JIES – Postgraduate School Universitas Airlangga

THE SIGNIFICANCE OF WAQF IN HISTORICAL AND TEORITICAL STUDIES

Nurwinsyah Rohmaningtyas Magister Sains Ekonomi Islam , Sekolah Pasca Sarjana Universitas Airlangga [email protected]

Sri Herianingrum Magister Sains Ekonomi Islam , Sekolah Pasca Sarjana Universitas Airlangga [email protected]

ABSTRACT

Rasulullah obligated waqf not only for places of worship such as mosques, but also productive facilities such as garden, wells and other. The aim is to drain the benefits of productive facilities for people who are less fortunate. Practically, waqf prove to be well understood by Western scientists. However, the implementation of waqf nowadays less than the maximum because the Muslim community’s understanding of waqf and the governments attention are still lack of attention, also the lifestyle of the Muslim community which is too glamour. To revive waqf, it takes an understanding to the significance of waqf. The used in this paper is to study literature by examining the books, journals or papers to be understood, as the issue has been formulated. The result of this research is waqf contribute significantly to the welfare of the people. Moreover, waqf that caters to the public eternally. In history, waqf significantly have proven in helping the state for equipping the public facilities without imposition of the state estimate. Hopefully, waqf will be one of the good solutions for economy. Keywords: Waqf, The Significance of Waqf, Welfare, Economic Solution. setting up schools and hospitals, INTRODUCTION providing graveyard for poor, providing scholars for the preachers, and supplying Endowment (waqf) is one of the weapon for jihad. Nevertheless, the instruments in Islamic economy. donors (wakif) are rarely ignored their Endowment is a social institution in Islam family and surrounding. There is a which had such important role in Muslim condition in the certificate of societies and the development of endowment that allows the donor to set Moslem countries. In fact, endowment aside money for them and their has been recognized by G.C Kozlowski dependents (Dumper, 1999). within a very brief description. Since Kozlowski has conducted He stated that endowment is a researchs on endowments, the donation or commonly known as a gift acknowledgement of endowments has which given to an individual or proven and could be understood by institution. In Islamic history perspective, it Western scientists. Mashlahah (See, is a donation which prompted to fulfil Sholihin, 2010: 498) stated that waqf is a the needs of Moslem's spiritual activities solution to overcome poverty in many such building and maintaining masjid, countries, such as Turkey in the Ottoman

39

Journal of Islamic Economics Science – Vol.1 No. 1

period, Singapore with Waree,, Malaysia every muslim will donate Rp. 1000 in with MUIS and Islamic Relief in UK each month, the endowment will reach (Assegaf, 2014). According to Umar Rp. 100 million every month. The Chapra, waqf institutions have played collected Waqf money must be an important role almost in entire history enormous and the benefits of the of the Muslims. However, this huge money could be used for various potential had not grantly used yet for purposes. For example, build public some reasons. Those reason are hedonic facilities, such as schools, hospitals and lifestyle and unfair tax policies (Chapra, etc. 2000: 300). The resurrection of this institution is expected to be able to Another example (Sukmana, reduce the burden on the government 2015) in the newspaper Republika, when to fund social welfare projects. some of the richest people in an area are united to build a long-term The development of waqf in investment like a toll roads. Assuming Indonesia is identically dealing with the that the activity of distribution of goods is setting up of masjid, graveyard, and always passing through toll roads and in school which could not significantly a crowded situation. It could be beneficial fo surrounding. In fact, other predicted that the revenue from toll countries such Egypt and Bangladesh road users will keep continue. The have developed the institution of waqf benefits from the endowed toll road prominently, thus, it became an endless could be altered to supply public health source of funding for economic facilities.Thus, the government could be development (Nasution, 2007:214). The helped by the actions of the public unsignificant of government role in endowments. In fact, the budgeted developing waqaf is believed to be one health fund could be transferred to of the factor. The role of waqaf is another sectors since it is already expected to increase the welfare of covered by the endowment. society within the publication of Law no.41 2004. The illustration above is a simple description of waqaf potential in Indonesia has the widest land of improving economic matters. This waqaf in the world. According to Ministry situation is expected to be applied of Religious Affairs, the endowment area suitably to overcome the economibal in Indonesia is 38930.54 hectares and problems in capitalist and socialist. spread over in 238.711 areas (Ministry of Endowment will be an instrument in Religion Affairs, 11 01 2016). Indonesia distinguishing those two principles, since has a huge potential of endowment, both of them still could not provide a especially cash waqaf. For example, solution in improving economical assuming that the population of matters, especially when it comes to the Indonesia is 240 million people and a welfare of society. Capitalist always put Muslim population is 85% of the entire the freedom above institution or population, and then Muslim population individual to gain their welfare, could reach 200 million people. meanwhile Socialist stated that the Assumed that half of the muslim were welfare is well planned by the not poor, there will be 100 billion muslim government. who will do endowment. If however

40

JIES – Postgraduate School Universitas Airlangga

Nevertheless, there are still many perspective. These differences are people who do not know about waqaf formed by the definition of money as a instrument of Islamic economic. In endowment which implicated to the fact, this instrument has not been status of endowment and the effects popular. Thus, Muslim society in from endowments law. Indonesia has not realize the management of waqaf as a provider in In etymology, the plural form of improving economy (Munir, 2013: 164). waqaf is awqafa. Its an Arabic form of Therefore, it is necessary to provide waqafa yaqifu and mashdar. Waqafa profound understanding about the means to endure, stop or stay in an endowment. The objective of this area. Waqafa yaqifu waqfan is similar research is to analyze the significance of with ẖabasa yaẖbisu taẖbisan (Al- endowments based on some theories Khâthib, 26). Munjid dictionary stated and its history. Hopefully, it could provide that waqafa al-dâru as ẖabasahu fî information like books, journals and sabilillahi which means those who papers, in order to raise the sense of bestow endowment in the name of developing endowment for activists of Allah, and waqafa an syaiin means Islamic economics in particular and mana’ahu anhu (they are endured) Muslims in general. As Islamic countries (Aninimous, 1986:914). In another source, has a very huge potential of endowment has the meaning of al- endowments, especially Indonesia, it is ẖabsu which means to endure and al- expected to evoke institution of man’u as to block (Rozalinda, 2014:14). endowments as a solution for economy Therefore, the synonym of al waqfu is al matters. And hopefully Indonesia ẖabsu or to endure which means al became the center of world man’u or to prevent. To prevent mean endowments. that waqf is preventing from destruction, bequested selling and unappropriate LITERATURE REVIEW way of selling not accordance to waqf.

The Definition of waqaf In terminology, Hanafiyah preachers determine the definition of Waqaf is an instrument of Islamic waqf as the endurement of someone economy which applied by muslim in else behalf who are giving waqf and 1400 years ago. This situation results in donate the benefit for others good now decreasing governments role in facing and then (Rozalinda, 2015). Based on economy matters and society has also the definition, the belonging of waqf thaking their part. They have a property is still belonged to the wakif , contribution to the government in evenmore wakif could took the property improving society’s welfare. In a brief back and sell it If however wakif is dead, way, endowment is contributed by the waqf property will be an inheritance society for the society and it supported for its heir Therefore, it could be by the government. Thus, both sides are concluded that the effect of waqf is synchronyzing in order to able to merely to donate its benefit. improve society’s welfare. From Malikiyah perspective, waqf In composing the definition of is a bestowal from the wakif in the form waqaf, Fiqh preachers have various of rental, or money (dirham) in a certain

41

Journal of Islamic Economics Science – Vol.1 No. 1

sighat and period of time as the will of In Indonesia, the rules governing wakif (Rozalinda, 2015). In a brief way, the waqf during this stipulated in the waqf property is still belonged to wakif, basic agrarian law No. 5 of 1960, and he / she still could detain it from its Government Regulation no. 28 in 1977 usage. Its similiar with previous on land owned perwaqfan. Waqf explanation that only take the benefit definition in this regulation is the legal from the waqf property . This perspective act of a person or legal entity that stated that, the endowment only applies separates the majority of the wealth in to a certain time, and hence should not the form of lands and institutionalize be implied as an eternal endowment. forever for the sake of worship or other public purposes in accordance with the The majority of Syafiiyah perspectives, teachings of Islam (Hasan, 1995: 71) .In they defines endowments by holding the addition, it also mentioned in the assets that could be used with fixed Compilation of Islamic law (KHI), based objects, and could resist Waqif and the on the president's instructions number 1 other from legal action which allowed is in 1991. Recently, the legislative aim to favor and draw closer to Allaah endowment legally start to get a (Rozalinda, 2015). Unlike the previous stronger position, i.e the law number 41 definitions of previous perspective, they of 2004 on endowments and the rules of have found the treasure that has Government in Indonesia number 42 changed the status in which belongs to year 2006 on the regulations in Allah SWT. Thus when wakif dies, the implementing the law number 41 of 2004 irheirs can not take back the treasure about waqf. In the legislation that has been passed on. And the endowments, they defined a legal act validity period of the waqf property is for wakif to separate and give up some forever. of their wealth to be exploited forever or in a certain period in accordance with The majority opinion of scholars Syafiiyah their interests or for worship purposes and based on hadith of the Prophet SAW: public welfare according to sharia.

Narrated by Abdullah Ibn Umar, In the Encyclopedia of Islam, Ibn Umar Khatab actually said: O endowments is defined by ceasing to Messenger of Allah I have acquired transfer ownership of a property that is wealth one hundred shares in Khaibar usable and durable in manner handed and I do not want to hang. And I want of the treasure to the manager, whether to draw closer to Allah. So, the Prophet individuals, families and institutions to be said, “just save the main and donate the used for the public interest for the sake result." (HR. Baihaqi) of Allah (Islamic Encyclopedia, 1994: 70) .To understand the definition of waqf, it is Another perspective which in accordance with the state of originally same as Shafi'i definition,its very Indonesian society, the definition is different in the term of the ownership of written in the law number 41 of 2004 that the waqf object. The ownership belongs has been accommodated. In the to mauquf a'laihi (waqf recipient), definition, it is explained that people can although mauquf a'laihi is not permitted follow the appropriate understanding of to act on the waqf objects, either sold or waqf based on madzhab that stating gave it away (Zuhaili, 7599). waqf was not timed or permanently. Thus, the government accommodate all

42

JIES – Postgraduate School Universitas Airlangga

the waqf understanding expressed by However, this circumstance preachers of various madzhab. And is emerges as the tendency of an expected to encourage the Muslim endowment to be selfish, and the waqf community in Indonesia to do waqf in all property is often used only for relatives. its forms. For example, the waqf property is given to the heirs who do not care about The Division of Waqf society needs. In addition, because it is not continuously and hardly to Generally, the practices of waqf is determine the recipient of endowments. divided into two models, namely family Reflecting to those problems,Syria and endowments (al-waqfu al-ahliyu) and Egypt that originally allow the expert of public endowments (al-waqfu al- endowment, now they do not permit khairiyu). Waqf ahly or dzurri is intended anymore (Islamic Encyclopedia, 1994: for the benefit and social security in a 170). Egypt menghukuminya through Act family whether for is relatives or No. 180 in 1952. individuals (Sabiq, 1971: 378). As performed by Abu Talha to his nephew While waqf khairi is an which instructed by Prophet endowments which intended for public Muhammad as stated in the hadith use. For example, donations of land for narrated by Imam Bukhari and Imam the construction of the masjid or waqf Muslim: land plot for educational institutions. Both of these models have done since It has been told Yahya bin Yahya, long before the presence of Islam. But he said, "I tell you a hadith to Malik Islam provides economic system which narrated from Ishaq ibn 'Abdillah, that are easier, more independent and he heard Anas Ibn Malik said," Abu Talha more appropriate as described in al- is a friend Ansar which has the widest Qur'an al-Karim: date gardens in Medina. The most precious one is Bairaẖa ' which located The likeness of those who spend in front the Nabawi masjid. The Prophet their wealth in the Way of Allah, is as the has entered into the fields to take likeness of a grain (of corn); it grows Baihara’ there, right after the descendof seven ears, and each ear has a hundred this verse, "Never one of ye will reach to grains. Allah gives manifold increase to the perfect of virtue before you spend whom He pleases. And Allah is All- most of which ye love" then Abu Talha Sufficient for His creatures' needs, All- replied, the treasure that I love the most Knower. (QS. Al-Baqarah, 2: 261). is Bairaha '. It will be donated as Allah’s commands, therefore, its you to put it in On the other hand, specifically places that you want ". The Prophet Mundzir Qohaf explained that the said, I understand what you say, I think, endowment is divided into several types you’d better give it to a relatives. We will based on the destination, time limit, and do that the Messenger of Allah, Abu use of the goods (Qohaf, 2005: 161). Talha replied, then he split them out to relatives and nephew (HR. Bukhari and The varieties of waqf based on its Muslim). purpose:

43

Journal of Islamic Economics Science – Vol.1 No. 1

1. Social Waqf for the good of society. activities and the results are The purpose of waqf is for public interest, given in accordance with the as well as waqf khairi. purpose of waqf.

2. Waqf family, the purpose of waqf is to The division of waqf above is also benefit wakif, his family, his descendants, in accordance with the opinion of the and certain people, whether rich or experts of fiqh, they agree on various poor, sick or healthy, young or old. types of waqf, except the temporarily waqf which found only in Maliki fiqh 3. Combination of Waqf musytarak, the (Athoilah, 2014: 31). Thus, to choose one waqf for common interest and family of the opinion of some scholars is simultaneously. allowed.

The varieties of waqf based on a time The Legality of Waqf limit The basic law of endowment is 1. Waqf eternal, the form of based on the emigration of Prophet the waqf is timeless, such as Muhammad emigrated to Medina. land and the buildings. The However, there are two opinions that chattels which determined by developed among fukaha about who wakif as a productive and was first to carry about the Shari'a of eternal waqf, which has a endowments. According to some result to be shared according scholars, the first who defined the waqf to waqf purposes, while the law was Prophet Muhammad. Prophet rest of it as the maintenance Muhammad donated the land for the costs to repair the damage. construction of masjid. This opinion is based on the hadith narrated by Umar 2. Waqf temporarily, the form Bin Syabah of 'Amr Bin Sa'ad Bin Mu'adh, of the waqf is a perishable he said: goods without giving the terms for replacing the damaged We asked about the first endowment in parts. Waqf temporarily is also Islam, the Mujhajirin said it was Umar used as the wakif want to give waqf, while the Anshar said it is the time limit to the waqf property. Prophet Muhammad’s waqf (As Syaukani, 129). The varieties of waqf based on the user In the third year of Hijrah, 1. Direct Waqf, the form of the Rasulullah had donated seven farm of waqf is used to achieve its dates in Medina. The four of them are goals, such as a masjid for garden of A’raf, Shâfiyah, Dalal, Barqah prayers, a school for teaching and other gardens (Mora, 2013: 4). The and learning activities, gardens are actually a gift from a Rabbi hospitals to treat the sick and named Bani Nadir Mukhairik (Gusfahmi, so forth. 2011: 116). He had converted to Islam and give seven gardens to the Prophet, 2. Productive Waqf, the form and the garden was endowed (waqf). of waqf is used to production

44

JIES – Postgraduate School Universitas Airlangga

The opinions of other scholars said knowledge (by which people) benefit, that the Shari'a commandment about or a pious son, who prays for him (for the endowments began when Umar ibn deceased) (HR. Muslim ) Khatab was donating the land of war in Khaibar. Most of the scholars said that The scholars interpreted that the words the sharoiah of endowment is stated by charity in the Hadith as an equal to Umar. As described by Ibn Abi Abi waqf. Shaybah, indeed the first who practice the waqf is Umar (Al Bassam, 1997: 252). I was present at the house when 'Uthman looked out over them and said: Dalil of Waqf 'I adjure you by Allah and by Islam, are you aware that when the Messenger of The proposition that explains Allah came to Al-Madinah, and it had Shari'a endowments are as follows: no water that was considered sweet (suitable for drinking) except the well of Dalil from the Quran: Rumah, he said: "Who will buy the well of Rumah and dip his bucket in it alongside O you who believe! Bow down, the buckets of the Muslims, in return for a and prostrate yourselves, and worship better one in Paradise?" and I bought it your Lord and do good that you may be with my capital and dipped my bucket successful. (QS. Al Hajj, 22:77). into it alongside the buckets of the Muslims? Yet today you are preventing By no means shall you attain Al- me from drinking from it, so that I have to Birr (piety, righteousness, etc., it means drink salty water.' They said: 'By Allah, here Allah's Reward, i.e. Paradise), unless yes.' He said: 'I adjure you by Allah and you spend (in Allah's Cause) of that by Islam, are you aware that I equipped which you love; and whatever of good the army of Al-'Usrah (Tabuk) from my you spend, Allah knows it well. (QS. Ali own wealth?'…..( HR. Bukhari, Tirmidzi Imran, 3:92). dan Nasa’i.).

O you who believe! Spend of the This hadith is explained that Utsman bin good things which you have (legally) Affan has bought a well in Medina, then earned, and of that which We have he gave it as waqf for the society produced from the earth for you, (Q.S. interest and himself also used it for Al-Baqarah, 2: 267). everyday life(Hafidhuddin, 2003:122). Narrated from Ibn `Umar:Umar bin ...except that you do kindness to Khattab got some land in Khaibar and those brothers (when the Prophet joined he went to the Prophet to consult him them in brotherhood ties called Islam)... about it saying, "O Allah's Messenger I (Q.S. Al Aẖzâb, 33:6). got some land in Khaibar better than which I have never had, what do you Hadith from Prophet Muhammad saw: suggest that I do with it?" The Prophet said, "If you like you can give the land as Abu Huraira (Allah be pleased endowment and give its fruits in charity." with him) reported Allah's Messenger as So `Umar gave it in charity as an saying: When a man dies, his acts come endowment on the condition that would to an end, but three, recurring charity, or not be sold nor given to anybody as a

45

Journal of Islamic Economics Science – Vol.1 No. 1

present and not to be inherited, but its him. While the relationship with humans is yield would be given in charity to the to create social awareness among poor people, to the Kith and kin, for fellow Muslims. Lessons of waqf is to freeing slaves, for Allah's Cause, to the facilitate eternally all the goodness for travelers and guests; and that there progress of Muslims (Ghazaly: 2015: 182). would be no harm if the guardian of the endowment ate from it according to his Referring to the waqf which need with good intention, and fed performed at the time of Rasulullah and others without storing it for the future." khulafa al Rasyidin, it could be (HR. Bukhari, Muslim, Tirmidzi dan concluded that several purposes based Nasa’i). on waqf they have done is as follows (Furqan, 2012: 52). Narrated `Abdullah bin `Umar:`Umar bin Al-Khattab gave a horse in charity in First, to achieve food security for Allah's Cause and later he saw it being the Muslim community, it is reflected in sold in the market and intended to the waqf Abi Talha who endowed purchase it. Then he went to the Prophet Bairuha gardens and make the profit for and asked his permission. The Prophet the poor and relatives. Also reflected in said, "Do not take back what you have the well waqf Rumat by Uthman ibn given in charity." For this reason, Ibn Affan Islamic society so that water needs `Umar never purchased the things which can be fulfilled. he had given in charity, and in case he had purchased something Second, to strengthen the power (unknowingly) he would give it in charity and important position of Muslims, and again (HR. Bukhari). protect themselves and defend the faith and religion. This goal is reflected in the As stated in the hadith, the charity is the endowments of weapons carried by the waqf of a horse or the chattlers warlord Khalid bin Walid. (Athoilah, 2014:12). Thus, to give a waqf within a chattlers is permitted. Third, the spread of dakwah islam, the place for the teaching of islam and Purpose of waqf for the Islamic generation. This objective is reflected in waqf masjid as the Waqf is not like the usual Prophet Muhammad did in Quba and donation, the rewards and benefits are Nabawi masjid. bigger, especially for wakif. Because the reward of endowment will continue to Fourth, to provide a shelter for flow as long as they can be used. As families, the poor and guests. This goal is infak, zakat and sadaqah, endowments reflected in the waqf house done by the have two orientation purposes, namely shahabiyah. ẖablu mina al-Nas and ẖablu minallah. A relationship with God is a form of The conclusion that can be obedience and a curiosity to obtain a drawn from some of the objectives of good deeds continuously through waqf the practice of waqf performed by the from Allah though he has died. It is also a Prophet and his companions, they try to form of human gratitude for the favors find sources that remained stable for the treasure that has been given by God to needs of the community, in the fields of

46

JIES – Postgraduate School Universitas Airlangga

religion, clothing, food, housing, and Germany (Mora, 2014: 7). The education, economics, health and practice of waqf in Egypt done by the security (Furqan, 2012: 53). In addition, to second Raja Ramsi in setting a place of strengthen the brotherhood among the worship "Abidus" where the area is very Muslims. spacious. As in the tradition of ancient Egypt, the people who manage the The History of Waqf property left by mayyit (inheritance), the result is given to his family and his The Appliance of Waqf Before Islam descendants. And so on, the managing can take part of the results of such The practice of waqf has been property, but the property should not be known since long before the presence the principal property of anyone. of Islam brought by the Prophet However, the meanagement of such Muhammad, although with different property should be in a circle, by means names and terms. It is an evidence that a rotating and alternating system from many places of worship are maintained the eldest to the youngest on the and taken care, then the profit is to condition that should not be owned. finance the maintenance of them and Muamalah practice is actually not an to honor the preachers. Before Prophet endowments, but the principle can be Muhammad bestow to earth, there are said to be very similar to the practice of many places of worship, such as the family endowments (al-waqfu al-ahliyu). Masjid al -Haram and Masjid al-Aqsa. Both of these places have stood before In Germany, there are rules that the presence of Islam. The place is not provide capital to one family in a certain the property of anyone, but belongs to period of time to its management. In Allah SWT for the benefit of the people. which the treasure belongs to the family Based on its history, as mentioned in the or ownership alternately starting from the Quran, that endowment has been run family of the man and then the woman's since the prophetic Ibrahim (Huda, 2012: family with the requirement such 312). At the time of the prophet Ibraham property may not be sold, and should built the Kaaba as a form of sacrifice not be passed on and not be granted. and devotion to Allah, this place is the But the authority of such property can first worship place. The construction was only be managed and retrieved results. done by the people at that time, to worship Allah. This was stated in the Waqf in the Era of Rasulullah saw Qur'an: Endowments have a long history A house in which initially built for since the beginning of the development the man to (place of worship), is of Islam. In the previous history of waqf, Baitullah which Bakka (Mecca) blessed the Prophet had practiced it before the and a guidance for all mankind (Qur'an, law of endowments has emerged. Ali Imran, 3:96). Endowments started simultaneously with the commencement of the prophetic Over countries around the world, period of Muhammad in Medina, which there has been similiar type of waqf is marked by the construction of Masjid before the presence of Islam. As an Quba (Rozalinda, 2015: 13). This is seen example, there are Egypt, Rome (Italy), as the first of Islamic waqf. Then, it was

47

Journal of Islamic Economics Science – Vol.1 No. 1

proceed with the construction of the In addition, another companions masjid of the Prophet on the land of who also flocked to do endowments, as orphan purchased and endowed by the well as Abu Bakr Al-Siddiq is donating a Prophet Muhammad. Further plot of land in Makkah for the offspring implementation is followed by Uthman who come to Makkah. Uthman donated Bin Affan who purchased wells and waqf his wealth in Khaibar. Ali Bin Abi Talib to the interests of the Muslims. Even the endowed his prosperous land. The endowments from Usman Bin Affan is still companion Muadh ibn Jabal also maintained until now by the ministry of donating his house, which is popular as endowments in Saudi Arabia. Dar al-Ansar. Then the implementation of other friends endowments followed by Abu Talha is also donating his Anas Bin Malik, Abdullah Bin Umar, beloved treasures, this situation was the Awwam Bin Zubair and Ayesha wife of cause of the emerged of 92 verse in the Prophet. surah Ali Imron. Waqf in the Era of Islam Dynasties Said Abu Talha Al-Ansari: O Messenger of Allah, verily my In Islam history, there’s a lot of favorite treasure is Bairaha '(a dynasties that controlled the various cozy well water) and it is regions in the world. Some of the expected to be sodaqoh dynasties were the Umayyad, Abbasid, kindness and reward from Him. Mamalik, Ottoman Turks and others. At Then take advantage of her ya the time of the Umayyad and Abbasid Rasulallah, in accordance to many people are flocking to apply waqf which God showed to you !. The rules. At that time, waqf is not only for Messenger said: Good, good! It is the poor, but also for the development a treasure that beneficial, give as of educational institutions, libraries, and waqf and produce (reward) (Al- payment of the salaries of workers and Sibaiy, 1985: 114). teachers, evenmore the endowment for scholarships for students. The enthusiasm Another waqf which is conducted of the community in implementing waqf in early Islam, Umar Ibn Khattab waqf to has attracted the attention of the the land of the spoils at Khaibar, in the government of that time to set the year 7 H. In fiqh, this event was management. Therefore, the considered to be the first in the Islamic management waqf is undertaken by the waqf. When Umar as the khalifah wrote government. At that time, the waqf document that suggests some government made waqf as a sector to elements of production, namely land, build the social and economic solidarity. the management of waqf (Nazhir), and the slaves who worked the land (Al- At first, the motive for endowing is Harith, 2014: 96). Thus, Nazhir is a basic only a gratitude or charity as the rich element in the activities of waqf. The receive their wealth. The implementation existence of Nazhir is a must, even if the was managed individually without a wakif did not require nazhir not to definite rules. However, after the Islamic managed their waqf, then it is not society concern on how muchthe permitted or canceled. benefit from the endowments, the set to manage the endowment is formed. The

48

JIES – Postgraduate School Universitas Airlangga

establishment of waqf agency is arose in land is out of rage, Salahuddin Al Ayubi which, set the management, intend to submit most of the lands as the maintenance and use of waqf property, maintenance for religious and social generally for masjid, individual or family. foundations. It could be said that the state of society in the region is very At the time of the Umayyad prosperous. As waqf stands for a dynasty, Tauba Bin Ghar Al-Hadramy complement of zakat, only those who strongly supports the development of have fulfilled zakat that able to practice waqf. He was a judge in Egypt at the it. time of Hisham bin Abdul Malik. To develop the endowment, Tauba had When the era of Mamluks, the established waqf institutions under the endowment is also quite promising. At supervision of a judge (Mora, 2014: 12). that time, everything which results in This agency is the first endowment advantage could be include as waqf. established in Egypt, even the first Even the bondsmen is a waqf. Usually, among all of Islamic countries. At that they are endowed to be treated in the time the management of waqf carried religious institutions (Mora, 2006: 9). out by the Justice Ministry, and the Buldings and lands are the most waqf benefits distributed to the eligible and property to be endowed. needy. In this case, the institution of waqf role in eliminating poverty, misery, At the era of the Ottoman disease, illiteracy, creating uneven dynasty which controlled most of the distribution of wealth (Chudhry, 2012: Arab region and Europe, they also 92). developed waqf. The accounting of regulation is one among the laws issued Abbasiyah dynasty has waqf by the Ottoman dynasty to implement institutions named Sadr al-Wuqûf, which endowment. The law was issued on 19 act as a caretaker administration and Jumadil Ukhra 1280 H (Mora, 2006: 10). management staff of the institution The contents of the law is to regulate the selectors waqf (nadzir). Thus, the use of registration of endowments, endowment endowments has been set up well certification, management of waqf and during this dynasty. As a result, waqf is explanations the goal of the formation of social fcilities such as institutionalization endowments. schools and hospitals. As another social Institutionalization is to attempt the facilities such are building dormitories realization of waqf in terms of and hotels for the travelers and poor administration and legislation. In the next people (Al Sibaiy, 1985: 115). Therefore, year, in 1287 H, Ottoman Empire the endowment fund at the time it was summoned to publish the laws that used to finance a wide range of describe the position of the lands and charities. the productive lands in Ottoman rule the status of waqf (Mora, 2006). Thus, the In Egypt, when the Ayyubid endowment could be used as a variety dynasty ruled the area, the to facilitate the public. As an example, development of waqf is quite promising, the establishment of houses for the poor since almost all the agricultural land in to be inhabited by anyone who can not Egypt are endowed and all managed buy or rent (Al Sibaiy, 1985: 115). by the state. In fact, since the waqf of

49

Journal of Islamic Economics Science – Vol.1 No. 1

Waqf in Other Countries Egypt was able to provide assistance to the lives of the poor, orphans, small Waqf in Egypt traders and others. Also for the improvement of public health, the One of the most developed waqf establishment of hospitals, and the management until this year is Al Azhar provision of medicines to the public. And University, Cairo, Egypt. More than 1000 last but not least to the development of years old of its age, this university has science and technology. very huge waqf property. Its not only the endowment of land, building and farm Waqf in Saudi Arabia evenmore, the endowment of money. This various waqf, Al-Azhar university is Saudi Arabia is a historical country able to finance the operational of its as Islam has bestowed. Therefore, the eduaction over centuries without endowment which is taught in Islam depent to the governments funding and automatically become the priorities in the tuition fee. Furthermore, this university economic development. Through the is able to provide scholarships to more decrees No. 574 in16 Rajab 1386 H and than thousands student over centuries royal decree No. 35 in 18 Rajab 1386 H, from all over the world. In addition, Kairo the endowments department was has enormous numbers of masjid which officially established. The department is is built from peoples waqf. Thus, this city in charge of waqf property and is known for the city of hundreds towers manage them productively. As a follow or masjid. This university has also become up, the chairman of this department is the rolemodel and an inspiration in the Ministry of Hajj and endowments. managing the development of waqf in Indonesia (Muallim, 2015:119). Endowment in Saudi Arabia has many forms, such as hotels, land, In history, to organize and buildings for residents, shops, gardens manage the waqf property and make and places of worship. The endowments plans to manage endowments are various, some of them are productively, the Egyptian government managed and designed specifically for established a Diwan al-Auqaf. This the two holy cities, Mecca and Medina. department was formed on November This specificity applies to waqf property 20, 1913 and the issue of waqf in Egypt is around Masjid al-Haram and Masjid al- administered directly by the Ministry Nabawi. The benefits of these (wizârah al-Awqaf) (Religious Affairs, endowments deliberately preferably for 2014: 18). In 1971 the Egyptian the two cities, as a welcoming guest government formed Waqf Board (Badan from Allah, to those who go to Mecca Waqf). The agency task is to handle the for the hajj. In addition, endowments in waqf property and development in other countries in middle east are accordance with Egyptian law No. 80 of destined for communities in need. The 1971. Its authority is to plan, distribute management was carried out by a and report the waqf property to the direct Nazhir reported on its state and society. implementation and management to the kingdom (Mamlakah) (Athoillah, The result of the development of 2014: 50) (Djunaidi, 2006: 37). waqf endowments by the agency,

50

JIES – Postgraduate School Universitas Airlangga

Waqf in Bangladesh The endowment is quite different in neighbor country Malaysia. Fiduciary In another Muslim countries, such waqf affairs is the Ministry of Religious Bangladesh, endowments became one Affairs. The type of waqf in Malaysia is of the Islamic economic instruments divided into two called waqf ‘âm and developed. In this modern era, Prof. Dr. khâsh. Waqf ‘âm is a treasure for the M. A. Mannan formed cash waqf to benefit and socio-economic establish an agency called SIBL (Social development for Muslims. Wakif is not Investment Bank Limited) in Bangladesh. requiring a certain thing on the waqf SIBL introduced the Certificates of property, but it is the nazhir who Endowments Cash (Cash Waqf responsible on its waqf. While waqf Certificate) for the first time in the history khash is waqf that included a certain of banking. SIBL raised funds from the conditions by the wakif. As an example, rich to be managed and distributed the the person who is donating a special profits to the poor (Nasution, 2007: 216). treasure to school, mosque or other In addition, beside the Certificate means. Endowments Cash, SIBL also developed another Islamic financial instrument, As the development of waqf, those are Bonds Development Tools Malaysia invested the waqf property Endowments (Waqf Properties through sukuk instruments. Sukuk are Development Bond), Certificate of used to develop the benefits of waqf Endowment Family (Family Waqf property in the collaboration with Certificate), Bonds Development Tools Malaysian capital market. The sukuk Masjid (Masjid Community Share), issuance is done by Suruhanjaya Security Certificate Paying Zakat (Zakat / Ushar in February 2001. In addition, the Payment Certificate), Certificate of published of the waqf shares in some Deposit Hajj (Hajj Saving Certificate), areas such as, Johor, Malaka and and others (Athoillah, 2014: 50). Selangor. This is applied in accordance with the decision of Majma 'Islamic In Bangladesh, waqf property is Jurisprudence on November 24, 2005 managed by the Administration of Waqf (Chik 2007). As a guarantor of cash and the foundations which registered in waqf, this country formed Slow Takaful the administrative of waqf in Ministry of Endowment (Pelan Takaful Waqf) by Religious Affairs Bangladesh. In these Syarikat Takaful Malaysia Berhad in 1997 countries there are 8317 Islamic with the principle of mudaraba. educational institutions, 123,000 masjid, the ground for the Eid prayer 55 584, 21 Beberapa contoh waqf yang 163 burial grounds, and other social berhasil di Malaysia dan bertahan institutions 3,859 which belong as waqf sampai sekarang adalah, Madrasah Al- property (Rozalinda, 2015: 386). The Attas yang didirikan pada tahun 1860 di endowments in the country has made a Pekan Pahang, dan berkembang di significant contributions to the society to daerah Johor pada tahun 1912. Sekolah get the right education, health care and Agama Arab Al-Masriyah yang didirikan other social services. pada tahun 1908, Madrasah Khairiah Islamiah di Pulau Pinang, Ma’had Al- Waqf in Malaysia Yahwiyah di Perak, Maktab Mahmud, Kolej Islam Malaya (Zaki, 2008:42). Yang

51

Journal of Islamic Economics Science – Vol.1 No. 1

mana dengan beberapa sekolahan In UK, there is an organization tersebut telah menghasilkan banyak which dealing with endowment called alumni yang berperan dalam kemajuan Islamic Relief. Islamic Relief is an negara Malaysia. Dan ini merupakan organization which managing cash bukti bahwa sektor pendidikan waqf endowments that able to collect merupakan prioritas utama dalam money every year not less than 30 million pengembangan waqf di Malaysia. pounds and equivalent to 600 billion Seperti yang disebutkan oleh Anwar rupiah. The cash waqf funds Allah Pitchay dalam penelitiannya pada professionally managed and distributed tahun 2014. Berdasarkan penelitiannya, to 5 million people in 25 countries. sektor yang paling diminati oleh seorang Indonesia is one of the countries that wakif dalam pengembangan waqf obtain the funding of these tunai di Malaysia adalah pendidikan. endowments. The endowment fund is Peringkatnya adalah 1. Pendidikan, 2. intended for community development, Kesehatan, 3. Masjid dan Madrasah 4. in cooperation with Bait al-Mal Kesejahteraan Sosial, 5. Perdagangan, 6. Muammalât. One of the distribution is to Lingkungan, 7. Infrastruktur dan 8. develop the Bait al-Mal wa Tamwil (BMT) Kesenian dan warisan kebudayaan in ten rural villages in Banten province (Pitchay, 2014:13). (Rozalinda, 2015: 390). ,

Waqf in Non-Muslim Countries Waqf in Indonesia

As waqf is applied Muslim The development of waqf in countries in, waqf in non-Muslim Indonesia is n accordance with the countries are also practiced. The rules of spread of Islam in Nusantara. Aside in waqf is also done by Muslims in those the name of dakwah, the preachers countries. In the United States, have also taught endowment rules to endowments used for public interest, Indonesians. As the necessity of worship such as the needs of humanity, and place, muslim in Indonesians are endowments for special interests such as required to donate their land as waqf education, health, scientific research, property. In fact, the rule of waqf had and etc. In New York city, the spread along Nusantara. It is proven by endowment is managed by the Kuwait the existence of enormous historical Awqaf Public Foundation (KAPF) which masjid that built as the name of waqf. involving Al Manzil Islamic Financial Service for the investment. The form of There are several submission form the waqf which applied in the United for public interest which similiar to waqf States are waqf companies, in Indonesia. In the era of Empu Sendok endowments families, endowments for in Ponorogo, it is called as Huma religious minorities, such as the North (Rozalinda, 2015:236). Huma is area of American Islamic Waqf foundation that land or forest which bestow from the was built specifically for the Muslims in king to his people for the sake of 1971. The foundation of endowments humanity, such cattle animal, firewood are not profit-oriented, but rather than collection and etc (Praja, 1995:34). The focus on religious services, physical similiarity to waqf, people could obtain education, health and others. the benefit from the land. Thus, the welfare is not only belong to the king,

52

JIES – Postgraduate School Universitas Airlangga

but also belong to the people. Another developed by endowments similiarity to waqf is called Huma empowerment patterns productively, Serang. In Banten, Huma Serang is a yet has not been maximum (Antonio land which belonged, took care and 2007). As an example, the development harvested for common interest of waqf productive deals with business (Hasanah, 1997:127). In Lombok, there’s unit to support educational activities also a tradition land called Tanah that leads to educational institutions Pareman. Its land which exempt from tax which independently developed by its submission and freely given to villages institutions. It has been practiced in and, Subak or to the temples for the Pondok Modern Darussalam Gontor common good (Ali, 1998:94). Tanah since its establishment in 1926. Pusako Tinggi another form of waqf in Minang. Its land which belong to the The third phase is the professional tribe that managed hereditary and period. In this period the waqf property is utilized together to finance the empowered its potential to become a economic needs of the family productive endowments. The (Rozalinda, 2015:237). As the spread of empowerment of waqf property was waqf form in Indonesia, it could be supported by professionals human stated that waqf or another term has resources and well managed report. been applied by almost people in And finally, the arisen of some waqf Indonesia. The existence of waqf and its institutions, such as Tabung Waqf benefit could guarantee the welfare for Indonesia, Republika Dhuafa Wallet and people in general. Endowments Money Muamalat Baitul Maal Muamalat. In terms of political will, The history management of waqf the government supports it with the in Indonesia is divided into three major publication of Law No. 41 of 2004 about phases (Antonio 2007). The first phase is waqf. Then it followed by the a transitional period, which put the establishment of Indonesian Waqf Board endowments as religious teachings (BWI) based on the decision of the (mahdhah) (Rozalinda, 2015: 238). Waqf President of the Republic of Indonesia objects are mostly only for physical Number 75 of 2007. According to the development as masjid, schools and Law No. 41 of 2004, Indonesian Waqf burial ground. Due to the existence of Board (BWI) is an independent agency these facilities, people could live their which duty to develop the endowment lives nicely. In this period the in Indonesia. This results in the endowment has not contributed development of public facilities which is extently in social due to the consumtive funded by the waqf institutions, such as lifestyle (Antonio 2007). However, the hospitals, schools, water facilities, welfare of society in terms of religion and electricity and others. intelligence have been adequately fulfiled, because the public has been CONCLUSION able to practice their religion in peace and obtain a proper education. Islam has inherited all kinds of knowledge that exist in the world, The second phase is a semi- including economics. Waqf is a legacy professional period which the to help communities in economic terms. management of waqf property Islamic state and Islamic society should

53

Journal of Islamic Economics Science – Vol.1 No. 1

be able to practice and even develop Marâm. Makkah: Maktabah Al such heritage. The system has been Nahdhah al-ẖadîtsah Jilid 4. 1997. applied before Islam come and was Al-Haritsi, Jaribah Bin Aẖmad. Fikih developed by the Prophet Muhammad, Ekonomi Umar Bin Al-Khathab. as well as continued to be applied Jakarta: Pustaka Al-Kautsar. 2014. during the khulafâu ar-Rashidun, Islamic Al-Khâthib, Muẖammad. Al-Iqnâ’, Beirut: dynasties, until the Islamic countries Dâr al Ma’rifah. t.t. today. It could be concluded that this Ali, Muhammad Daud, Sistem Ekonomi system has mingled with the public and Islam Zakat dan Wakaf, Jakarta: UI Press. could be received by the society. From 1998. the above description, it could be Al-Siba’iy, Musthafa. Sumbangan Islam concluded that endowments contribute Kepada Peradaban Dunia. significantly to the welfare of the people Surabaya: Mutiara Ilmu. 1985. in general. Moreover, the endowments Al-Zuhaili, Wahbah. Al-fiqhu al-Islâm wa which publicly or eternally system. Adillatuhu, Damaskus: Dar al Fikr Al Historically, the significance of Muâshir. t.t. endowments have proven to help Aninimous, Munjîd fî al Lughati wa al countries, particularly Muslim countries in A’lâmi, Beirut: Dâr Al Masyriq. 1986. the provision of public facilities without Assegaf, Yasmin Umar. Islamic charged from the government budget. Coorporate Governance pada The countries are helped by the waqf Institusi Wakaf: Analisis Syuratic – system, all the infrastructure could Meta-Synthesis, Surabaya: Sekolah bebuilt with an independent budget Pasca Sarjana Universitas from the public. The benefits from the Airlangga, 2014. infrastructure could be transferred to the Athoillah, M, Hukum Wakaf: Hukum poor. As a result, the economy will also Wakaf Benda Bergerak dan Tidak be encouraged because of the speed Bergerak dalam Fikih dan of the funds (velocity of money), Peraturan Perundang-undangan di especially from the wakif to the poor. Indonesia, Bandung: Yrama Widya. Later on, Waqf is expected to be one of 2014. the solution for the economy of a Chapra, Umer. Islam dan Tantangan country. Ekonomi, terj. Ikhwan Abidin, Jakarta: Gema Insani Press. 2000. In fact, this writing is only a Chaudhry, Muhammad Sharif. Sistem general description of the significance of Ekonomi Islam Prinsip Dasar. Jakarta: endowments. There are still many of Kencana. 2012. shortcomings. It is expected for the next Chik, Mohammad Nazri. Wakaf dan author to review the different methods, peranannya dalam Pembangunan as well as focusing on one product of Ummah, Ilmuone.wordpers.com. endowments, such as hospitals, schools, 2007. water facilities and other or one of the Dewan Redaksi Ensiklopedia Islam. waqf institutions. Thus, the significance of Ensiklopedi Islam, Jilid V, Jakarta: endowments more clearly visible. Ichtiar Baru Van Hoeve. 1994. BIBLIOGRAPHY Djunaidi, Ahmad dan Thobieb Al-Asyhar. Menuju Wakaf Produktif, Depok: Al-Bassam, Abdullah Bin Abdurraẖman. Mumtaz Publishing. 2007. Taudhîẖul Aẖkâm min Bulugh al-

54

JIES – Postgraduate School Universitas Airlangga

Dumper, Michael. Wakaf Muslimin di Pengelolaan Harta Wakaf Negara Yahudi, Jakarta: Lentera. Pendidikan di Indonesia (Studi 1999. Terhadap Ijtihad dalam Furqon, Ahmad. Wakaf Sebagai Solusi Pengelolaan Wakaf Pendidikan di Permasalahan Dunia Pendidikan di UII dan Pondok Modern Gontor), Indonesia, Jurnal Taqaddum, Vol. Jurnal Akademika, Vol. 20, No. 01. 4, No.2, 2012. 2015. Ghazaly, Abdul Rahman, dkk. Fiqh Nasution, Mustafa Edwin. Pengenalan Muamalat, cetakan ke-4, Jakarta: Eksklusif: Ekonomi Islam. Jakarta: Prenada Media Group, 2015. Kencana. 2007. Gusfahmi. Pajak Menurut Syariah. Pitchay, Anwar Allah, Ahmed Kameel Jakarta: Rajawali Pers. 2011. Mydin Meera dan Muhammad Hafidhuddin, Didin. Islam Aplikatif. Yusuf Saleem, Priority of Waqf Jakarta: Gema Insani Press. 2003. Development Among Malaysian Hasan, Tholhah. Perkembangan Cash Waqf Donor: An APH Kebijakan Wakaf di Indonesia, Approach, Journal of Islamic Republika. 2008. Finance, Vol. 3 No. 1. 2014. Hasan, Sofyan. Pengantar Hukum Zakat Praja, Juhaya S. Perwakafan di dan Wakaf. Surabaya: Penerbit Al-Ikhlas. Indonesia, Sejarah, Pemikiran, 1995. Hukum, dan Perkembangannya, Hasanah, Uswatun. Peran Wakaf dalam Bandung: Yayasan Piara. 1995. Mewujudkan Kesejahteraan Sosial Qohaf, Mundzîr, Al-Waqfu al Islâmiyu (Studi Kasus Pengelolaan Wakaf di Tathawwuruhu, Idâratuhu, wa Jakarta Selatan), Disertasi, Jakarta: Tanmiyatuhu, Terjemahan: IAIN Syarif Hidayatullah. 1997. Muhyiddin Ms Ridha, Jakarta: Huda, Nurul dkk. Keuangan Publik Islami Pustaka Al-Kautsar Group. 2005. Pendekatan Teoritis dan Sejarah. Sâbiq, Sayid. Fiqhu al-Sunnah. Libanon: Jakarta: Penerbit Kencana. 2012. Dâr al A’rabi. 1971. Kementrian Agama Republik Indonesia Sholihin, Ahmad Ifham. Buku Pintar Direktorat Jenderal Bimbingan Ekonomi Syariah, Jakarta: Masyarakat Islam Direktorat Gramedia Pustaka Utama. 2010. Pemberdayaan Wakaf. Fiqih Sukandy, Muh. Sjarief. Tarjamah Bulugh Wakaf. Jakarta. 2006. al-Marâm. Bandung: Al-Ma’arif. 1986. Kementrian Agama Republik Indonesia Sukmana, Raditya. Signifikansi Wakaf. Direktorat Jenderal Bimbingan Republika. 2015. Masyarakat Islam Direktorat Rozalinda. Manajemen Wakaf Produktif. Pemberdayaan Wakaf. Pedoman Jakarta: Rajawali Pers. 2015. Pengelolaan dan Perkembangan Zaki, Ahmad b. Hj. Abd Latif, Norzaidi b. Wakaf. Jakarta. 2013. Mohd. Daud dan Che Zuina bt. Mardani. Ayat-ayat dan Hadis Ekonomi Ismail, Pengurusan Harta Wakaf Syariah. Jakarta: Rajawali Pers. 2014. dan Potensinya ke Arah Kemajuan Munir, Zaenal Arifin. Revitalisasi Pendidikan Umat Islam di Malaysia, Manajemen Wakaf Sebagai Jurnal Pengurusan Jawhar Vol. 2 Penggerak Ekonomi Masyarakat, No. 2. 2008. de Jure, Jurnal Syariah dan Hukum, Vol. 5, No. 2. 2013. Mu’allim, Amir. Pengaruh Pengelolaan Wakaf di Mesir Terhadap

55