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Wakaf tunai dan aplikasinya dalam undang-undang di negara ASEAN
Fathullah Al Haq Muhamad Asni1, Jasni Sulong2.
Waqf is a form of benefit of public property by means of giving
said property inaleable rights by Allah SWT. Originally, waqf was
derived from immovable property so as to ensure the continued
benefits to the public by the nature of being permanent and more
difficult to damage or corrupt. As such, the concept of cash waqf
appeared contrary to earlier theories regarding the perpetuity of
of endowment. This is because the nature of cash waqf involves
movable property and a lack of permanence; it can be lost or
damaged easily. However, there have been differences of opinion
among jurists and some of them have accepted the view that
there can be cash waqf. That said, Abū Ḥanīfah, Abū Yūsuf, and
the majority among Shāfi‘ī and Ḥanbalī scholars do not accept
this theory. In the contemporary period though, the acceptance of cash waqf is gaining acceptance in many countries including
Muslim countries of which the majority are Shāfi‘ī. This study
was conducted to examine the concept,its implementation, and
public acceptance of current legislationsin various ASEAN
countries. This study is qualitative in which data were collected
and analysed with the method of literature review and analyzed
alongside current legal practices as stipulated in the provisions
of national statutes and the fatawa. The study focuses on Islamic
countries in ASEAN which primarily appealto the Shāfi‘ī
madhhab, such as Malaysia, Indonesia, Brunei, Singapore and
Thailand. The study found that ASEAN countries are largely in
disagreement with regard to the Shāfi‘ī position’s non-acceptance
of cash as a form of waqf. This disagreement proves that ASEAN
countries are open to accept other Islamic jurists as long as it
brings benefit to the Muslim community.
Affiliation:
- Universiti Sains Malaysia, Malaysia
- Universiti Sains Malaysia, Malaysia
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