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Thursday, December 27, 2007 20:03
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Etymologically, waqf comes from the Arabic word "Waqf" which means "al-Habs". It is a word shaped masdar (infinitive noun) which basically means to hold, stop, or silence. If the word is linked to property such as land, animals and others, it means freezing of ownership for certain benefits (Ibn Manzhur: 9/359).
As a term in Islamic sharia, waqf is defined as the property of the property (al-'ain) for the purpose of supplying benefits or benefits (al-manfa'ah) (al-Jurjani: 328). While in the books of fiqh, the scholars differ in opinion in giving the meaning of waqf. These differences carry different consequences on the law raised. The definition of waqf according to fiqh experts is as follows.
First, Hanafiyah defined waqf as restraining Wakif's proprietary material (al-'ain) and rendered or rewarded its benefits to anyone desired for the purpose of virtue (Ibnu al-Humam: 6/203). The definition of waqf explains that the position of waqf property remains stuck or stopped in the hands of Wakif itself. By definition, Wakif is still the owner of his treasured property, while the waiter only takes on the benefits of the property, not including his property assets.
Secondly, Malikiyah argued that waqf is the benefit of a property owned (although its ownership by way of lease) to be given to a person entitled to one contract (shighat) within a period of time in accordance with the wishes of Wakif (al-Dasuqi: 2/187). The definition of waqf only determines the grant of waqf to the right person or place.
Thirdly, Syafi'iyah interpreted waqf by holding the treasures that could benefit and abolish the material (al-'ain) by deciding the management right owned by Wakif to be handed over to the approved shirk of Nazhir (al-Syarbini: 2/376) . This group requires the treasured property to be the property of the material (al-'ain) whose property is not easily damaged or destroyed and can be utilized continuously (al-Syairazi: 1/575).
Fourth, Hanabilah defines waqf with a simple language, that is to retain the origin of the land and render the benefits (Ibn Qudamah: 6/185). That is according to the jurists of fiqh. What about the laws of Indonesia? In Law No. 41 of 2004, waqf is defined as the act of the law of Wakif to separate and / or surrender some of his property to be utilized forever or for a certain period of time in accordance with its importance for the purpose of worship and / or general welfare according to sharia.
From some definitions of waqf, it can be concluded that waqf aims to provide the benefits or benefits of the treasured property to the person entitled and used in accordance with Islamic sharia teachings. This is in accordance with the waqf function mentioned in Article 5 of Law no. 41 of 2004 stating waqf serves to realize the potential and economic benefits of waqf property for the purpose of worship and to promote the general welfare.
Rukun Wakaf There are four pillars that must be fulfilled in the waqf. First, the beraqq (al-waqif). Second, the blessed thing (al-mauquf). Thirdly, those who receive the benefits of waqf (al-mauquf 'alaihi). Fourth, lafadz or wakaf pledge (sighah).
Terms of Waqf
1. Conditions of a person who is a wakaf (al-waqif) The conditions of al-waqif there are four, the first of these berwakaf must have full possession of the property, meaning he is free to grant the property to whomever he wishes. Both he must be a sensible person, a foolish idiot, a madman, or a drunk person. All three he must be puberty. And the fourth he must be able to act legally (rasyid). The implication of a fool, a bankrupt person and an impostor is illegitimate to his property.
2. The terms of the treasured property (al-mauquf) The treasured property shall not be alienated, except when it fulfills certain requirements as determined by ah; the first of these items must be valued Second, the treasured property must be known to the extent. So when the property is not known the amount (forwards), then the transfer of property at the time is invalid. Thirdly, the treasured property must be owned by a wakaf (wakif). Fourth, the property must stand alone, not attached to another property (mufarrazan) or also referred to as the term (ghaira shai ').
3. The conditions of the person receiving the benefits of waqf (al-mauquf alaih) In terms of the classification of those who accept this waqf there are two kinds, the first one (mu'ayyan) and not
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