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JURNAL SYARI`AH & HUKUM

Journal homepage: https://journal.uii.ac.id/jsyh

SHARIA’S ECONOMIC LAW PERSPECTIVE ABOUT CASH


WAQF IN THE ERA OF THE INDUSTRIAL REVOLUTION
FOUR POINTS ZERO

Hisam Ahyani1, Muharir2, Muntaha Mahfud3


1
Student of Doctoral program in Islamic Law, Consestration of Sharia Economic Law,
UIN Sunan Gunung Djati, Bandung, Indonesia and Lecturer at Sekolah Tinggi Agama Islam Miftahul
Huda Al Azhar (STAIMA) Kota Banjar, Indonesia
2
President of Sekolah Tinggi Agama Islam
Miftahul Huda Al Azhar (STAIMA) Kota Banjar, Indonesia
3
Lecturer at Sekolah Tinggi Agama Islam
Miftahul Huda Al Azhar (STAIMA) Kota Banjar, Indonesia

ARTICLE INFO
Article history E-mail adress:
Received: March, 02, 2021 hisamahyani@gmail.com; muharirstima1@
Accepted: September 20, 2021 gmail.com; muntahamahfud7@gmail.com
Published: October 08, 2021 *Corresponding author

ISSN: 2656-1654 e-ISSN: 2656-193X

ABSTRAK
Introduction/Main Objectives: This study aims to determine cash waqf in the view of sharia economic
law in the era of the industrial revolution 4.0. Background Problems: The understanding of the Indonesian
people regarding cash waqf is still minimal. Even though this waqf has great potential for the welfare of
the Indonesian people. Novelty: Regarding research from the perspective of Islamic economic law on cash
waqf in the era of the industrial revolution 4.0, no one has researched it. Research Methods: The method
used is literature research, qualitative, with statutory, historical, comparative and conceptual approaches
and this research is normative. Finding/Results: The view of Shariāh Economics in Indonesia regarding
cash waqf is carried out in accordance with Law No.41 / 2004 concerning waqf in which moving objects
are in the form of “movable object waqf” which is manifested in the form of money. Conclusion: Waqf
money in Indonesia in the era of the Industrial Revolution 4.0 can prosper the economy of the people and
also the country. Waqf is positioned as social worship where with waqf in Law no.41 / 2004 concerning
waqf article 1 it is explained that waqf is the act of a wakif to separate or give up part of his property to be
used forever for worship purposes and also for welfare purposes according to Islamic sharia.

Keywords: Cash Waqf, Islamic Economics, Era of Disruption


al-Mawarid: J. Sy. & Hk. 1: 21-32 (2021)
INTRODUCTION of supervising and controlling the management of
cash waqf management in Indonesia, particularly
Waqf in Indonesia in the era of the Industrial
the “professional nazir” in the management of
Revolution 4.0 as it is today is expected to prosper
cash waqf in Indonesia.
the economy of the people and also the country.
Cash waqf as the opinion (Abdullah, 2018)
Where Waqf is a social service and also the
states that cash waqf does not only cover the study
benefits of this waqf are very many. With waqf,
of cash waqf but also includes “capital waqf”
as stated in Law no.41 / 2004 concerning waqf
of stocks and bonds. Waqf of this kind has been
article 1, it is explained that waqf is the act of a
recognized by waqf institutions in Indonesia and
wakif to separate or hand over part of his property
has also been regulated by the government. This
to be used forever for worship purposes and also
article describes the regulations and methods of
for welfare purposes according to Islamic sharia.
cash waqf in Indonesia. Law No. 41/2004 on waqf
This type of research is normative In addition to
which explains that Waqf for Movable Objects in
zakat (Solehudin, 2017) in his research that Fatwa
the Form of Money in Article 28 Waqf can donate
has a very needed position in answering various
movable objects in the form of “money” which is
contemporary legal problems regarding zakat, in
channeled through a “sharia financial” institution
“Fatwa” is essentially a legal opinion conveyed by
appointed by the Minister. Meanwhile Article 29
scholars who are made through a process “Ijtihad”
paragraph (1) with the existence of movable object
in response to the things proclaimed to him.
waqf which is manifested in the form of money as
Then in the Fatwa of community organizations
referred to in Article 28 this is carried out by the
that are able to make a significant contribution to
Wakif with a statement of the will of the Wakif
the development of “zakat law” in Indonesia in
which in this case is carried out in “writing”.
particular, then related to zakat law reform in the
Meanwhile, movable object waqf in the form of
fatwa “Zakat savings, savings, demand deposits,
money as referred to in paragraph (1) is issued
zakat results other than rice, zakat fisheries,
in “the form of a cash waqf certificate”. And this
zakat for productive business and management.
cash waqf certificate as referred to in paragraph
zakat through investment ”. Zakat reform in law
(2) is issued and submitted by Islamic financial
includes: legal entities for zakat, zakat money and
institutions in Indonesia to Wakifs and also Nazhir
securities, forestry, fisheries, industry, income
as “proof of the handover of the waqf assets”.
and services, and zakat for productive enterprises
The knowledge of the mulsim community
(article 27). Sociologically every Muslim accepts
in Indonesia is currently still minimal, so that
the authority of Islamic law and adheres to the
with the existence of Law Number 41/2004 and
shari’ah, including the syari’at zakat, but the
also the MUI fatwa related to cash waqf, legally
degrees differ from one another depending on
formal money waqf can be carried out and carried
his piety, according to the theory of the creed or
out by Muslims in Indonesia, but the procedures
shahada. and the Shafi’i theory of non-territoriality
and procedures also very different from other
states that, a Muslim is bound forever to apply
waqf. From the above background, the researcher
Islamic law wherever he is. So that in general there
wants to reveal related to cash waqf in terms of
is an agreement between the reform of zakat law
the Islamic economy in Indonesia, the Industrial
which is contained in the fatwa of Islamic mass
Revolution Era 4.0.
organizations in Indonesia. Waqf in view (Suryadi
& Yusnelly, 2019) in their research related to the
METHODOLOGY
management and development of “cash waqf”,
especially in Indonesia. Waqf in Indonesia is This type of research is included in the category
converted into a social fund. Contribution from of legal research with a normative legal character.
the Ministry of Religion, Indonesian Waqf And the method used in this research is library
Agency, Islamic Financial Institutions, in terms research, with a qualitative research methodology,
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Sharia’s economic law perspective about cash waqf
and using a statutory approach (Nasution, 2008, p. (Wepo, 2018) in his article explained that Industry
92). In this study, the researcher uses a historical 4.0 is a golden opportunity for Muslims to be
approach, a comparative or comparative approach more advanced economically, if the exploration
and also the researcher uses a conceptual approach of potential is quickly carried out, especially in
(Ibrahim, 2007, p. 306) to dig deeper and about Indonesia. This is because in terms of capital,
the Islamic Islamic Economic Perspective of Waqf Islam has considerable potential, in terms of
money and conventional economics in Indonesia. human resources, in Indonesia there are many
With this type of research, legal research in which creative and innovative Muslims. It is only how
this research is a scientific activity, which is based the capital and human resources are met and then
on methods, systematics and certain thoughts that accompanied accordingly. That way, the face of
aim to study one or several certain legal symptoms Islam is the face that welcomes the first time in
by analyzing them (Soekanto, 1990: 1) as quoted this era of industrial disruption 4.0 related to waqf.
by (Tabroni, Ahyani , and Permana, 2021). In synergizing with the present era, namely the
era of the digital era of the industrial revolution 4.o,
RESULTS AND DISCUSSION there is a need for development related to waqf. Nur
Syam’s opinion in his personal article (nursyam.
Cash Waqf from the Perspective of Islamic uinsby.ac.id) By likening the development of
Economics and Conventional Economics in Muslims in the middle class who are “aware” of
Indonesia
their religion and the stronger their desire to do
The development of waqf in the era of
“zakat and waqf”, the Indonesian Waqf Board
disruption or the era of the Industrial revolution
must be able to develop this great opportunity.
4.0 has gone viral under the name cash waqf. Cash
For example, the millennial generation who are
waqf / waqf al nuqud is a waqf made by a person,
“aware” of the demands of the times in today’s
group of people or institution or legal entity in the
digital era related to information technology (IT)
form of cash. This study aims to discuss how the
need a strong appeal for the progress of this era.
basis of cash waqf in the perspective of sharia. The
For example, in the Digital Information for Zakat,
waqf system is a concept that is not stated clearly
the Waqf Program for Millennials and the Zakat
and explicitly in the Al-Quran and al-hadith. It is
Literacy Program. Especially with regard to Waqf
different from zakat which is clearly stated in the
literacy, for example all must be “aware” to become
Koran. The opinion of the scholars regarding waqf
a public relations officer in the waqf linkgup. And
objects shows that the conditions of waqf include
the humor is all of us who still exist in this world.
objects, useful, cannot be thrown away, not “haram
The relation of “public relations” is not limited by
substances” and must belong to the waqf perfectly.
barriers such as “structure and place” alone, but
In terms of cash waqf is not supported by hadith
that we all belong to the public relations. BWI
specifically, and uses verses of the Qur’an and
officials socialize waqf in graphic information
hadith that are general in nature. Therefore, the
media, for example, or on quotes, as well as speed
stipulation of the requirements for waqf objects is
writing, socializing both on vlogs, blogs and short
ijtihad ulama (Tho’in & Prastiwi, 2015).
videos, or also short text, so we will recognize a lot
Quoted from (republika.co.id, 2019) Waqf is
of what waqf means. For example, what is more
still seen as a form of worship that is “identical
effective is the socialization of waqf on social
to 3-M” which is a dispute from tombs, mosques
media. In order to strengthen the economy in
and madrassas. With the lack of public literacy
Indonesia, it was mentioned by (Susilo, 2021) by
related to “waqf”, it is still underestimated, even
means of loans or credit in the era of the industrial
though the potential for waqf in Indonesia in the
revolution 4.0 by utilizing information technology
present era is very large and can be a tool for
which has become the demands of the times, but
equitable distribution and economic welfare of the
in this case there is also a need for encouragement
Indonesian people. The same thing as the opinion
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al-Mawarid: J. Sy. & Hk. 1: 21-32 (2021)
from the government in improving the economy in density and urbanization in urban areas which
Indonesia in an era that is completely digital as it have increased sharply from year to year. In order
is today. to achieve a superior level of society in terms of its
In the research proclaimed by (Fahham, economy, it is necessary to have synergies on all
2015) which in one of the cash waqf management fronts (supporting factors) to immediately move
institutions in the Special Region of Yogyakarta, together in achieving harmony and equality in
for example, “Waqf Management Institution and urban areas, which has become a task that needs to
Land Management for the Regional Management be answered immediately, especially by the village
of Nahdlatul Ulama Special Region of Yogyakarta. government.
Since 2011, this institution has managed cash Likewise, cash waqf can also be used as
waqf in order to improve the welfare of Muslims a means to assist in the education sector, for
in this region. In order to encourage the Waqf example, in the form of scholarships, assistance
Management Institution and also Land in the for underprivileged students, and in the health
Regional Management of the Nahdlatul Ulama sector, for example for medical masks affected by
Yogyakarta Special Region to manage “cash the Covid-19 pandemic etc. Another research by
waqf”, namely by providing theological and (Mu’is & Hamidah, 2020) where “Waqf” which
sociological and juridical reasons. The collection in terminology means “holding something back
of cash waqf that is done is to socialize and for benefit”. With the meaning that waqf can be
provide waqf certificates. The cash waqf that active just like “land”. Waqf can also be “passive”
has been collected is then invested in the form of just like “money” as cash waqf or “waqf nuqud”.
“deposits” at the Istiemwa Regional Islamic Bank The cash waqf has not been managed optimally
in Yogyakarta. Thus, the “benefit value” generated but is potentially very “large because the majority
from the investment is categorized as “interest- of Indonesia’s population is Muslim”. The great
free productive loan funds”. The loan funds must potential for waqf challenges is also not easy.
be returned to the Waqf Management Institution The main obstacle is more on human resources
and also the Pegurus Land for the NU DIY area and their management strategy. The issue of good
so that later “these funds can be used by other and efficient management of waqf becomes an
borrowers who are in need. In this cash waqf, in obstacle. Therefore the greater the wealth and
practice there are no “unpaid” loans, this is because diversity of waqf that can be managed by a Nadzhir
the loan refunds are made “without interest” and professionally with proper management, and
“the costs are administrative in nature. Apart from there are also benefits that can be obtained from
that related to the value of benefits generated from managing cash waqf with good governance which
“deposits” in cash waqf is also used to assist in the will strengthen the role of “cash waqf in improving
fields of education and health. the economy” and also welfare. Indonesian society.
In terms of community economic empowerment The results of the research (Mu’is & Hamidah,
in Indonesia in the scope of research villages 2020) allude that in this current context related to
conducted by (Permana, 2021), it is explained management of waqf and also good governance
that in the era of regional autonomy in an era like can be interpreted more easily as “trustworthy
this, in terms of development in rural areas which management of waqf” so that assets in “waqf
occupy on a scale that is quite urgent. There is a can be collected and managed and distributed in
rural economic structure which is generally seen to an good for realizing the benefit of the people in
be lagging behind in comparison to the economic Indonesia, especially in the era of disruption like
structure in the urban sphere. This disproportionate today. The potential for “cash waqf” generated is
situation has implications for socio-economic also very promising, this is because “cash waqf”
problems, such as inequality in the level of welfare is not with the status of “large amounts of wealth
of urban and rural communities, population ownership”.

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Sharia’s economic law perspective about cash waqf
Recently, President Joko Widodo and Vice the community, it also aims to increase knowledge
President Ma’ruf Amin will soon launch the and awareness by the community in making cash
“Money Waqf National Movement” on January waqf.
25, 2021. This movement is expected to become The view (Rinawarti, 2021) related to waqf
a milestone for the Indonesian people in this in order to alleviate poverty in the current era of
case “the benefit of the people and the nation”. disruption is by utilizing “cash waqf”. where the
With the existence of “cash waqf literacy” it also higher level of poverty has knocked hearts to
needs to be encouraged by synergizing the roles participate in overcoming the problems that hit
across sectors, this is as quoted from (republika. these. We do not deny that poverty in Indonesia
co.id, 2021) with the opportunity or potential that has a big impact on the wider community, which
exists in “cash waqf” worth 180 trillion rupiah is experienced by people who are in poverty line.
in Indonesia and up to currently referring to the “Cash waqf” has arrived not only as an option but as
Ministry of Religion’s record that the realization a solution to the problems of poverty in Indonesia.
related to “cash waqf” in Indonesia in the era of Participation and transactions are quite easy to
the Industrial Revolution 4.0 has only started to make its own advantages in society, especially
reach 255 billion rupiah. In a research conducted among millennials (Industrial revolution era 4.0)
by (Fanani, 2011), the basic problem of waqf itself to make waqf or people with waqf understand
is related to management, particularly “cash” more about waqf. In this case, “cash waqf” has
management. In institutions that play a role in the benefits of “short-term benefits” and “long-
managing waqf “cash” has several characteristics term benefits”. In addition, there are benefits in
and special management patterns. So that cash the fields of economy, health, education which are
waqf is focused on cash waqf management in cash given for the less fortunate (poor).
waqf there are still problems including the lack The view (Rinawarti, 2021) related to waqf
of dissemination of information related to “cash in order to alleviate poverty in the current era of
waqf” in the community, in addition to the lack disruption is by utilizing “cash waqf”. where the
of a number of nazir who have professionalism higher level of poverty has knocked hearts to
at work. Apart from that there is still an effective participate in overcoming the problems that hit
fundraising system and a weak management these. We do not deny that poverty in Indonesia
system. Another problem is related to the power of has a big impact on the wider community, which
buying money that cannot be properly protected. is experienced by people who are in poverty line.
The material on cash waqf by Tarmizi Tohor “Cash waqf” has arrived not only as an option but as
has 3 directions of strategic and policy plans by a solution to the problems of poverty in Indonesia.
the ministry of religion regarding cash waqf in Participation and transactions are quite easy to
2020-2025 including the percentage of Muslim make its own advantages in society, especially
participation in doing waqf, then the second among millennials (Industrial revolution era 4.0)
percentage in improving the management of to make waqf or people with waqf understand
productive waqf assets by Nazir and the third more about waqf. In this case, “cash waqf” has
percentage of participation Muslims in the the benefits of “short-term benefits” and “long-
market share through waqf and also zakat. In his term benefits”. In addition, there are benefits in
transformation, Ma’ruf Amin (vice president of the fields of economy, health, education which are
the Republic of Indonesia) said as reported by given for the less fortunate (poor).
(kominfo.go.id, 2021) the existing Transformation In Islam it is also related to da’wah such as that
in the management of “national cash waqf”, in which is carried out using e-learning or online-
addition to aiming at supporting the acceleration of based as well as da’wah activities as research
the growth of assets in “waqf:” as well as the level findings (Baidowi & Salehudin, nd) where
of benefits of waqf for improving the welfare of this online based means is carried out to avoid

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al-Mawarid: J. Sy. & Hk. 1: 21-32 (2021)
direct contact with the object of preaching and efforts to develop Financial Technology have
utilize social media such as such as WhatsApp, caused various technical and service problems.
Instagram, zoom, and so on as the main means of These problems can be minimized by establishing
preaching. In order to socialize related cash waqf, a legal component both in terms of substance
this can also be done by utilizing social media which has so far been deemed inadequate, as well
that existed in the era of this 4.0 revolution. As as aspects of institutional authority, namely OJK
the opinion (Estuningtyas, 2021) in the da’wah which is deemed incapable of accommodating
strategy, for example by using the right method by the legal aspects of finance. Technology. In legal
utilizing social media, of course, you have to pay development that cannot guarantee legal protection
attention to many things, including the language of in ideal financial technology development.
the media and the type of social media itself. Thus Therefore what needs to be underlined is related
this preaching among millennials can achieve to the development of Financial Technology which
the expected results. Likewise with socialization must require consideration in terms of Technology
related to cash waqf by distributing through social Ethics which can affect Indonesia’s readiness in
media and videos on YouTube is also in accordance facing the Disruptive Era of Industry 4.0. This is
with the current era (digital era). where the idea emerges that in Technology Ethics
The Sharia Economic Brand and the money it is necessary to penetrate the convergence of laws
waqf movement in Indonesia were launched and to create a more ideal and transparent legal order.
inaugurated by the President of the Republic of Cash Waqf Stakeholders in Indonesia
Indonesia (Ir. Joko Widodo) at the Presidential The stakeholders in waqf in Indonesia include
Palace on Monday, January 25, 2021. With this the President and vice president as chairman and
great potential, waqf uaang and the sharia economic vice chairman of the KNEKS or the National
brand in Indonesia need a new breakthrough, Committee for Sharia Economics and Finance and
mainly in implementing the development of its stakeholders. In Indonesia, “Waqf is developing
“Islamic financial institutions” which are managed very well but in general it is still in the form of
through the waqf system. In terms of utilization property waqf in the form of land and buildings
of assets in waqf, this still needs to be expanded for various interests of the community such as
rapidly. Waqf can be managed in order to create mosques, madrasas, Islamic boarding schools and
a socio-economy which has a very significant burial places. In the last year, as stated by (Sri
impact on reducing poverty and social inequality Mulyani, 2021), waqf stakeholders were developed
in society. On the other hand, there are related to into productive, trustworthy, accountable and
Home Ownership Credit (KPR), for example, in professional waqf. And managed, with the principle
the Syari’ah Perspective as research by (Firdaus, of trustworthiness, accountability, in order to
2021) where the house is one of the most important improve social Islam in Indonesia. Research by
needs for the survival of mankind. so that in this (Hasan, 2010) on cash waqf that can be used in
case it requires clear legality according to Islam. religious and educational investments as well
This is because in practice there is a contract or as social services. In order to increase efforts to
“credit transaction” where this credit is very disseminate this matter, it requires a comprehensive
burdensome to the community. and integrated understanding of the law of waqf
In a study launched by (Ulya & Musyarri, 2020) money both from the perspective of fiqh and positive
In terms of Financial Technology, which is one of law, along with its implementation, especially in
the disruptive innovations in the revolutionary Indonesia. In general, waqf has been known to be
era like today, which restructures the aspects of related to donations in the form of fixed assets or
the financial industry and affects the lifestyle in property of permanent among Muslims with the
society, it needs to be balanced with the fulfillment pure aim of devotion, but recently “cash waqf” has
of legal developments that accommodating. These received serious attention, this is because it has

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Sharia’s economic law perspective about cash waqf
long roots in Islamic history. . However, the lack terms of “buying goods or services” which are
of understanding of the Indonesian community cheaper by card than cash without any promotion
regarding cash waqf is due to being fixated on the of prices for goods and services or paying at normal
meaning of “traditional waqf” which is limited to prices because it is not appropriate for consumers
land and buildings which is a challenge in itself. who pay in non-cash. . Discrimination or different
In addition, research by (Rusydiana et al., treatment on the price of goods or services that
2020) explains that in referring to the results of is detrimental to consumers who transact in cash
the Internal Factor Evaluation (IFE) analysis, the results in injustice that does not protect the dignity
highest ranking of strength is the ability of cash of a consumer.
waqf to expand the base of waqf funds, followed by Research by (Darwanto, 2012) on Waqf which
convenience and zero cost of funds. In comparison, has a very important position in the Islamic world.
the main weaknesses are the lack of socialization In terms of the use of waqf as one of the resources
to the public and the lack of professional human used for the welfare of the “Muslim community”
resources for Nazhir. The results of the EFE towards progress as in the current era. Apart from
analysis imply that the highest ranking opportunity that as a source of funding in social and education
is the potential for unlimited cash waqf, followed and health activities. In addition, waqf can be
by the emergence of many Islamic financial used as an alternative in order to “strengthen the
institutions and Islamic economics study programs economy of the Indonesian people”. So that the
in universities. Meanwhile, the top threat is the usefulness value is felt and is also sustainable
weak political will of the rulers, followed by the for every community. Thus with regard to “waqf
majority of traditional Nazhires. It is hoped that is also expected to be an alternative to improve
there will be a joint commitment from various the welfare of society. The community becomes
parties, both from policy makers and academics prosperous with the presence of professional
as well as practitioners to support and encourage waqf management institutions which can certainly
efforts to develop the Islamic financial (social) support in order to increase “empowerment of
industry, particularly in developing cash waqf in waqf for the benefit of the people”.
Indonesia. Thus the Money Waqf Stakeholders in Waqf must continue to develop in accordance
Indonesia need to be empowered again in order to with the times as research by (Fauziah & Tulmafiroh,
increase their professionalism to prevent runaway 2020). So that the presence of cash waqf is
customers. expected to boost the development of the country’s
The same thing in the research found by economy. In this regard, the study of waqf in this
(Wijayanti, 2020) in his journal that what is contained regard (Harahab, 2020) in terms of adaptability in
in Law 8/1999 concerning “Consumer Protection” the regulation of “waqf fiqh” which is included in
which has been in effect for approximately 20 years, the national legislation is demolished: the elements
but there are still regulations in terms that aim to of waqf themselves include “wakif, nazhir, pledge
protect consumers, and There have been three of waqf, property of waqf the allocation of the
proposals submitted to the Constitutional Court waqf, as well as the term of the waqf “and is also
regarding the material of the law on “Consumer related to” the management and development
Protection” which has never been canceled and of assets in waqf, elements of registration and
has also undergone amendments. In order to meet reporting of assets in waqf, and besides that there
legal needs in society, the “bank” with the policies is also a change in the designation and status of
of the Central Bank of Indonesia are competing to waqf assets. The principles of waqf that exist in
provide the best and superior promotions so that the study of waqf fiqh into national legislation
they are related to attracting the hearts of their include the principles of benefit and legal certainty
consumers. The choice of payment by electronic as well as professionalism and accountability.
money causes consumer helplessness to prefer in Similar to what was conveyed by (Ryandono,

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al-Mawarid: J. Sy. & Hk. 1: 21-32 (2021)
2019), cash waqf in Indonesia has enormous deposit of “waqf assets” can invest the money
potential. In fact, this enormous potential cannot in capable “halal business” sectors that generate
be optimally managed and utilized by the waqf benefits. The bank, in this case as a nazir, is entitled
management body. Another problem faced with to a maximum reward of 10% of the profits. In the
cash waqf is the difficulty of integrating a system event of the Launching of the National Movement
of funding, financing, willingness to achieve, for Cash Waqf and the Inauguration of the Sharia
and distribution of beneficiaries. In the current Economic Brand, it was explained that “Waqf
era, waqf in Indonesia has not been digitized and money is a blessing for the ummah” as conveyed
has not used the Financial Technology (FinTech) by (ma’ruf amin, 2021) as the vice president of the
system, so it is less economical and inefficient. Republic of Indonesia and as deputy chairman of
Waqf can be a solution to the capital problems the KNEKS or the National Committee for Sharia
faced by startup companies, most of which are not Economics and Finance on Monday , 25 January
bankable. On the other hand, it is hoped that this 2021. Potential assets of 2 trillion 188 trillion in
will encourage Nadzir to be involved in growing Indonesia as conveyed by the President of the
and developing entrepreneurship for the younger Republic of Indonesia Joko Widodo at the event.
generation starting with establishing a start-up As research by (Adwi & Syibly, 2019) in
company. With the existence of cash waqf, it can terms of funding in mosques, for example, it is
be an alternative solution to capital problems for inseparable from donations and waqf where these
young startups that are not bankable. The Sharia religious activities are allegedly for the benefit of
Financial Technology System (SFT) is a system the ummah. such as infaq for the purchase of land,
capable of integrating nadzir with Islamic Financial where the land that is invested will be donated so
Institutions Receiving Cash Waqf (IFIACW), that the donated property at the Adz-Dzikir mosque
funding, financing, mauquf alaih, novice investors, uses the means of infaq to become a waqf in the
Sharia Financing Guarantee Institution (IFGI) and community. As research by (Asmara & Abubakar,
Sharia Banks. 2019) in cash waqf where this money waqf is one
The National Movement for Cash Waqf and of the innovative instruments in order to create
Sharia Economic Brands in the Era of the “social welfare” in the community. With the
Industrial Revolution 4.0 presence of this “cash waqf”, public participation
This movement is expected to travel quickly, in general will be wider and wider in supporting
broadly. And GNWU or the National Movement the increase in the distribution of social welfare in
for Money Waqf is also called sodaqoh Jariyah the community. However, in the current reality, the
(ma’ruf amin, 2021). Research by (Hidayatullah, benefits of “cash waqf management” in Indonesia
2016) related to Money Waqf in Islamic Law and have not been felt. Referring to Law no. 41/2004
Positive Law in Indonesia, where money occupies concerning Waqf, with an in-depth discussion of the
an important position in economic transaction management of cash waqf that is carried out by its
activities or muamalah in various countries around institutions, including the Indonesian Waqf Board
the world because it does not only function as as the collector and developer. Then Nazhir as
a medium of exchange, it will but it has been manager. In addition, Sharia Financial Institutions
considered as an object even though there are or LKS have the duties as collectors related to cash
differences of opinion among the scholars of fiqh waqf. He emphasized that these institutions have
as a commodity that can be traded in Indonesia. not run optimally. This is evidenced by in 2017
Provisions related to “cash waqf” implemented with a total potential cash waqf worth 180 trillion
in Indonesia are regulated in Law no. 41/2004 and only 400 billion realized. Thus the function
concerning Waqf. Cash waqf fundamentally can of LKS is Islamic banking which is tasked with
encourage Islamic banks to become professional collecting cash waqf. The management and
nazir. So that the bank as the recipient of the distribution model is similar to “Bank Waqf”

28
Sharia’s economic law perspective about cash waqf
in “Bangladesh”, namely “Social Islamic Bank The concept of waqf that is present in insurance
Limited” also known as Social Investment Bank includes the Waqf Fund, a waqf with an insurance
Ltd. Thus related to Islamic banking which has model, where the Tabarru fund that is in sharia
the competence and professionalism related to the insurance is called “waqf funds”. In addition there
management and distribution of funds from the is also a “Waqf Policy” where this waqf is in the
proceeds of this cash waqf. hands of the policy holder himself, in waqaf and
Based on owned journals (Harrieti & Abubakar, sharia insurance which aims to be used as a means
2020) where waqf Bank can be defined as a Sharia to take advantage of insurance by investing via the
Financial Institution that carries out “cash waqf waqf management agency, of this usefulness value
activities” which are included in the process of can be used to guarantee benefit of the people.
collecting, utilizing and distributing it with the
intention of utilizing the assets of “waqf objects. CONCLUSION
“In the form of” money “in accordance with its
function for the benefit of worship and to promote The results of this study found that the view
public welfare. Waqf banks can be a solution in of Islamic economics in Indonesia regarding cash
optimizing the management of cash waqf in order waqf as a movement to improve the country’s
to improve the welfare of the people, including economy through the brand of Islamic economics
in Indonesia. Currently, the management of cash can be done by developing the potential that exists
waqf involves Islamic banking as the Islamic in cash waqf as in Law No.41 / 2004 where moving
financial institution receiving cash waqf. It is objects are in “Waqf for moving objects. “Which
interesting to examine how the financial services is manifested in the form of money. So that cash
sector regulatory reforms in the formation of waqf from the perspective of Islamic economics
waqf banks in Indonesia. With this research, and conventional economics in the era of the
there is an answer to the reform of financial industrial revolution 4.0 is now like this. In relation
services sector regulations in the formation of to cash waqf, there are several benefits, including
waqf banks, especially in Indonesia, namely by making the welfare of the people with several
making amendments in the intention of improving tangible forms, including in the fields of education
related laws related to money waqf which include and health. In this case the stakeholders in cash
specifically those contained in the Islamic Banking waqf also need to synergize their professionalism
Law and also the Waqf Law and its regulations. It in order to attract customers’ interest in donating
is recommended that such regulatory reforms be their assets or money.
carried out by establishing a coordination forum
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