Legal Entity/ Institutional Nazhir And The Concept Of Maslahah In Indonesian Waqf Regulation, Journal of Islamic, Social

Yumarni, Ani and Suhartini, Endeh and Mulyadi, Mulyadi (2019) Legal Entity/ Institutional Nazhir And The Concept Of Maslahah In Indonesian Waqf Regulation, Journal of Islamic, Social. Journal of Islamic, Social, Economics and Development (JISED), 4 (23). pp. 9-22. ISSN 0128-1755

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Abstract

The main purpose of Islamic law is to reach benefit (maslahah). This principle is dominantly put forward in the process of forming and applying Islamic law, as affirmed in the Qur'an and Sunnah. Maslahah is a synonym of the word 'benefit' and the opposite of the word 'mafsadah' (damage). The process of establishing Waqf law in Indonesia, the principle of Maslahah is prioritized mainly in the provisions stated that waqf regulation not only about Individual Nazhir, which is usually seen in ‘ahli' or 'dzurri' Waqf, but also states that a Legal Entity/ institutional can become a Nazir waqf in managing the assets.The concept of Waqf in the perspective of Imam Syafi'i confirms that the pillars of waqf consist of: Wakif (the people), Mauquf ‘alaihi, mauquf bihi, and Wakaf pledge (statements). Meanwhile, the concept of Nazhir waqf developed in Indonesia nowadays is through the regulation in Law Number 41 of 2004 and Government Regulation No. 28 of 1977 about owned land waqf. In the practice of administering and managing waqf property, Islam outlines that the community, especially Muslims, must have experience and capacity so that the ummah(society) is able to fulfill their needs. Nazhir ability in having productive thinking and applying modern management of waqf assets is needed in order to realize a tangible contribution in ensuring the sustainability of the social interests of the community. The issue of social interests of the general public is very synonymous with the joints listed in Maqashid Syariah, namely maintaining Religion, Maintaining the Soul, Maintaining Intellect, Maintaining Descendants, and Maintaining Property. This paper confirms that the establishment of the Legal Entity/Institution Nazhir in the Waqf Regulation is the Indonesian Fiqh which is reflected to the usage value. Then, as the embodiment of the explanation of the provisions in sharia that are global in nature (mujmal).

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