1

WAQF AS A SOURCE OF SYARIAH ECONOMY

(Practice of Waqf at Modern Islamic Boarding School
Darussalam Gontor Indonesia)

Mukhlisin Muzarie
Lecturer of IAIN Syekh Nurjati Cirebon

Abstract
Waqf As a Source of Syariah Economy (at Modern Boarding School
Darussalam Gontor). Wakaf is an Islamic social institution which has an
important role in the society development not only in the field of education
and dakwah but also in social and economy. This institution compared
with zakat (obligatory alms), infak (donation) and sedekah (alms), it has a
strong economic power because the fund transferred to support any social
and religious project is its benefit and usefulness, whereas zakat, infak and
sedekah are consumtive assets. Perwakafan in Indonesia, in fact is
different, most of them are direct consumtive wakaf and the budget of its
operation is obtained from outside so it gives a burden to the society.
There is a wakaf which is obtained from the society and it is used through
productive business units so it develops quickly and it gives a contribution
to the increasing of society welfare, that is the Wakaf of Modern Boarding
School Darussalam Gontor).
The aim of this research is the reveal the sources of wakaf PMD Gontor
and its empowerment with contribution to the society welfare. Wakaf, as
an asset donated for community, in the relatively long span, has ritual and
social functions. Its ritual function is as the implementation of IMAN
(belief) of someone in the form of awareness of good deeds which can be
hoped as the last infestation which flows continuously, while its social
function is as a solidarity from which can be a contributive instrument to
the increasing of society welfare which is eternal (eternal fund).
This research uses the method of descriptive qualitative one, that is a
method which is used to observe the status of a group of man, an object, a
set of condition, a system of thought or an event class nowadays. The
method of collecting data uses observation and interviews. The collected
data is firt arranged, then is explained and analized using inductive logic,
that means silogism is built based on the field data specifically and at last
on the conclusion generally.
As a theoritical base in observing the empowerment case of wafkaf, it uses
the theory of changing law of Ibnu Qayim, the theory of istishlah, istihsan
and urf by quoting from the Holy Quran about the dynamic and
innovative changing, whereas the observation of society welfare uses the
value theory of Edward Sprenger and the theory of Weber about protestant
ethic.
2

From this research, it is obtained a clear description about of
empowerment of wakaf through productive business units which at last
can recommend to the Board of Wakaf or YPPWPM in order that the
empowerment of wakaf should be developed through Syariah Financial
Boards so that it can be potential in developing society economy.

A. Preface
Waqf is the regulation of Islamic economy which has an important role in
the development of society, not only in the field of education and religious affairs
but also in economy and social. This institution, although it does not belong to the
source of primary public finance, compared to zakat, infak and sedekah, it has a
firm economy power because the fund used to support a variety of religious
projects and social is its benefit and usefulness, while zakat, infak and alms are its
assets, so it is consumptive. Waqf defined as an asset donated for humanity has
ritual and social economy function. In ritual function, waqf is an an
implementation of IMAN for someone in the form of consciousness to donate in
the hope that the reward will continuously flow (shadaqah jariyah) although the
person has died. While its social economy function is an a form of solidarity
which become a contribute instrument to the welfare of society forever.
The function of waqf has a forward vision so that moslems since the era of
prophet until now are attracted to do waqf practice. Prophet as the leader of
religious community gave an example (uswatun hasanah) setting free a piece of
land of a fatherless childs in Madinah to be given fort the building of Nabawi
mosque. The this deed was followed by his disciples, tabiin and all moslems
coming afterwards.
1
All his friends, explained by Jabir, did the practice of waqf.
Asad bin Zuroroh added that friends of Badr from Ansor and Muhajirin also did
the practice of waqf. Al-Khashshaf (w. 261 H), the writer of history of Islamic
law, noted a number of prophets friends and tabiin who had done the practice of

1
Sayyid Sabiq, Fiqh al-Sunnah III (Bairut, Dar al-Fikr, 1977), p. 379; Al-Syaukani, Nail
al-Author III (Bairut, Dar al Fikr,TT), p.129
3

waqf, for example, Abu Bakar, Umar, Utsman and Ali bin Abi Thalib, Abu Jafar,
Umar bin Khalid, Al-Zuhri and Umrah binti Abdurrahman.
2

The asset of waqf
3
was an agricultural field, managed by nadzir
(mutawalli) and distributed to the society. It covered a variety of sectors.
4
Ibnu
Umar, a manager of waqf Khaibar reported that the distribution of the result of
waqf from 100 kavlings was given to the poor from the nearest relatives, servants
/ maids, volunteers, travelers, guests and for the payment of the keepers.
5
The
distribution of waqf from the prophet
6
was 36 kavlings in the Khaibar area, 18
kavlings were prepared to facilitated the need of volunteers who joined in the
release of Mekkah City and 18 other kavlings were prepared for other moslem
needs.
Further development, productive waqf of asset in moslem countries could
be fertile agriculture fields (property of waqf). Mobile productive waqf of assets
and merchandise (commodity waqf) were relatively small in number.
7
This was
caused by the economy of society was dominated by agriculture sectors and
generally the society had a field wide enough to do the practice of waqf. The facts
historically indicated that the sources of economy long ago were dominated by
agriculture, farming and plantation sectors. These three sectors became the main
source of public finance, the object of tax and zakat as well. While the sectors of
trade and service had not been the main source of public finance and the zakat was
not taken. Imam Al-Syafiie in his qaul qodim declared that there was not zakat
for trade sector, but in his qaul jadid zakat was a must. All those become a proof
agriculture and plantation.

2
See Al-Khashshaf, Abu Bakar, Ahmad bin Amr al-Syaibanie, Ahkam al-Auqaf, (Dar al-Kutub
al-Ilmiyah, Bairut, 1999), p. 8-9
3
See Musthofa Salabi, Muhadharat fie al-Waqf wa al-Washiyah (Iskandariyah, Dar al-Talif, 1957),
p. 37
4
See Abu Zahrah, Muhadharat fie al-Waqf (T.tp, Mahad al-Dirasat al-Arabiyah al-Aliyah, 1959), p.
10; Musthofa Salabi, Muhadharat fie al-Waqf wa alo- Washiyah (Iskandariyah, Dar al-Talif, 1957), p. 37
5
Al -Shanani, Imam Muhammad bin Ismail, Subul al-Salam III (Bairut, Dar al-Fikr, Tt.), p. 88
6
Mundzir Qahaf, Manajemen Wakaf Produktif, terj. Muhyiddin Mas Rida (Jakarta, KHALIFA,
2005), p. 19
7
See M.A. Mannan, Sertifikat Wakaf Tunai, Sebuah Inovasi Instrumen Keuangan Islam,
Terj.Tjasmijanto dan Rozidyanti (Depok, PKTTI-UI, 2001), p. 34

4

Another consideration is although that waqf property is regarded more
relevant with the aim of eternal waqf (baqa al-ain) and continuous (demam al-
manfaat). Because this waqf has eternal character, it is easily controlled and has
low liquidity so it is not easy to hand in to other sides. Besides, the circulation of
money at that time was still very limited, only in cities and circulated in middle
society and up. Low society living in villages commonly did not have money so in
classic references there was no money waqf.
Looking at potential waqf as a big income of public finance and it has a
big role, so it needs an institution to handle waqf specifically. When waqf in
regarded as voluntary deed and has a limited access, the organization is given to
the waqf receiver (mauquf alaih) or to the people appointed by waqf givbes to
organize it (washiy / munaffadz al-washiyah), but after the access of waqf
expands and problems come out connected with deviation which cause waqf asset
change of ownership by contra law or neglected, so the organization is interfered
by the government.
8
At last the waqf which formerly was a private law, in the
development it become public law.
In Egypt and Syria waqf is handled by special minister and so is in India,
Pakistan, Bangladesh, Libanon, Aljazair, and Indonesia. In some countries like
Uganda, South Africa and the Philippines waqf is organized by private institution
without government interference.
9
Here waqf is viewed as a gift (charity) aimed to
facilitate society importance to do religious activity, but not viewed as a social
institution connected with society importance and has economic power, so it is
regarded not important to be interfered by the government.
In Indonesia there has been regulation of waqf since the Dutch
colonialization. After the independence the regulation of waqf was begun by the
birth of the chief law of Agraria Number 5 1960. In chapter 49 the law declared
that waqf of property is organized by government rules. Those rules were edited
seventeen years later, with the birth of government rule number 28 1977 about

8
Muhammad Abu Zahrah, Muhadharat fie al-Waqf, (Mahad al-Dirasat al-Arabiyah al-Aliyah,
Bairut, 1959), p. 11
9
M.A. Mannan, Sertifikat Wakaf Tunai, Sebuah Inovasi Instrumen Keuangan Islam, Terj.
Tjasmijanto dan Rozidyanti (Depok, Kampus Baru UI, CIBER, 2001), p. 34-35

5

waqf property. This rule of waqf is only organize and protect waqf property,
buildings and plantation. The protection of waqf material unlimited on land and
buildings were arranged 14 years later, after the birth of presidents instruction
number 1 1991 which anticipated the validity of compilation of Islamic law. More
complete regulation of waqf was made 15 years later, after the birth of waqf law
number 41 2004. The regulation of waqf law which published step by step has the
aim to protect waqf practice alive and developed in society and to legalize an
institution which has a strong economic potential in the hope to get the certainly
of law.

B. The Problems of Waqf in Indonesia
From the description above, it is clear that the advantages of waqf is very
big to donate public needs whether to facilitate social and religious activities or
academic activity. But it is different in Indonesia. Waqf faces a complicated
problem because generally it is non productive waqf and incapable to finance
itself. The result of observation by Imam Suhadi in 1987 indicated that the waqf
in national scale is mostly consumtie.
10
It is also the same with result of
observation in Cirebon regency by the writer. This fact illustrates the condition of
waqf which if quoted the term of Munadzir Qahaf, is direct waqf, not productive
waqf. This means it is the waqf which gives services directly to the society, not
the waqf which is prepared for production importance.
11

The number of direct waqf is greater compared with productive waqf, so
the waqf in Indonesia faces a serious problem because the operational fee is
relatively great. So it must be found from outside waqf. Another problem is that
there are many agricultural fields which were fertile in the past and produced
hundreds of tons but now they turn to be dry and not productive. Nadzirs as the
bodies which are responsible to organize waqf want to develop those lands to be a
new productive business like to make fishponds or change them with other
strategic ones or sell them. The money from the selling will be used for assets of

10
See Imam Suhadi, Wakaf untuk Kesejahteraan Umat (Yogyakarta, Dana Bhakti Prima Yasa,
2002), p. 118
11
Mundzir Qahaf, Manajemen Wakaf Produktif, p. 22-23
6

business. But the society does not agree because they believe that waqf must not
be sold, granted, exchanged or inherited. Moreover, the change of waqf is
constitutionally very difficult, because it must get permission from the Minister of
Religious Affairs first. This takes a birocracy and long time, two up three years.
12

The lives of society have changed so the concept of waqf must be changed.
The changes cover things which can be given as waqf, waqf transaction,
management of waqf. In the past Indonesia was an agricultural country. The
economy in villages was dominated by agricultural sectors, poultry and
plantation
13
so moslems did waqf practice in the form of agricultural fields.
14
On
the country, nowadays, especially in Java people dont have rice fields because
they have changed into industrial areas and real estates. The growth of population
which is very fast needs new housing location, near work place, easily reachable,
transportation and telephone lines. This creates settlement crisis.
15
Thus, the
society does not have enough lands for waqf. Today the social arrangement of
waqf is required to be capable in giving real contribution to solve multi
dimensional crisis caused by monetary crisis since 1997 with its results.
16

The increasing number in poverty and unemployment caused by that
monetary crisis is a national problem that needs to handle or arrange. Although
the government has done the efforts to overcome, as the movement of integrated
poverty management (Gardu Taskin), the project for the increasing of sailors
farmers income (Proyek Peningkatan Pendapatan Petamni Nelayan Kecil),
presidents instruction of left villages (Inpres Desa Tertinggal) and the
compensation of fuel (Kompensasi BBM) or Direct Cash Aid (Bantuan Langsung
Tunai) but the result is not completed. In this condition, waqf institution should be

12
Ibrahim, H. dkk, Himpunan Peraturan Perundang-Undangan Perwakafan Tanah Milik (Jakarta,
Ditjen Bimas Islam dan Urusan Haji, Proyek Pembinaan Zakat dan Wakaf, 1983-1984), hlm. 95
13
Siti Maryam dkk, Sejarah Peradaban Islam dari masa Klasik hingga Modern (Yogyakarta, LESFI,
2004), p.18-19
14
See Al-Hamid al-Husaini, Riwayat Kehidupan Nabi Besar Mhammad SAW (Jakarta, Waqfiyah al-
Hamid al-Husaini Press, 1990), p. 20
15
See N. Daldjoeni, Seluk Beluk Masyarakat Kota (Bandung, Alumni, 1978), p. 23
16
See R. Harry Hikmat, Strategi Pemberdayaan Masyarakat (Bandung, Humaniora Utama Press,
2004), p.122

7

the instrument contributively to the social problem solving, not in the opposite,
that is to burden the society with donations.
There is waqf institution taken from the society and it is successful to put
into practice through Syariah economy institutions so it develops quickly and can
finance big religious projects and also it becomes an important instrument in
increasing welfare of society. That is waqf institution of Darussalam modern
boarding school, Gontor Ponorogo Regency, East Java. This institution has
succeeded in fund rising, not only in rice field and in immovable things (waqf
property) but also it reaches waqf cash coming from aghniya and students parents
which is handed in every new academic year. They waqf of Darussalam modern
boarding school Gontor comes from the founder of boarding school which is
known as Trimurti. It gave all assets for waqf, for the importance of education
and dakwah.
Waqf is organized by an institution, that is waqf committee of Darussalam
Modern Boarding School Gontor. This committee builds units of business and
shopping centers controlled by modern management system to make use of waqf
asset. Darussalam Modern Boarding School Gontor now has a big asset of
business. It reaches hundreds of billion and has more than

25 business units, even
it reaches 50 units included in the boarding school branches.
17


C. The Exploration of Waqf
As stated above, the problem of waqf in Indonesia is generally
consumptive, not productive waqf. So, the operational fee is obtained from
outside of waqf. Thus, it needs efforts which support open waqf practice, reach
cash waqf, shares, certificates, services and other benefits. Them, it can be used
for various productive business in line with economy principles so it becomes
contribute instrument to the welfare of society. The board of waqf Darussalam
Modern Boarding School Gontor is a board which is succeeded in collecting
productive business units so it used and spread through productive business units

17
Abdullah Syukri Zarkasyi, Manajemen Pesantren, p-.178-179

8

so it gets large benefits every year. It can facilitate the development of boarding
school and its academic activities. The sources of waqf are obtained from the
masters of school founders (Trimurti), then it is accessed by wide society from
domestic and abroad. It covers :

1. Waqf Property
The practice of waqf done by the master of the boarding school
(Trimurti) is followed by some other masters, like KH. Nawawi Ishak
Banyuwangi, KH. Kafrawi Ridwan Kediri and Ibu Qayumi Ridwan
Magelang. They gave their boarding schools as a waqf to boarding school
Gontor. Besides, the government of south Konawe regency, Southeast
Sulawesi asked the head of Gontor boarding school to build a boarding school
in his regency, then it is handed in to the Gontor Boarding School.
KH. Nawawi Ishaq has the asset of Darul Muttaqin Boarding School
built by himself, then it was given as a waqf to the Gontor Boarding School.
KH. Kafrawi Ridhwan has the asset of Darul Marifat Boarding School built
in the area of 6.5 hectare in the village of Sumber Cangkring, Gurah, Kediri
Regency. Then it was given as a waqf to Gontor Boarding School. Ibu
Qayumi has an asset of mosque and a house in the area of 2.3 hectare, then it
was given to Gontor Boarding School. While Gontor Boarding School 7
Riyadhatul Mujahidin which is located in South Konawe Regency, Southeast
Sulawesi, was built in cooperation between the head of Gontor Boarding
School and the province government of Southeast Sulawesi in the area of
1000 ha for the development of Gontor Boarding School. There are many
other aghniya who entrusted and gave their waqf to the boarding school. Until
2007. It has waqf land more than 1721.09 ha.

2. Commodity Waqf
The waqf at Darussalam Modern Boarding School Gontor attracts
wide society so it gets waqf sources unlimited on property waqf but it reaches
immovable things such as the equipment or tools industry, printing machine,
9

slaughter machine, confection machine, cattle, vehicle, computers, office, etc.
those tools and equipments are party from purchasing and others are obtained
from donation. In 2006 the foundation of maintenance and enlargement of
waqf at Darussalam Modern Boarding School Gontor got assistance. It was a
machine of noodle makes from Bogasari flour factory. In 22007, at boarding
school Gontor 3 Darul Marifat Kediri regency, started to operate chicken
noodle factory following tahu tempe factory. This boarding school also got
assistance from minister of agricultural through the office of research and
development of cattle Batu Malang 401 million rupiah. This aid was
especially used for integrated agriculture operation and the availability of
cattle. So the source of productive waqf is not only limited on property but
also mobile things such as cattle, industrial machines, office equipment and
vehicle which can be operated for santri (students) transportation and the
service in student and society health center.
18


3. Cash Waqf
Infak from students parents addressed to the boarding school is
claimed as waqf. The reason is that the fund is indirectly used for school
operation, but it is used although business units of the school. The number of
waqf from the students parents is big enough. At the beginning of the year
every student give infak. In 2007 it reached 20 billions. This number is
predicted that it will increase every year in tune with the program of the
school development planned. Internally the boarding school Gontor is not
much influenced by the economic recession that happens outside. This is
caused by the efforts of more steady autonomy. However, the school
development program which is going on and the increasing price of material,
the increase of infak in the future cannot be avoided.

4. Waqf Diri (Service Waqf)

18
YPPWPM in 2007
10

The term waqf diri is not known in fiqh literature but the substance
can be found in Al-Quran with the term muharrar,
19
that is the person whose
life devoted to Baitul Maqdis and keeps away from the ties of earthy matter.
Consequently the person who declared himself as the devotee in a religious
institution becomes tied up with the tasks there. Darussalam Modern
Boarding School Gontor accommodates waqf diri for the purpose of
guaranteeing the everlasting life of the school and regards it as service waqf.
Basically this practice of waqf has been done by society (litaamul al-nas).
Infact, there are many people who willingly donate their thoughts and energy
to built religious institution as mosque or musholla whether as a bricklayer or
carpenter. They refused to be paid because they worked voluntarily. This
practice of waqf gives an opportunity to compete in doing good needs
although in the form of thought and energy. Good deeds (amal) is not only
limited to cash and things but also it can be services. That is what is meant
waqf diri (self waqf). Every year senior students in big number devote
themselves to the school for a year (one year devotion). Ustadz (teachers) and
lecturer partly devote themselves for some years (muaqqat) and other forever
(muabbad). Teachers and lecturers who devote themselves to the Gontor
school forever are the choice cadres of Gontor who willingly devote their
lives to the Gontort school.

D. Waqf Application
Modern Boarding School Darussalam Gontor built units of business and
trade as waqf application. First it started its business in 1970 by building rice
mills. These were inspired by the income of harvest which became bigger. After
they operated successfully for 13 years, it built printing in 1983. This was done
because of the needs to prepare compulsory books at KMI. Then in 1985 it built a
shop for everyday needs, material shop in 1988, book shop in 1989, canteens for

19
QS Ali Imran, 3 : 35:

11

students in 1990 and unit of family welfare (UKK). After 1990 those business
developed until 2007 the reached more than 50 units and it had a big supermarket.

1. Agriculture and Plantation Sectors
Modern Boarding School Darussalam Gontor has waqf property., it
reaches 1721.09 ha,
20
618.451 ha from people, 102.64 ha from buying and
100 ha from the government of Southeast Sulawesi Province. Those waqf
properties consist of 558.891 ha rice field, 59.56 ha land property and the rest
in forest property. The application of productive land was through some
designs. Some lands were given to the farmers to till through profit sharing
(muzaraah) and some others were rented (ijarah). The management of
productive land which was given to the farmers and cultivated traditionally
was still carried out since waqf promise 1958 until now. Based on the data
2005, rice field of waqf 190.62 ha
33
which was cultivated through profit
sharing was 160.28 ha and 30.34 ha
21
was rented. The rice field which was
shared resulted tons of rice and the rented rice field resulted hundreds of
million rupiahs.
22

At the first time the management of waqf in agriculture was rice field
and cane field. But now it is cultivated intensively by planting hard plantation
so it gives better usefulness. Some lands around Gontor 1, Gontor 2 and ISID
are planted vegetables and some others are used the develop mushroom, pete,
hairy fruit, naga and teak tree.
23
In Gontor 3 Darul Marifah Kediri they
develop farming and agriculture with mush room, melon, tomato, red paper,
corn and spices. The agricultural area in this place is fertile and productive.
Besides spices there are 1000 gold teak trees. While in Jambi there is an
experiment to open coconut tree farming which covers 300 ha, in the hope

20
Observation 2007/7
21
At Ngawi 142,31 ha, Madiun 9,5 ha, Kediri 6,2 ha, Jember 2,27 ha,tTotal 160,28 ha
22
At Ponorogo 19,95 ha, Nganjuk 10,39 ha, total 30,34 ha
23
YPPWPM in 2007
12

that in the future there will be opened a branch of Modern Boarding School
Darussalam Gontor.
24

In cattle raising the head of the school has developed some business
units, for example, unit of chicken cutting, cow fattening, cow slaughtering
and unit of cow milking. A unit of sheep raising is being developed to fulfill
the need of qurban around the boarding school. Sheep raising will be done
by battery system, in the stable format 3 x 2 m for 5 sheeps. The location is
not far from Gontor 1 surrounding in order to make easy in supervision
system.
25
Cattle developments, whether chicken, sheep or cows, beside to
fulfill the need of agricultural garbage.

2. Business and Trade Sectors
Based on the report of KH. Abdullah Syukri Zarkasyi, the business
units of the modern school reach 50 units, spread in around Gontor 1, Putri 1
and branches of Gontor.
26
Although in the first time it is intended for
fulfilling internal need, but later it becomes a tool for making use of effective
waqf. Rice mill, as mentioned above, has a capital of 6 7 ton rice a day. In
the beginning it is for intern only but at last it becomes productive business to
receive paddy from outside and it operates continuously.
The boarding school Darussalam Gontor has big market potential, the
number of students covers 13.900 person
27
and the frequency of students
parents visit is high enough. Each students parents visit it there to four times
a year, at the beginning of new academic year, in Syawal month and in the
early of second semester, Rabiul Awal month and on holidays. The big
volume and high frequency of visit affect the increase of result or income in
the use of waqf. The visit students and students parents in business units

24
Intervew in 2008
25
Intervew with Badan W akaf Gontor in in 2008
26
Abdullah Syukri, Manajemen Pesantren, p. 174
27
Ibid, p. 177
13

increases in the new academic year because their presence accompanied by
their families, so their omzet increases.
28

In the year 1983 the headmaster of Modern Boarding School
Darussalam Gontor set up press and printing. The aim is to print compulsory
books at KMI. Every students, the old and new students, needs 10 15
compulsory books. If every student needs 12 books, so 13.900 students will
need 166.000 books. Before it had its own printing, the school printed
compulsory books written by KH. Imam Zarkasyi and the other in a printing
factory in Jakarta. Now, after it has its own printing, it has developed modern
machines held by professionals and experienced men, so every year it
produces a lot of books. Those books are not only provided for students of
KMI in the centre and branch of Gontor but also for 179 boarding schools
spread in Indonesia. \
To fulfill the need of marketing, the headmaster of the school built a
bookshop La Tansa in the centre city of Ponorogo in 1989. This bookshop not
only distributed the books Gontor press but also from other publishers.
Darussalam Press and Printing prepared books for elementary school up to
universities. Besides, there are classic books from middle east, especially
Daral-Fikr Beirut and other qualified books.
29

The omzet of selling the books although it hasnt been stated with
quantitative data, it has 13.900 students who need the books in big number.
Every student of KMI in the early of new academic year must buy
compulsory books and suggested books from 10 to 15 books, 300 up to 500
thousand rupiah. The number doesnt include the need of the students from
alumnus Boarding School which over 179 schools. If every student of
Modern Boarding School Darussalam spends averagely Rp. 250.000,- in the
early new academic year, so the omzet of selling the books from the students
covers 3.475 billion rupiah.

28
Observation in 2006 & 2007
29
Observation in 2008
14

In 1986 the headmaster opened a complete shop, it is called UKK
(family welfare business) in Gontor village to provide staple food and daily
needs for the students and society in the surrounding. Then, he opened two
pale shop in Ponorogo village and Bajang village near Gontor. Both shops
provided common things, cosmetic, electric appliances, glasses and other
household needs.
Next, the headmaster of the school set up spices and vegetable market.
The aim is to fulfill the students kitchen and family kitchen. They need a lot
of spices everyday. The schools car appeared loading spices to fulfill the
students kitchens in some complexes. In Gontor there was family kitchen
and three students kitchens to serve 4 5 thousands students. Meal time,
breakfast from 06.00 to 07.00, lunch from 12.30 to 13.30 and dinner from
19.00 to 20.00. all students looked tidy. They stood in line, each brought meal
card fit with the date and time. Meal cards became invalid unless taken at
proper time.
In 1988 the principal of the boarding school felt necessary to build
material shop to fulfill the need of building material which increased every
year. Material shop was placed in Bajang, a village near Gontor. Based on
observation, the Modern Boarding School Darussalam never stopped
building. Everyday there was always work in building or renovating old
buildings and developed places in Gontor 1 and in some branches. According
to the builders, the Modern Boarding in school Darussalam Gontor employed
200 people everyday. They worked the same as permanent workers
everyday.
30
Building section needed many materials so this forced to open
their own material shop.
Modern Boarding School Darussalam Gontor applied protection
economic system. Its not permitted for students to buy food outside the
school. This is done to make smooth the process of teaching and learning.
Consequently, the school provides students kitchen at some complexes as
dining rooms. There are canteens to serve the students and teachers who need

30
Interview, 3 July 2008
15

additional menu. Every new academic year, at the time of new student
registration, the school open additional canteens temporarily held by the
students to serve the increasing visitors.
For the need of information and communication between the students
and their parents, the school built telephone kiosk in some places. In Gontor 1
Putri there are 6 phone kiosk placed in some complexes. Each kiosk, has 4 to
5 service unit. At break time, those kiosks look very crowded, the student
stood in a long queue. Students are not allowed to bring hand phones for it
disturbs the teaching process. So there phone kiosks become productive
business unit for developing waqf of Gontor.

3. Industrial Sector
Industrial sectors for empowering waqf Gomntor is home industries
like backery, ice factory, drinking water, tahu-tempe, chicken noodle and
garment factory. These small industry are the same as trading business units,
not only to develop waqf, but also for empowering students in industrial
sector. The boarding school Gontor, since the first pioneered to develop
surrounding potential as a source of life which can fulfill the need of the
boarding school. The model of protection economy started since 1970s, that is
to provide all students need everyday and applied prohibition for those
buying food outside the school for disturbing the process of studying
scheduled. The number of students is great and the high volume of parents
visit is an opportunity for the development of protection economy developed
in the modern boarding school Darussalam Gontor. The society surrounding
it, especially the families of senior teachers is empowered to produce food
and it is marketed through canteens. Seeing that the marketing is stable, the
benefit of the food industry is increasing. The visit of the students everyday
can be predicted precisely. The visit of students parents on holiday can be
calculated, so the production can be fit with the requirement. Based on
observation that there is no left food at canteens everyday, even there is no
more stock left.
16

In order to fulfill the need of clean water, the school tried to dig
ground water by using a pump in big capacity so that it can reach thousands
m
3
per day. It can fulfill the need of students. The boarding school can bought
filtering machine so that the students can get clean water from the taps in
public kitchens without limit. Besides, the school produced packed water
which could be marketed to the branches of the boarding school and shops.
In the end, it is said that business units owned by the boarding school
Gontor becomes a commercial institution. It is used to empower waqf,
teachers and students. People in business units, except in agriculture, are
recurred from the students. The students from the organization of Modern
Boarding School Student (OPPM) and Scout Organization get tasks to
organize some business units in order to get direct experience. This will be
beneficial for them in the future. Its natural that some of the students of
Gontor become shop assistants and the teachers become manager in work
units, even drivers because they are empowered in business units as a process
of education and practice.
Business units to be used empowering the students generally are in the
environment of the boarding school, they are: 1. Student cooperatives, 2.
Student kiosk cooperatives, 3. Fast food, 4. Canteen, cafeteria and kitchen
cooperatives, 5. Drug store, 6. Photocopy, 7. Photography studio, 8. Scout
equipment and postage materials and 9. Laundry.
31
While business units used
to empower the teachers are those technically under the school cooperatives.
The school Gontor set up cooperatives named La Tansa. It means dont
forget. Its goal is to coordinate business units which have developed. The
cooperatives of the boarding school Darussalam was celebrated officially by
minister of cooperatives on July 29, 1996. Number of registration
8271/BH/II/1996.

4. Sector of Service

31
KH Abdullah Syukri Zarkasyi, ManajemenPesantren, p. 176-177

17

At the beginning, service units were provided to fulfill the students
need, teachers need and the visitors need but at last, it developed into
business units which could be used to empower waqf. The facilities built by
waqf board are Darussalam apartment, health centre of students and
community (BKSM), telephone kiosk, photocopy, Darussalam Computer
Centre (DCC) and public transport.
Darussalam Apartments were built in two places, one at Gontor school
Mlarak Ponorogo and the other at female Gontor school Mantingan
Ngawi. A lot of visitors come to both places because the receptionists cannot
accommodate them in guest rooms. Both apartments are really social oriented
rather than commercial because the standard room for 4 persons and the lux
room for 3 persons cost only 50 75 thousands rupiah per day. Yet the
increasing number of visitors, from this sector the Modern Boarding School
Darussalam Gontor got big income. The apartment of Darussalam Gontor 1
(two storeys), has 32 standard rooms, deluxe and some VIP rooms beside it.
At the apartment Gontor Putri 1 with clean and beautiful buildings, have the
capacity of hundreds of people.
Viewed from commercial aspect, both apartment are very strategic
because the location is far from the city centre and the rooms for guests at the
reception department is very limited. Four big rooms, two rooms for male and
two for female guests, each consists of 25 30 persons are always full on
holiday. The number of visitors exceeds the capacity of the Bapenta (the
board of guest reception). This influences the rise of visitors who come to
stay at the apartment. Based on the observation, every new academic year and
holiday including on Friday, the apartments are always full. With assumption
that every new academic year (in Syawal month) about 15 days and on half
year holiday 5 days,, the rooms at the apartments are always full. So the
income from the apartment for twice holiday reaches 64 millions rupiah. This
does not include national holidays followed by the school and weekly holiday
on Friday.
18

The chief of boarding school pays attention to the health need of the
students which increases every year, builds the health centre of students and
community (BKSM). BKSM is built in Gontor 1 and Gontor Putri 1 to handle
students and teachers who are sick and need intensive care and the
surrounding community. The big number of students, although many efforts
for health prevention through nutrition, environment cleanliness and a lot of
exercises, but there is always someone who is sick and need treatment. Based
on the survey of BKSM, Gontor 1 and Gontor Putri 1 there is always a
patient. Doctors, nurses and staff of administration, medicine, and ambulance
are always standby if sometimes needed to give health service or must refer to
the hospital. BKSM Gontor Putri is handled by two doctors and four nurses
assisted by eight staff from KMI teacher. In the 80
th
anniversary, the
Indonesian Minister of Health visited Gontor Putri and gave 1 unit of
ambulance car, a set of tooth care tools. This is very useful in supporting
students health. From the sector of business, BKSM is not only as a body to
serve the need of the students but it is also as a business unit for health
service. It is used for students, teachers and society too.
The development of the following business is school transportation.
This business, as other business units, at first for serving students
importance. Every new academic year many new students come in big
number so they find difficulty in transportation. Student care section regards
this as a serious problem. The educational calendar of Gontor school uses
Hijriyah (Islamic) calendar which starts in the month of Syawal. All students,
at the first lesson, have to return to school not more than on 10 Syawal. Most
students choose the last days because the atmosphere is still Lebaran moment.
This cause a pile, transport service section makes special routes to fetch the
students, the routes Gontor Ponorogo and Gontor Madiun. Besides,
vehicle section offers rental service, common routes and tour. There 5 cars
operated, 2 mini bus Suzuki Elf, 1 bus Mitsubishi and 2 minibus Kijang. In
2006 there were 5 additional armada, 3 micro bus, 1 pick up and 1 bus
Mitsubishi.
19

E. Waqf and Syariah Economy
Waqf fund from society in the form of property, vehicle, office equipment,
books, money, document, hibah, muaqqot, infak, etc, can be developed through
syariah finance boards or through national companies (BUMN) or regional
companies (BUMD). So they support the rapid economic growth, especially in the
society with middle to lower economy.
The economic growth in Islamic countries nowadays, especially in
Indonesia, is being arranged to lead economy using syariah principles. The
activity of banking business like receiving, paying, transferring money, document,
buying and selling cheques, giving credit,
32
etc. Which are called riba as quoted in
Al-Quran, are now being changed into syariah economic system in the form of
wadiah, qiradl, mudlarabah, musyarakah, murahabah, rahn, salam,
33
etc. by this
banking operational mechanism, it is hoped that it can avoid interest system which
contains riba. Banks, as we know, play roles as facilitator between the savers and
the users, whether to the organization, companies or personal.
Moslems have been waiting for a long time the presence of financial agent
non ribawi because they do not want to be tied up with the interest system which
is controversial with syariat. Islamic bank has been pioneered since 1963 is Egypt,
in Dubai in 1975. Then in other countries until 1984 there are 38 Islamic banks,
28 in Islamic countries and 8 Islamic banks in non Islamic countries.
34
While in
Indonesia, the idea of Islamic bank appeared in 1970s, but it can be applied in
1991 with the establishment of Bank Muamalat Indonesia (BMI) in Jakarta
followed by the establishment of bank of Syariah people credit (BPRS) in small
towns. Even, due to BMI and BPRS havent reached lower society, there are
saving and borrowing units, which are called Baitul Mal wa Tamwil (BMT) and
the cooperatives of boarding school (KAPONTREN) locally. After 2 years in
operation, Bank Muamalat sponsored the set up of Islamic insurance Syarikat
Takaful Indonesia (STI), and 3 years a head (1987) BMI helped the birth of Reksa

32
Abdul Aziz Dahlan dkk, Ensiklopedi Hukum Islam I (Jakarta, PT Ichtiar Baru Van Hoeve, 2001),
p. 194
33
Muhammad Syafiie Antonio, Bank Syariah SuauPengenala Umum (Jakarta, Tazkia Institute,
2000), p. 121
34
Ibid, p. 196
20

Dana Syariah PT Danareksa.
35
After that, it developed syariah banks like Bank
Syariah Mandiri, Bank Syariah BNI, Bank Syariah BRI, Bank Jabar Banten
Syariah and others almost in the whole of Indonesia.
The practice of waqf which reaches money waqf, important documents,
has economic power which can be empowered through syariah financial
36

businessman to support the economic growth non ribawi. Besides, waqf becomes
an important instrument to help the rapid of community economic empowerment
which uses local contextual approach as seen in community development program
micro scale as the program of Warungisasi (every group is trained and given
some money to set up a canteen), Kambingisasi (giving goats to poor groups to
keep / raise, etc).
37


F. Closing
The problem of syariah banking, although it has stood up on theoretical
base which refers to the Muamalah principles and has been operated through some
patterns which can avoid banking interest system as underlined by syariah
council, but if the basic capital is obtained from conventional banks, so the debate
of the law is not final yet, remembering that the first transaction has been
contaminated by ribawi system. So it is relevant if the idea of each waqf
certificate with certification pattern as a proof of share holder waqf project for
supervision the usage of investation and the management is done productively by
syariah banks in the name of nadzir, because this will solve the classic debate
which doesnt come to end.




35
Heri Sudarsono, Bank dan Lembaga Keuangan Syariah (Yogyakarta, Ekonosia, 2003), p. 30-32
36
Lihat A. Manan, Sertifikat Wakaf Tunai Sebuah Inovasi Instrumen Keuangan Islam, terj.
Tjasmiyanto dan Rozidyanti (Jakarta, CIBER-PKTTI-UI, 2001), p. 37
37
Edi Suharto, Membangun Masyarakat Memberdayakan Rakyat (Bandung, PT Refika Aditama,
2005), p. i

21

BIBLIOGRAPHY

Abdul Aziz Dahlan dkk, Ensiklopedi Hukum Islam, Jakarta, PT
Ichtiar Baru Van Hoeve, 2001

Abu Zahrah, Muhadharat fie al-Waqf, T.tp, Mahad al-Dirasat al-
Arabiyah al-Aliyah, 1959

Atabik Ali dan Ahmad Zuhdi Muhdlar, Kamus Al-Ashrie,
Yogyakarta, Yayasan Ali Mashum, 1996

Al-Alusi al-Baghdadi, Sayid Mahmud, Syihabuddin Abu al-
Fadhl, Ruh al-Maani fie Tafsir al-Quran al-Adhim wa al-Sab al-
Matsani, Bairut, Dar Ihya al-Turats al-Arabi, 1405H/1085

Al-Asqalani, Ahmad bin Ali bin Hajar, Fath al-Barie bi Syarah
Shahih al-Bukhari, Bairut, Dar al-Fikr, 2000

Al-Bahuti, Syaikh Manshur bin Yunus, Kasysyaf al-Qina ,
Bairut, Darr al-Kutub al-Ilmiyah, Tt.

Al-Hamid al-Husaini, Riwayat Kehidupan Nabi Besar Mhammad
SAW, Jakarta, Waqfiyah al-Hamid al-Husaini Press, 1990

Al-Syaukani, Muhammad ibnu Ali Ibnu Muhammad, Fathul
Qadir al-Jami baina Fannai al-Riwayah wa al-Dirayah min ilm al-Tafsir,
Bairut, al-Maktabah al-Ashriyah, 1415H/1995M

______________________Nail al-Authar, Bairut, Dar al-Fikr, Tt.

Al-Khashshaf, Abu Bakar, Ahmad bin Amr al-Syaibanie, Ahkam
al-Auqaf, Dar al-Kutub al-Ilmiyah, Bairut, 1999

Al-Nawawi, Abu Zakaria, Muhyiddin bin Syaraf, Kitab al-
Majmu, T.Tp, Darr Ihya al-Turats al-Arabi, 1995

Asy-Syaukanie, Muhammad bin Ali bin Muhammad, Nail al-
Authar, Musthofa al-Babi al-Halabi, t.tp., t.t.

Al-Syairazi, Abu Ishaq Ibrahim bin Ali bin Yusuf al-Fairuz
Abadi, Al-Muhadzdzab fi Fiqh al-Imam al-Syafiie, Semarang, Thoha
Putra, Tt.

Al-Sarakhsi, Syamsuddin, Kitab al-Mabsuth, Bairut, Dar a-
Marifah, 1989
22


Ibnu Hazm, Abu Muhammad Ali bin Ahmad bin Said, Al-
Muhalla, Bairut, Dar al-Afaq al-Jadidah, Tt.

Ibnai Qudamah, Muwafiquddin & Syamsuddin, Al-Mughni wa
Syarh al-Kabir, Bairut, Dar al-Fikr, Tt.

Al-Kasani, Alauddin Abu Bakar bin Masud, al-Hanafi, Kitab
Badai al-Shanifie Tartib al-SyaraI, Bairut, Dar al-Kutub al-Ilmiyah, Tt.

Al-Nabhani, Yusuf bin Ismail, Al-Fath al-Kabir fie Dham al-
Ziyadah ila al-Jami al-Shaghir, Bairut, Dar al-Arqam, Tt.

Al-Syafiie, al-Imam, Mausuah Kitab al-Um, Bairut, Dar Ihya al-
Turats al-Arabi, 1422H/2001M

Al-Khatib Al-Syarbini, Mughni al-Muhtaj, Bairut, Dar al-Fikr, Tt

Al-Syarbini, Bujairami ala al-Khathib, T.Tp Dar al-Fikr, 1981.

Al-Khashshaf, Ahmad bin Amr bin Muhair al-Syaibani, Ahkam
al-Auqaf, Bairut, Dar al-Kutub al-Ilmiyah, 1999

Al-Asqalanie, Ibnu Hajar, Fath al-Bari bi Syarkh Shahih al-
Bukhari, Bairut, Dar al-Fikr, 2000

Al-Shanani, Imam Muhammad bin Ismail, Subul al-Salam,
Bairut, Dar al-Fikr, Tt.

Departemen Agama RI, Direktori Tanah Wakaf, Jakarta, Ditjen
Bimasya Islam, 2006

Edi Suharto, Membangun Masyarakat Memberdayakan Rakyat,
Bandung, PT Refika Aditama, 2005

Heri Sudarsono, Bank dan Lembaga Keuangan Syariah,
Yogyakarta, Ekonosia, 2003

Ibnu Abidin, Muhammad Amin, Radd al-Mukhtar, Bairut, Darr
al-Kutub al-Ilmiyah, 1994

Ibnu Hisyam, Al-Sirah al-Nabawiyah, Bairut, Syirkah Abna
Syarif al-Anshari, 2007
23

Ibnu Mandzur, Lisan al-Arab, Bairut, Dar Ihya al-Turats al-Arabi,
1999

Ibnu al-Humam, Kamaluddin Muhammad bin Abdul Wahid al-
Sairasi al-Hanafi, Syarah Fath al-Qadir, Bairut, Dar al-Kutub al-Imiyah,
1995

Imam Suhadi, Wakaf untuk Kesejahteraan Umat (Yogyakarta,
Dana Bhakti Prima Yasa, 2002
MA Mannan, Sertifikat Wakaf Tunai Sebuah Inovasi Instrumen
Keuangan Islam, terj. Tjasmijanto & Rozidiyanti, Depok, CIBER-UI,
2001

Malik ibnu Anas, Al-Mudawwanah al-Kubra, Bairut, Dar al-
Kutub al-Ilmiyah, Tt.

Manshur bin Yunus al-Bahuti al-Hanbali, Kasysyaf al-Qina an
Matn al-Iqna, Bairut, Dar al-Kutub al-Ilmiyah, Tt

Musthofa Salabi, Muhadlarat al-Waqf wa al-Washiyyah,,
Iskandariyah, Dar al-Talif, 1957

Muhammad Abu Zahrah, Muhadharat fi al-Waqf, T.Tp, Mahad
al-Dirasat al-Arabiyah al-Aliyah, 1959

Muhammad Husain Haikal, Hayatu Muhammad, Bairut, Syirkah
Abna Syarif al-Anshari, 2006

Muhammad bin Umar bin Ali Nawawi al-Bantani, Nihayah al-
Zain, Bairut, Dar al-Fikr, Tt.

Mundzir Qahaf, Manajemen Wakaf Produktif, terj. Muhyiddin
Mas Rida, Jakarta, KHALIFA, 2005

Musthofa Salabi, Muhadharat fie al-Waqf wa alo- Washiyah
(Iskandariyah, Dar al-Talif, 1957), hlm. 37

Muhammad Abu Zahrah, Muhadharat fie al-Waqf, (Mahad al-
Dirasat al-Arabiyah al-Aliyah, Bairut, 1959

Muhammad Syafiie Antonio, Bank Syariah SuauPengenala
Umum, Jakarta, Tazkia Institute, 2000

N. Daldjoeni, Seluk Beluk Masyarakat Kota, Bandung, Alumni,
1978

24

Sayid Sabiq, Fiqh al-Sunnah, Dar al-Fikr, Bairut, 1977

Siti Maryam dkk, Sejarah Peradaban Islam dari masa Klasik
hingga Modern, Yogyakarta, LESFI, 2004
Suparman Usman, Hukum Perwakafan di Indonesia, Jakarta,
Darul Ulum Press, 1999

Wahbah Zuhailie, Tafsir al-Munir fie al-Aqidah wa al-Syariah
wa al-Manhaj, Beirut, Dar al-Fikr al-Muashir, 1991

____________________Al-Fqh al-Islami wa Adillatuh, Damasqus,
Dar al-Fikr, 1989