Waqf Land Research Articles

Pengelolaan Wakaf Uang Pada Lembaga Pusat Pengelolaan Dana Sosial dalam Bidang Pendidikan di Universitas Airlangga Surabaya

One of the institutions in Islam that has a great contribution and potential to the welfare of Muslims in waqf. Waqf is also a religious practice which is closely related to the welfare of the people. One of the sources of Islamic finance which has the potential to develop the economy of the people is waqf. Even though the potential of waqf in Indonesia is quite large, the management of waqf in Indonesia is still said to be underdeveloped when compared to other countries even though it has such a large contribution. With the potential for land waqf which is very broad, which should have and save a very large economic potential, currently it has not been managed optimally. However, the waqf assets in Indonesia in the form of land in the management and allocation are still allocated for mosques at 44.64%, musholla 28.23%, schools 10.63%, social 8.58% and funerals 4.50%.

The Legality of Nadzir Waqf Land Managerin Islamic Philanthropy Studies (A Case Study in Tampan, Pekanbaru City)

Purpose: This research aims to find out the legality of nadzir as the manager of the waqf lands in Islamic philanthropy perspective of it.Design/Method/Approach: The report on the replacement and dismissal of nadzir to the office of religious affairs of Tampan is not properly performed; thus of the 212 population, the writer takes 5 nadzirs as a sample analysed descriptive qualitative analysis with purposive sampling technique.Findings: The research shows that none of nadzir reports the replacement and dismissal to the local office of religious affairs (KUA). The nadzirs only know that waqifs hand waqf land over to them to be used by muslim, but not for the matter of the replacement and dismissal. In other words, nadzirs in Tampan have not developed a professional sense of duty due to the lack of socialization from KUA.Originality/Values: Furthermore, the impact of no report on retiring and shifted nadzir to KUA is mudharat in the system of administrations or report on waqf land. At worst, misuse of waqf land can occur. The report on the replacement and dismissal of nadzir in Tampan is inconsistent with article 221 of Law Number 41 of 2004. Verse 1 and 2 state that nadzir is obliged to report the replacement and dismissal of nadzir to local KUA.

Sustainability of Waqf Muhammadiyah: A Historical Study from Past to Present

Waqf has an essential role in the successful development of the Persyarikatan Muhammadiyah. In addition to religious services, the Muhammadiyah Persyarikatan attempt to use waqf land for social and educational establishments. Report of the Councils of the Central Board of Muhammadiyah 2010- 2015 (PP-Muhammadiyah, 2015) on the development of Muhammadiyah's charitable efforts, particularly in education, health, and public welfare economic, and da'wah. Furthermore, there are around 3,717 ha of waqf assets and fix managed by the Muhammadiyah organization. Muhammadiyah movement succeeds to manage Waqf for social welfare. However, many people are not familiar with the basic ideas of Waqf for the charitable effort by KH. Ahmad Dahlan. The study of this scientific paper uses a qualitative paradigm with reviews literature to examine the history and phenomena of Waqf Muhammadiyah from aspects of personality and thoughts and ideas of KH. Ahmad Dahlan revealed the external acts (words and deeds) in developing Muhammadiyah in Indonesia. Furthermore, it provides descriptive data to present the condition of waqf Muhammadiyah from history until the present. Lastly, this study concludes that the community's trust for Waqf in Muhammadiyah is still very high. The future of Waqf Muhammadiyah is the chain of the past and the present.

Preferensi Publik terhadap Wakaf Uang di Sumatera Barat

Cash waqf can be a solution in optimizing the potential of land waqf asset in Indonesia, in order to reach economic empowerment. In Indonesia, cash waqf had a great potential reaching 180 trillion rupiah, however the money acquired on 2019 only reached 400 billion rupiah. Several factors caused the low rate of accumulation of cash waqf, namely religiousity, cash waqf literacy, waqf inclusion, and waqf institution management. This study aims to find out public preference toward cash waqf specifically in West Sumatera Province. The analytical method used is PLS-SEM qualitative analysis using SmartPLS 3.9.2 as a tool. Purposive sampling technique was used to assign 175 respondents. Results showed that there are positive and significant relationship between cash waqf literacy, waqf inclusion and waqf institution management variables with the public preference towards cash waqf. Whereas religiousity factor had positive but insignificant effect to the public preference of cash waqf.

Legal Protection of Uncertified Waqf Land in Indonesia

This study aims to determine the legal protection of uncertified waqf land in Indonesia. This research uses descriptive analysis, which describes the fact or certain legal events that occur in society. The result of this research is that waqf land that does not have a certificate can be protected by law. It is a waqf land that meets the terms and conditions and can be proven, judges of the Religious Court are of the opinion that the waqf land without a certificate can be guaranteed its protection with the Wakaf Pledge Deed and witnesses and evidence. other written documents that clearly explain the position of the donated land. The public is of the opinion that a waqf will be guaranteed protection when it has been used for religious purposes or other public interests. In the future, it is hoped that all parties will have a correct understanding of the procedures and processes of waqf, that waqf is not only up to having AIW but waqf land must be registered with the National Land Agency and have a certificate to guarantee its legal protection. Keywords: Waqf; Certificate; Religious Court.

Strategy for Improving the Quality of Waqf Institutions Through Good Waqf Governance

The sustainability of the benefits of waqf is possible because of the implementation of productive waqf can support various social and religious activities. Even so, good and innovative management is still needed in order to achieve professional waqf management, namely good waqf governance. This paper aims to examine the concept of good governance, the potential of waqf in Indonesia, and the institutional problems and solutions of waqf in Indonesia. This is a library research using a qualitative method and descriptive analytic study. Data were collected using the documentary method, which comes from books, journals, internet, and papers. The results of this study indicate that the donated land assets in Indonesia are 52.245,41 hectares spread over 385.898 locations. Most of the use of the waqf land is still in the form of direct waqf (consumptive), dominated by the construction of mosques by 44,26% and musholla (a prayer room) by 28,43%. Meanwhile, the potential for cash waqf in Indonesia reaches 3 trillion per year with an estimated number of generous Muslims of 10 million and an average monthly income of IDR 500.000 to IDR 10.000.000. Regarding problems in the development of waqf related to waqf management, including the management that is not optimal, even many are mismanaged which results in many waqf assets being neglected, some even missing. The solution lies in the existence of nadzir and a solid team work to maximize the expected results of waqf where waqf management requires good governance which can be used as a benchmark for whether performance in the organization is based on five principles, namely transparency, accountability, responsibility, independence and fairness or not.

Potensi Dan Paradigma Nazir Terhadap Aset Wakaf Tanah Di Kabupaten Tapanuli Selatan

Land waqf is one of the pillars in solving the problem of economic disparities in the ummah. This can be realized if the land waqf is managed properly and productively. In order for waqf assets to be more productive and more effective, it depends on how the nazirs are managed. Therefore, the nazir must build a new paradigm in the management of waqf assets. From the land waqf data in South Tapanuli Regency, the potential for land waqf reaches 411 hectares. However, this potential means nothing for the economic development of the ummah. even consumptive only for places of worship. Meanwhile in the Constitution, Government Regulation and KHI fully support land waqf must be developed in support of the economy and managed productively according to sharia by the nazir concerned. This research is a qualitative research with descriptive form. Data collection techniques are observation, interview and documentation. Data processing techniques are data editing and data reduction and drawing conclusions. Keywods: Potential, Paradigm, Land Waqf

PENGEMBANGAN MODEL PRODUKTIVITAS TANAH WAKAF UNTUK PEMBANGUNAN GEDUNG KOMERSIAL BERBASIS BUILD OPERATE TRANSFER (BOT)

Almost all wakifs who surrendered their land to Nazhir did not include funds to finance productive business operations, this of course became a serious problem and obstacle in managing their waqf. This research was conducted with juridical normative, taking into account the existing provisions as well as provisions related to BOT or the practice of BOT agreement models with a case study approach and methods, meaning that this research was conducted to see what the expectations of legal products are in terms of this is about waqf and how it is in reality in the field so that the materials found in the field can be used as tertiary legal materials in order to develop which one is better than alternative solutions. The result of this research is to produce a modelwaqf land productivity based on BOT and it is hoped that it can be known and become a model that is believed by everyone who wants waqf.Keywords : Waqf Land; Productive; Build Operate Transfer.

Role of the Waqf Division, Kedah State Islamic Religious Council in the Implementation Land WaqfScheme: A Review

Waqf properties developed based on land waqf scheme has functioned as a branch of generating socio-economic development of Muslims in the Kedah state. However, at times, its existence remains unnoticed by some Muslims. Recognizing this, the Kedah State Islamic Religious Council (MAIK) took the initiative and innovative measures to strengthen these institutions by introducing the land waqf scheme. Waqfproperties developed over the years help improve the state of Muslims compared to other races in the state. This article will discuss the general concept of Waqf and implementation of the land waqf scheme by MAIK. The data were obtained from the literature review, documentation, interviews with stakeholders, observations and a review of site as sources in the qualitatively conducted analysis. The study found that the land waqf scheme has been successfully implemented and has vastly contributed to the development of mosques and educational institutions in Kedah.

Maladministration of the Determination of State Property Derived from Waqf Land

Government Regulation No. 6 of 2006 concerning The Management of State and Regional Property states that, state-owned goods are all goods purchased or obtained at the expense of the State Budget or derived from other legitimate acquisitions. But in reality the legal problems that occur, waqf land is made BMN (State Property) as a state asset, which this land is clearly under the control of the Ministry of Religion that has been inventoried. The results of the research showed, The process of administrating waqf land into state-owned goods/assets that, to be used as BMN on waqf land can be seen from administrative requirements, administrative requirements to apply for permission to change one waqf land to the Ministry of Religious Affairs that has been fulfilled to kua among others.

PEMAMFAATAN HARTA WAKAF DALAM PENGEMBANGAN EKONOMI MASYARAKAT (Studi Kasus Terhadap Masyarakat Desa Gampong Baroe Peusangan Kabupaten Bireuen)

Waqf is a religious institution that is closely related to socio-economy, waqf has helped a lot in human resource development and social resource development. It cannot be denied that most houses of worship, Islamic colleges and Islamic religious institutions are built on waqf land. As one of the aspects of Islamic teachings that have a spiritual dimension, waqf is also a target that emphasizes the importance of economic prosperity, namely by making waqf property or the residue of the waqf land that has been used as waqf which is more productive (yielding) which results can be used for common interests. This study aims to determine the use of waqf assets for economic development and the management and utilization of waqf assets. This type of research is qualitative research, while the data analysis uses a descriptive approach. The results showed that the waqf land management system in Gampong Baro Village was generally still traditional. Most of the donated land is used for religious and educational activities. However, now the vacant land is used as a place for convection and burning of bricks with capital from the leasing of waqf land, strategic land is developed to build shop houses from BUMG funds which are then leased.

Analisis Pandemi Covid-19 Dalam Presfektif Collective Action (Studi Kasus: Kecamatan Cariu Kabupaten Bogor)

In the midst of the Covid-19 pandemic, many people are affected by health, economic and social aspects. With the existence of a government policy regarding large-scale social restrictions to break the chain of the virus but it creates new problems in the community. Starting from the existing problems, social actions or social activities can help overcome covid-19. Collective actions taken by the community in the midst of the Covid-19 pandemic are small things that can help overcome problems in the community. Community collective action in the form of preventive, curative and promotive actions. Collective preventive action is to distribute masks, hand sanitizers, and spray disinfectants. Collective action in a curative manner, namely by providing social assistance, working on the waqf land and fish ponds, then the visiting neighbor program. Collective action in a promotive manner, namely by disseminating information related to Covid-19 to the public and also by making a handbag made by a cariu student forum from betel leaf. Collective action fosters empathic norms and attitudes in society. Collective action works best when free riding is avoided. The large number of illegal riders made the collective action not maximal. Collective action will also run well if data data and information are well available. Collective action can work well if social capital in the form of a sense of belonging, human values, and empathy grows in individuals.

Optimization of waqf land management in Indonesia

The purpose of this research is to find out what is meant by donated land, how is the existence of the waqf land and how to study the law of the waqf land and how to optimize the management of the donated land in Indonesia. The object of this research is related to the understanding and meaning of the donated land by the Muslim community in general and especially the Muslim community in Indonesia, which is the majority population. This study uses a literature study research approach, theoretical studies using descriptive analysis methods. The results show that the revitalization of the management of waqf land in Indonesia is a very important and urgent agenda at this time. This can be done through the waqf land certification program based on information and communication technology, making an agreement on wakaf fiqh related to the productivity of the waqf land, implementing modern concepts of waqf land management based on Islamic legal principles, and supported by reliable and professional human resources of waqf institutions. is a challenge and an opportunity for Indonesia to make a big leap as the center of waqf in the world. A strong factor to support this goal is the relatively large availability and the existence of waqf land, the majority of Indonesia's population is Muslim, and the laws and regulations related to land and waqf land tend to be sufficient enough so that collaboration is needed. that is more integrated among the waqf land stakeholders in Indonesia

Efektifitas Sertifikasi Tanah Wakaf di Indonesia: Analisis Komparatif Fikih dan Hukum Positif

This research is a literature study that is supported by the evidence of field research on the status of uncertified waqf land. The consensus on the legal status of the waqf land according to both fiqh and adat in the community is still being contested. Some say that the donated land does not need to be certified because it deals with issues of worshiping God, while others say that the donated land must be certified. This phenomenon has brought society into a dilemma, eventually leading to stagnation. Therefore, this study seeks to answer two questions, namely; 1) what is the legal status of the waqf land that does not have a certificate? 2) How is the legal protection for the waqf land that does not have a certificate? This research is a normative juridical research which aims to study the principles and principles that exist in the science of law. The information used consists of primary, secondary and tertiary legal materials. The results of this research are to show that the status of waqf land that does not have a certificate is legal in Islamic law and the person who donates will also get reward as long as it fulfills the principles and provisions set out in sharia. On the other hand, in the statutory law, the status of waqf land which does not have a certificate does not have the power in the waqf land law that Nazhir recommends to certify the donated land.

Waqf and the Urban Housing Question: Islamic Land Donations for Housing in Bangkok

AbstractThe city of Bangkok, Thailand faces the sorts of housing problems that are experienced throughout the Global South, where urban housing is unaffordable to large numbers of residents or is of extremely poor quality. Standard economic analysis suggests that privatization of land will enable the free market to solve the housing problem. Anne Haila, a leading urban economist, turned this mainstream logic on its head, claiming that land privatization worsens housing problems. She also argued that systems based on sharing are needed. Bangkok sought to solve its housing problem with conventional methods of public housing and social housing, but that policy was unsuccessful. This article recommends the application of core Islamic social and moral values: social responsibility and generosity. The use of non‐private land, such as religious waqf land, offers an effective alternative housing system. Waqf land practices demonstrate the philosophy of Islamic philanthropy, as I show in a case study of how waqf land is used in Bangkok. The evidence demonstrates that a sharing alternative can help alleviate urban problems. This study is just one example of a practice within the Islamic collective philanthropic spirit.

Implementasi Wakaf Produktif Masjid Roudhotul Muchlisin Jember Perspektif KHI dan UU No. 41 Tahun 2004


 
 
 
 The implementation of productive waqf for the Roudhotul Muchlisin Mosque, Kaliwates District, Jember Regency is a very important thing to do, because the mosque, which was built on this waqf land, is now a new religious tourism icon in Jember Regency. With typical Middle Eastern architecture and in recent years, it has experienced significant developments in the physical construction of mosques, public facilities, and a food corner. This research uses a qualitative approach with descriptive research type. The research data were collected using three techniques, namely: observation, in-depth interviews, and documentation. The management of the mosque's waqf uses the idarah system which means governance in regulating and managing the mosque. As for what is regulated in the Idarah system, among others: management, finance, and administration or secretarial. The implementation of productive waqf for the Roudhotul Muchlisin Mosque is following the Compilation of Islamic Law and Law Number 41 of 2004 concerning Waqf. Because it has developed TPQ Education, the establishment and development of a food corner to empower the economy of the people. The takmir of the Roudhotul Muchlisin Mosque, Kaliwates Subdistrict, Jember Regency, also plans to build a health clinic that aims to make the congregation's and the surrounding community's access to health easier and more beneficial for the people.
 
 
 

Sharia Cooperatives' Productive Waqf Management Model Through Financial Technology Services in Bandung City Area to Promote The People's Economy

Waqf continues to develop as a pillar of people's economic power, from the conventional land waqf concept of social and educational facilities to the modern enough stage, now known as cash waqf money, cash waqf linked sukuk (CWLS) and fintech linked to the waqf fundraising process. The aim of this study is to provide an understanding of the legal status of waqf producers, through the use of fintech applications in the context of Law No. 41 of 2004 on Waqf and Law No. 11 of 2008 on Electronic Information and Transactions, and through a processing methodology to find an economic empowerment model for people with productive waqf assets. The study uses a methodology which refers to qualitative legal research. Research findings concluded that Fintech apps are not properly regulated by Waqf of the ITE Law, but are still permitted to be used in the management of cash waqf as long as they are not in breach of the law in force. In the management of waqf, Nazhir shall be liable and may be prosecuted in the event of a loss of waqf properties due to its negligence. Sharía Cooperatives registered as cash waqf nazhir and in cooperation with Bandung City Fintech companies are owned by BMT ITQAN only where they are financed by itqanmobile and involve the Fintceh platform kitawakaf.com with the help of the House Financing Assembly empowerment program for BMT member SMEs with waqf funds and the waqf management models

Inheritance of House Unit on Waqf Land from Islamic and Malaysian Law Perspectives

Waqf is considered as an important financial source in Islam. In Malaysia, waqf is held under the Department of Wakaf, Zakat, and Hajj (JAWHAR) at the federal level and the State Islamic Religious Council (SIRC) of the respective states for the state level. As the Malaysian population is growing nowadays, it has become necessary to develop waqf land into housing development. However, this research found that there are no specific works of literature on the concept of inheritance of housing units built on waqf land in Malaysia. Hence, this research aims to examine the concept of inheritance and waqf in Islamic law and Malaysian law, as well as waqf housing projects in Malaysia. This research is based on a qualitative and descriptive cross-sectional analysis through the governing statutes. The discussion from the Islamic perspective will be based on the Holy Quran, the traditions of the Prophet (PBUH), and the examination of the views of Muslim jurists of four well-known schools of law as well as the views of contemporary Muslim scholars. The research found that the inheritance of housing units on waqf land complies with Islamic law and Malaysian law. Its leasehold status makes it perpetual and inalienable, which coincides with the concept of waqf in Islam.

An Analysis towards the Sustainability and Management of Waqf’s Properties in Malaysia with References to Johor

In Malaysia, waqf properties are held and put under the Department of Waqf, Zakat and Hajj (JAWHAR) at the federal level and under the State’s Islamic Religious Council (SIRC) of respective states for the state level. However, all these properties need a lot of funds to manage them, and issues arose on sustainability and management of these waqf properties. The research found no guidelines identified explicitly in any investigation or findings on the appropriate guideline to solve this issue. Therefore, this research seeks to determine the actual problems and the legal and procedural constraints relating to the management and sustainability of waqf properties, especially in Johor, that has never been available before. Hence, using qualitative research method, which include content analysis and interviews during field studies; this research aims to produce a comprehensive solution and possible sources of funding for the effective management and sustainability of waqf properties in Johor. It is determined that the issue of the insufficient fund, lack of proper planning by waqf Mutawalli, unregistered waqf land under SIRC, and outdated data are among the problems that become impediments to waqf development. Therefore, Mutawalli carried a big responsibility to ensure that the waqf properties shall be developed according to the classes agreed and affirmed by the donor (waqif), leading to positive consequences to Malaysia's economic growth, especially in Johor.

Legalization of Waqf Forests in Indonesia: The Registration Process

Waqf (Islamic endowment) is considered one of the alternative solutions to environmental problems in Indonesia. One of the examples is through the establishment of a waqf forest, a conservation initiative in the form of developing forests on waqf land. The development of waqf forests needs to pay attention to the legal side in accordance with the laws and regulations of Indonesia. Previous studies discussed the process of legalizing waqf land in Indonesia, but research about the legalization of waqf forest land is still scarce. This study aims to determine the process of legalizing waqf forests on the basis of Indonesian laws and regulations. On the basis of the results of literature studies and expert interviews that were analyzed descriptively, the process of legalizing waqf forest is one of the main tasks of a nazir (waqf manager). The process involves at least three government agencies: the Ministry of Religion, the Ministry of Agrarian Affairs and Spatial Planning (National Land Agency), and the Ministry of Environment and Forestry. The waqf forest legalization process begins with making a waqf pledge deed at the local Office of Religious Affairs, followed by creating a waqf land certificate at the local Land Offices. A crucial step is to clarify that the represented land must be located outside the forest area through a statement from the Ministry of Environment and Forestry. The legalization of waqf forests will guarantee the sustainability of the forest because this process makes waqf forest legal under Islamic law and the law of the Republic of Indonesia.