might be temporary. Temporary waqf is long- and short-term. Waqf assets are institutionalized indefinitely and only land with property rights can be waqf, according to Government Regulation 28 of 1977 and Presidential Instruction 1 of 1991. Waqf conditions might be permanent or temporary, based on land rights, according to Law 41 of 2004 and Government Regulation 42 of 2006.

Waqf of Trade Secret: An Analysis in Indonesian Legal Perspective

Since 2004, the Indonesian Government has tried to expand waqf assets through Law Number 41 of 2004 concerning Waqf (Waqf Law), one of which is Intellectual Property Rights (IPR). However, the Implementing Regulations of Waqf Law do not contain provisions on the IPR regime that can be used as waqf. The problem is the different characteristics of each IPR regime, especially the Trade Secret. The characteristics of the Trade Secret are that confidentiality is maintained for protection. In its implementation, the Waqf Pledge Deed Maker (PPAIW) must state the assets and information of waqf objects. This study aims to identify criteria for trade secrets that can be used as waqf assets. The results show that waqf with trade secret assets must fulfill the following conditions: (1) Trade secret owned by Waqif legally proven by its use in business activities continuously (2) Trade secrets have economic value (3) Trade secrets can be accounted for in Shari'a (4) Waqif previously made efforts in maintaining confidentiality (5) Transition of trade secrets through waqf accompanied by an agreement to maintain secrecy with Nazhir and the inclusion of clauses on the obligation to keep secrets in the Waqf Pledge Act made by PPAIW. The Indonesian government should revise the regulation of waqf implementers that seem obsolete by including the IPR waqf mechanism.

Bibliometric Analysis of 20-Year Development of Waqf Research in Indonesia Using VosViewer

This study aims to describe the 20 years of development of scientific publications in the field of waqf from 20004 to 2023, so that in the future it will provide the results of this research that have an impact on the search for the latest research topics. Therefore there are two identified topics that will be discussed in this study, the first is to find out the development of waqf publications in Indonesia in 2004-2023. secondly to find out the existence of scientific publications about waqf in Indonesia based on keywords and authors. From the results of the research, the first shows that there are 970 Google Scholar indexed articles using the Publish or Perish application. Writings published on Google Schooler were abundant in 2016-2017. There are 10 prolific authors during the 20 years of the development of scientific publications about waqf and have the most citations with a total of 253. Second, the existence of scientific publications about waqf in Indonesia is based on keywords, namely the keywords of waqf objects that have been published the most in 20 years. For this reason, through this research we can also find out the topic of waqf, this can make it easier for future writers to determine the theme according to the current novelty about waqf, starting from the potential and opportunities of waqf in the modern era, management of cash waqf, distribution of waqf and so.

Tinjauan kaidah Fiqhiyyah dalam Pencatatan Perwakafan di Indonesia

The practice of waqf in Indonesia is often found in the community. However, it is undeniable that waqf land disputes often occur, as a result, waqf objects are taken back by their heirs. One of the factors taken is the lack of legality in the form of an authentic deed of waqf objects. Through this article, the researcher tries to examine the regulations regarding the recording of waqf with the fiqhiyyah rule approach. The method used is a qualitative method with a literature study approach. The results of this study indicate that a series of laws and regulations that have been set by the government are in line with the rules that have been set by previous scholars, even the recording of waqf nowadays can be categorized as mandatory.

Kepemilikan Benda Wakaf dan Akibat Hukumnya: Kajian Pendapat Ulama Mazhab

This article explained the differences of scholarly opinion regarding the ownership of waqf objects and their legal consequences. Where the object that has been entrusted is disputed by the scholars of the madhab its ownership status, it is still in the hands of the wakif or has moved to another party. The research method used library research and normative legal research with data collected from sunny school jurisprudence books and related books and articles. The data were analyzed comparatively. The results showed that Hanafi and Maliki scholars argued that the waqf object still belonged to the wakif, but the difference was if Hanafiyah allowed the wakif to withdraw the object that had been waqf, while Malikiyah did not allow it until the waqf period expired. Shafi'iyah and Hanabilah scholars argue that the object of waqf has come out of the ownership of the wakif to belong to Allah. The legal implication is that scholars differ in opinion about the istibdal waqf as a continuation of their differences in determining the owner of the waqf object. In addition, they also differ on term endowments, which of the four sunny schools, only Malikiyah allows it. Keywords: Istibdal; Possession; Scholars of the madhab; Waqf.

Cash Waqf Management Perspective of Maqashid Shariah Ibn 'Asyr (UNISIA Cash Waqf Institution Study)

This research is normativ research which is part of libery research. In this research we will examine cash waqf which is not far from the existing problem formulation. That is how the role of the UNISIA cash waqf institution in making cash waqf a success as well progress in developing the community’s economy? And what is the maqashid of cash waqf as a community empowerer from the perspective of Ibn’Assyria’s maqashid?. Results research shows that in indonesia itself it is allowed to exist cash waqf or cash waqf with the emergence of the MUI fatwa regarding cash waqf and the existence of statutory regulations such as the waqf law no. 41 of 2004 as well some other rules. The ull waqf board foundation also launched the institute UNISIA cash waqf of december 22 2021,which is expected to progress helping the community’s economy such as empowering MSMES, education, and other economic sectors of society. Maqashid based analysis Ibn’Asyur in this case shows that there are two maqashid carried out in cash practice. First, Maqashid khassah is in the form of hifz almal which makes waqf objects more productive. Second, maqashid ammah in the form of universal benefit in economic empowerment community allocated to education, health, places of worship and things other social.

Waqf dimensions in the context of improving the mosque prosperity board's economy based on law number 41 of 2004 regarding waqf

Waqf is a legal act of a person or group of people or legal entity which separates part of their property for the benefit of worship or other public purposes in accordance with Islamic teachings” and “Waqf objects are all objects, whether movable or immovable, which have durability that is not disposable and valuable according to Islamic teachings and as a support for the development of Islamic society. Law Number 41 of 2004 concerning waqf contains a variety of formal rules which form the basis for the development of productive waqf in Indonesia. In addition, a body has also been established which is the aegis of all institutions in the country. Islam does not only regulate prayer, fasting and pilgrimage but also includes mu'amalah, therefore how are efforts to increase the economy of the Mosque Prosperity Agency (BKM). The mosque is a center for worship facilities for people in increasing ubudiyah to Allah SWT, waqf assets have positive economic potential for the welfare of the community. In Indonesia, it is hoped that waqf will develop in its management so that it can empower the economy of people in need. This study aims to determine the dimension of waqf in improving the economy of the people in Indonesia. The research methodology used is literature review. The reference source for this research is previous research on productive waqf.

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.

A Practical Comparison of Waqf (Islamic Endowment) in Indonesia and Other Countries

The definition of waqf in one of the results of this study is "Waqf functions to realize the potential and economic benefits of waqf assets for the benefit of worship and promote public welfare". In several discussions related to waqf, it is known that Indonesia as a country with the largest Muslim population in the world has very good waqf potential. One of the research articles it is known that: The research results describe a high level of awareness about cash waqf among millennials in Indonesia. The results further reveal a lower level of willingness to contribute to cash waqf in the sample population than their level of awareness about cash waqf. In general, challenges that can be managed better for increasing waqf include several things, namely; lack of socialization. In general, the community does not understand waqf law properly and correctly, both in terms of the pillars and conditions of waqf, as well as the legal intent of waqf, Management and Management, Waqf Objects and Nadzir Commitments, and the weakness of the control system. Waqf opportunities can still be developed in accordance with existing research results; Indonesia needs to encourage the practice of waqf experts and musytarok (such as CWLS) so that waqf practice in Indonesia is more dynamic; The method of expert waqf can be reserved for the rich as part of wealth management; The practice of musytarok waqf can be intended to help the poor to be able to meet their primary needs, such as housing, hospitals, etc

Istibdal Wakaf Sebagai Solusi Pendayagunaan Benda Wakaf Masa Post Covid-19: Analisis Pendapat Ulama Mazhab

This paper explaines the necessity to maintain the sustainability of the benefits of waqf objects, especially waqf for health facilities through istibdal waqf after the Covid-19 pandemic. When the pandemic hit the country, many people were infected by the corona virus outbreak, thus inspiring several Islamic philanthropic institutions to participate in easing the burden on the society and government by raising waqf funds directed at the procurement of medical devices. After Covid-19 hit, even in some regions, there were calls to lift the "pandemic" condition to endemic, then medical devices derived from waqf became no longer used. This makes several institutions, namely Dompet Dhuafa and the Qur'an Waqf Board, think hard about how to utilize the waqf of health facilities so that they continue to benefit the community. The research problem in this paper is how istibdal waqf is a solution to maintain the sustainability of the utilization of waqf objects in the post-COVID-19 period. This type of research is Islamic legal research with qualitative methods. Data were obtained through interviews and documentation and analyzed inductively. The results showed that Dompet Dhuafa and the Qur'an Waqf Board in maintaining the sustainability of the benefits of waqf objects donated several waqf medical devices to several health facilities. Even though giving waqf objects is not allowed by scholars. The solution that DD and BWA can do is to conduct istibdal waqf, so that waqf objects can still be used mauquf 'alaih and are in line with the opinion of the sunny mazhab scholars and positive law in Indonesia.

Legal Protection Of Waqf (Wakaf) Land Through Act - Law No. 5 Of 1960 Concerning The Fundamental Regulations Of Agraries (Case Study Of Land In Semarang City)

The land legal certainty is necessary to have a rule of law. This is because in every settlement of cases of conflicts and land disputes, certainty regarding the land is needed, including knowing the status of the land, who owns it, what the evidence is, and knowing its location and extent, to guarantee legal certainty regarding the matters mentioned above to avoid the existence of an acknowledgment and expropriation and a party that recognizes the unilateral land. Empowerment of Waqf in Indonesia, judging from the amount, the waqf property itself can be said to be quite large. Most of the items that will be waqf are plots of land that will be built by places of worship, Islamic educational institutions, cemeteries, or other things which are generally not cheap. Waqf objects have useful value, namely, they are managed by very good or modern management, but must be based on the Islamic Religion Shari'ah under the coordination of the Indonesian Waqf Board. This research method is research that uses a normative juridical research approach. This approach examines legal issues based on normative rules associated with existing conditions in society.

Copyright as a Waqf Object in the Context of Fiqh and Positive Law

This research aimed to analyze the position of copyright as a waqf object from the perspective of fiqh and positive law. This study was literature research with a normative approach. The data collection technique used in this study is the documentation technique. At the same time, the analysis technique in this study used descriptive inductive techniques. The results of this study indicated that copyright is protected by Sharia law. The owner has the right and authority over his or her copyright and is protected by the rules and laws. Copyright as a waqf object is permitted by Islamic law as long as the requirements for a waqf object are met. This is reinforced by the decision of the Indonesian Ulema Council (MUI) number 1 MUNAS/VII/5/2005, which allows Intellectual Property Rights (IPR) as a waqf object. The permissibility of copyright as a waqf object is also supported by positive law, i.e. Law No. 41 of 2004 concerning Waqf and Government Regulation No. 42 of 2006. In addition, copyright as part of IPRs fulfils the criteria of a waqf object, i.e. a valuable asset permissible by Sharia law whose ownership rights are transferrable. Accordingly, IPRs are legally used as a waqf object, and such rights should not be violated.

Development of Waqf Objects through Public Private Partnership (PPP) as a Means of Infrastructure Development for the Public Interest

Waqf as an amaliyah service should be an instrument to improve the welfare of the wider community. Various waqf cases in the Religious Courts can be a reflection for the future so that the objects that have been pledged can be fit for their intended purpose. With a public private partnership (PPP) scheme, existing waqf objects will be more optimally developed. To follow up on efforts to develop waqf objects, research was carried out using a type of normative legal research that relies on related principles and norms. The legal materials used are primary legal materials in the form of decisions and statutory regulations related to waqf and PPP. Meanwhile, the secondary legal materials used are journals and books on waqf law, PPP, and land acquisition for development in the public interest. The results of the research found that so far efforts to develop waqf objects are still very minimal, on the other hand, there are also government provisions through Law 2/2012 PTBPUKU which require citizens to surrender their land rights if they are affected by construction for the public interest. This provision is in line with Law 41/2004 concerning Waqf which requires that waqf objects can be used for public purposes as long as they obtain permission from the Minister through the waqf body. Apart from that, in the context of development for the public interest and development of waqf objects, the government often uses the PPP model to financially optimize waqf objects. The most ideal scheme to use in increasing waqf objects can be carried out in the form of PPP in the form of BOT, BOOT or ROOT. Its use and designation are adjusted to the permits and designation of the waqf pledge as stated in statutory regulations and sharia principles.

Cash Wakf Implementation Viewed From Bi Al-Urfi Ijtihad Methodology

This study aims to implement cash waqf in terms of the Istihsan Bi Al-Urfi ijtihad methodology. This is related to the phenomenon that there are still those who doubt the permissibility of cash waqf (cash waqf). The research method used is qualitative analysis. The data collection technique used in this paper is literature study and observation. The technical analysis of the data used is by using a qualitative analysis approach, namely by explaining various arguments regarding the law of cash waqf from various ijtihad methodologies of fiqh scholars. From the results of the research conducted, the authors conclude that the Hanafi School also allows waqf as a conclusion, on the basis of what has been done (custom), many people have done. The way of doing cash waqf according to the Hanafi school is the modality of the mudharabah method while the profits are donated to the waqf. According to al Bakri, the Shafi'i school does not allow cash waqf, because dinars and dirhams (money) will be discontinued. However, some followers of the Shafi'i school allow cash waqf. And the opinion of scholars regarding the object of waqf explains that the conditions for waqf objects (must be objects, useful, not disposable, not unlawful in substance and must belong to the wakif perfectly).

The Productivity of West Sumatra Muhammadiyah Cash Waqf as a Model for the Development of Sharia Investment in Empowering UMKM

Muhammadiyah is one of the organizations that initiated the development of cash waqf in West Sumatra. This institution experienced many obstacles because cash waqf is a new thing in society. People's understanding of waqf objects so far is in the form of objects that are not used up. This study aimed to explore the West Sumatra Muhammadiyah cash waqf's productivity to develop sharia investment and micro, small and medium enterprises in Padang. This research is a field research study with a qualitative approach. The data is in the form of primary data obtained through in-depth interviews with selected informants through snowball sampling?secondary data as supporting data to complete information and theory about cash waqf. Data analysis used an interactive model of qualitative analysis with data reduction, data presentation, verification, and conclusion. The findings of this study indicate that the productivity of cash waqf carried out by the West Sumatra Muhammadiyah Cash Waqf Board is in the form of capital investment and work (business). However, development in the form of work or business has not been fully implemented. This is not due to constraints in development efforts but in the productivity of micro and small businesses caused by unprofessional management and the lack of other development models that are more appropriate to make the business productive for each of the various productive investment units. Investments that are made and can produce waqf funds are more in the form of capital investment than work investment.

Temporary Waqf as a Study of Fiqh Muamalah (Juridical Thoughts and Possibility of Its Implementation)

Abstract: Based on data from the Indonesian Waqf Board (BWI), Indonesia has a waqf potential of IDR 180 trillion per year. However, waqf in Indonesia has not been fully managed effectively, in many cases there are abandoned waqf objects that are not maintained. To reduce the abandonment of waqf assets, the discourse of waqf fiqh has developed with the discussion of temporary waqf. The question that arises is what is the opinion of the fiqh scholars about temporary waqf, especially the scholars of the four madzhabs; Shafi'i, Hanbali, Hanafi and Maliki? Then how is the possibility of implementing the temporary waqf? This research is a combination of normative and empirical, using a qualitative approach, by researching the law on temporary waqf, supported by empirical data. Primary data is obtained from field research, in the form of interviews with the Head of the Waqf and Land Institute of the Nahdlatul Ulama Regional Board of Yogyakarta Special Region. Secondary data is obtained from fiqh books, articles and regulations in Indonesia regarding temporary waqf. Shafi'iyah and Hanabilah scholars such as As-Shirāzi and Ibn Qudamah rejected the practice of temporary waqf. On the other hand, the Hanafiyah and Malikiyah allow temporary waqf. Nahdlatul Ulama officially recognises four schools of fiqh: Hanafi, Maliki, Shafi'i, and Hanbali, so there is a possibility that temporary waqf can be implemented by Nahdlatul Ulama because Hanafiyah and Malikiyah permit temporary waqf.

Wakaf Aset Digital: Non Fungible Token (NFT)

Non-Fungible Token (NFT) is a digital asset based on blockchain, in the form of a unique certificate or token in digital form that cannot be replaced with another, which is unique and immutable and represents ownership of an asset. NFT has many benefits, especially in economy, so, NFT used as a medium for many social activities. On the other hand, Islam strongly supports social activities, one of which is waqf instruments. The characteristics of NFT which are enduring and have long-term economic benefits, are compatible with the concept of waqf. However, as a new innovation, NFT has not been widely studied according to sharia, especially as object of waqf.
 On that basis, this study tries to explore whether NFT can be used as an object of waqf and create a concept for it. Therefore, this research is included in normative legal research, and using a conceptual approach and analytical descriptive analysis.
 And result of this study is: 1) in terms of fiqh, NFT can be used as a waqf object as well as copyright as a waqf object, of course with due regard to the three halalness foundation of the NFT and the fulfillment of its requirements for the object of waqf. 2) In practice, wakif for NFT is the creator, while mauquf is in the form of copyright contained in the NFT which is owned by the creator, and the proceeds will be donated to mauquf 'alaih in the form of royalties that arise from the copyright.