WAQAF TUNAI DALAM PERSPEKTIF ULAMA DAN KETENTUAN HUKUM YANG BERLAKU DI INDONESIA

Abstract

Fiqh scholars have a different opinion about the law of cash waqf. The Shafi’i schools, Maliki schools and Hambali schools allow cash waqf. but the Hambali school emphasizes that funds obtained from cash waqf must be allocated in the form of mudaraba investments or with a profit-sharing system. According to Ibn Qudamah, cash waqf is not allowed. The reason is, if the money is represented is gone, there is no more form. And if it is withdrawn from its benefits, it means that it has changed the main function of money itself, namely as a means of transaction or exchange. According to M. A. Mannan, cash waqf is allowed. Cash waqf in Indonesia already has a strong legal basis. First, the Fatwa of the Indonesian Ulema Council on May 11, 2002, which permit cash waqf. Second, Act Number 41 of 2004 concerning waqf. In articles 28-31 of the Act, it is stated that cash waqf is permitted. Likewise, Article 22-27 of Government Regulation Number 42 of 2006 concerning the implementation of the Waqf Law explicitly states that cash/ money can be waqf. Then reinforced by Minister of Religion Regulation Number 4 of 2009 concerning Administration of Cash waqf Registration.