REGISTRATION PROCEDURES OF WAQF PROPERTY
Waqf is withholding some object to perpetuate substance (ain) it and benefit from it is given to the way of goodness. Waqf is a religious institution with an important role in the development of Islamic societies. In Islamic law endowments classed shadaqah jariah, which is a virtue that rewards and benefits continue to flow and categorized community worship (Worship Ijtima`iyyah).
Throughout the history of Islam, is a means and capital endowments are crucial in promoting the growth of religion.
In the light of Islamic law solely for the implementation of the endowment is simple. There are no complicated procedures in Waqf However, if the administration is not regulated, it is feared in the event of a dispute, the land is converted to individual rights.
To prevent this, in Indonesia issued Government Regulation No. 28 Year 1977 on Land Owned as result of waqf .
This regulation is intended as an attempt "to curb" waqf lands, so that its management is not misused and deviate from Islamic teachings.
In 2004 published the law endowments No. 41 of 2004 which regulates the issue of both waqf endowments overall movable or immovable objects, including cash waqf in cash and stock. As a result of the issuance of such legislation by itself make an issue of waqf was not only viewed as a religious institution relied Islamic law alone, but also has set its position as a formal institution in national law.
This means that the implementation of the endowment in addition must meet the conditions stipulated by the teachings of Islam, also must meet all formal requirements contained in the legislation.
1. Methods and Implementation Research.
The population in this study is waqf land located in District of Sukarami. Based on information obtained from the local Religious Affairs Office District of waqf land account for at 98 locations with an area of 147 875 m2.
Based on consideration of the location of donated land, is also considering the limited cost and time available, then of the population in this study were 6 villages captured three villages that become an area of research samples, each village of Sukabangun, Flower and Village of Alang-alang Lebar and will have as many as 30 subjects the sample as a respondent in the data collection for the purposes of research.
In collecting data on the state of waqf land in District of Sukarami used the following methods: Method Interview to obtain the procedure adopted in donating lands.
Those interviewed were wakif, the nadzir land endowments, Head of the Religious Affairs Office of the District of Sukarami, the Assistant Registrar of Marriage Employees (VAT) and community leaders in the District of Sukarami. Book study method used to obtain data about a brief overview of the Government Regulation No. 28 of 1977 and Act No. 41 of 2004 concerning waqf endowments and the conception of Islam.
2. Conception of Waqf in Islam
Generally known by the majority of Muslims in Indonesia, endowments is that hold treasures that can be utilized without the object disappeared by not taking legal action against the object is supplied to a permissible (unclean) there. (Al-Ramli, Nihayah Muhtaj ila al-Sharh al-Minhaj, Darul Fikr, 1984, p 357)
Another notion that endowment is a legal act of a person or group of persons or legal entities that separates a portion of his possessions for the benefit of worship or other public purposes in accordance with the teachings of Islam; and objects are all objects
Wakaf either movable or immovable, which has the durability that not only disposable and valued according to Islamic teachings. (Compilation of Islamic Law in Indonesia, Book III)
Proposition which forms the basis of religious endowments of Islamic law text comes from understanding the Qoran and Sunnah in the verses of the Qur'an Surat al-Hajj, 77, Surah Ali Imran, 92, Q. Surat Al-Baqarah, 261.
In several Hadith of the Prophet narrated by Muslim from Abu Hurairah true Messenger of Allah said If the son of Adam (human) dies, the severing of charity but three cases; shadaqah jariyah, beneficial knowledge and righteous children who pray for their parents (transmitted by Muslim). The interpretation shadaqah jariyah in the Hadith is a waqf (Imam Muhammad Ismail al-Kahlani, tt, 1987).
Judging from some verses and sayings of the Prophet pertaining waqf is seemingly not too firm. Therefore, very few laws endowment established by these two sources. So the doctrine of waqf is placed in areas that are ijtihadi not ta`abbudi, especially with regard to management aspects, types of endowments, terms, and other designation.
Therefore, when a law / Islam who entered the territory ijtihadi, then it becomes extremely flexible, open to new interpretations, dynamic, future-oriented (fururistik). So with a huge potential to be developed according to the needs of the times. Moreover, the teachings of this waqf including parts of muamalah which has a very wide range.
3 Procedure of Waqf
The procedure adopted by the community in donating land of Sukarami buffer categorized into two groups. First, Based on the prevailing tradition among the local community and in accordance with the laws of Islam, Second, Under the terms of government regulations on land owned of waqf. The procedure can be broken out into four patterns:
Patterns First, 20% of respondents said someone on his own consciousness of waqf orally to groups of people, such as board or committee mosque or madrasah violated. In waqf handover was attended by two male witnesses or one male and two women among them. The Board did not leave a receipt endowments
. They reasoned that the submission of waqf to the group of people it better able to ensure the continuity of waqf. The statement ( pledge ) endowments made orally in accordance with the provisions of Islam that they know of the scholars through lectures, recitals and more. They are more inclined to cede land for the mosque and the like because it follows what has been practiced by the Prophet Muhammad. To watch endowments and signed the letter of surrender, they follow the rules of Islam on muamalah as described in the previous chapter. After endowments were handed over, they do not ask for a letter of waqf as groundless that should not exist in Islam and giving his advice receipt in writing is not a requirement in the reception waqf property. In Islamic law the important thing is the receipt of oral on individual endowments, whereas in other endowments is not required.
Second Pattern: As stated by 44% of respondents are: the public after hearing a description or extension of the preacher and chaplain of the endowments, they feel compelled to donating part of his wealth to the common needs. Endowments that they submitted orally and then announced to the local community. The people present at the time of submission of waqf was already considered to be a witness. The way they do it mostly by religious customs applicable to generation among the local community that is done by word of mouth without pouring in writing.
They assume that such in accordance with the provisions of Islam, where the endowments it would otherwise require their aqad alone is a sign of submission (lafaz consent) of wakif like "I waqf" and the receipt of oral (lafaz kabul) of recipients on endowments from individuals like "I received its waqf , While in endowments to the public are not required any longer and quite lafaz qabul with the submission of the waqf property alone. For those who already know the provisions of the regulations on recording another groundless endowments, namely that it is not an urgent need but as local area.
There is another that states if the endowment was recorded or registered with the State Land Agency, feared his land would be taken or controlled by the government. Delivery of which is without a special witness, because in the local community every submission endowments announced to the mob through the recitation, at a time when Friday prayers at a special notice board.
Third patterns, 22% of respondents said that the waqf was carried out by local people of the community if there are plans to build a mosque, violated and the like. Endowments it professed orally and in writing in front of the public and also witnessed the handover. By its Nadzir appointed by the public directly with wakif approval, then nadzir that provides proof of mailing endowments.
Motion of waqf in the local community arise when there is an urgent need.
So they berwakaf in accordance with the needs alone. Next they explained that the recording of the endowment is necessary because of the development of today's era where the need for the ground to the increasingly urgent and difficult to maintain when there is a lawsuit later. Recording was not explicitly stipulated in Islam but can be linked to other muamalah provisions such as trade, debt receivables, because of same goal, namely to strengthen the testimony, avoid any doubt in the future and be responsible of sight of Allah. This is in accordance with the word of God s.w.t.al-Baqarah 282, which means O believers, if you do rmuamalah not in cash for the specified time you shall write it.
Fourth patterns, 14% of respondents said another form of their way of waqf is to hand over their land to nadzir appointed directly by wakif and approved by the local KUA as PPAIW. The handover is done with written and spoken in front of KUA( The head office of religious affair of district area ), which was attended by two witnesses men or two women. Once the pledge is done, then KUA make pledge . Endowment Deed of the land, then register to the local Agrarian to note in the book of the ground and also requested a certificate of waqf land to occur before any government regulation.
The way they took it in accordance with Islamic guidelines and regulations of the Government. They explained that government regulation was made by the Head of State to run the Basic Agrarian Law No. 5 of 1960. We as citizens and Muslims must abide by and implement the regulation because it was created by ulul Azmi (people who have the foresight and mind high on siasah people and social welfare).
According to them held of waqf recording is to curb the religious treasure for the benefit of society.
More respondents explained that by obeying the procedure as stipulated in the government regulation means waqf land has strong legal status and can be maintained in code of judge if there is a lawsuit or a dispute in the future.
C. Conclusion
1. Most people of Sukarami support the publication of legislation on waqf, but not as yet know how to do it
2. The procedure adopted by the public of Sukarami in donating the land based on the prevailing tradition is passed down through society, but in accordance with Islamic law. Very few are the procedures as in government regulations.
DAFTAR PUSTAKA
Abu Zohrah, Muhammad, Muhadarat fil Waqfi, Darul fikri, Cetakan Kedua, tanpa kota dan tahun.
Hashbi Ash-Shiddiqi, T, M, Prof, Dr, Hukum-Hukum Fiqh Islam, Bulan Bintang, Jakarta, 1978.
Ibnu Rusyd, AL-Hafiz, Bidayatul Mujtahid Wanihayatul Muqtasid, Sabih, Mesir, tanpa tahun.
Jawaru Maghniyah, Muhammad, Ilmu Ushulul Fiqh, Darul ilmi, Bairut, 1975.
Muslim, Shohih Muslim bi Syarhin Nawawi, Jilid II, Babil Halabi, Mesir, 1924
Syaukani, Muhammad bin Ali Asy-, Nailul Authar syarh Muntakal Akhbar, jilid v dan VII,
Musthafa Babil Halabi, Mesir, tt.
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Musthafa Babil Halabi, Mesir, 1349. H.
Undang-Undang Nomor 5 Tahun 1960 tentang Pokok-Pokok Agraria
Peraturan Pemerintah Nomor 28 Tahun 1977 tentang Perwakafan Tanah Milik
Undang-Undang Nomor 41 Tahun 2004 tentang Wakaf
Peraturan Pemerintah Nomor 42 Tahun 2006
