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Friday, October 29, 2010

The definition of Waqf

Etymologically, endowments derived from Arabic word "Waqf" which means "al-Habs". It is a word that shaped masdar (infinitive noun) which basically means to hold, stop, or shut up. If the word is associated with a property such as land, animals and others, it means the freezing of property rights to certain benefits (Ibn Manzhur: 9 / 359).

As a term in Islamic law, is defined as a detention waqf property rights over material objects (al-'ain) for purposes of benefit or usefulness menyedekahkan (al-manfa'ah) (al-Jurjani: 328). While in the books of fiqh, the scholars disagree on gives light waqf. These differences bring a different result on the law has caused. The definition of waqf according to fiqh experts are as follows.

First, define Hanafiyah endowments as a resist material objects (al-'ain) owned or mewakafkan menyedekahkan wakif and benefits to anyone who desired for the purpose of virtue (Ibn al-Humam: 6 / 203). The definition makes clear that unlicensed status of waqf waqf property is still stuck or stalled in the hands wakif itself. With a sense, wakif still be the owner of property who diwakafkannya, when perwakafan just happened onto the benefits of such property, not including property asset.

Second, Malikiyah argues, is to make the benefits of a waqf property owned (although ownership by way of lease) to be given to the person entitled to a contract (shighat) within a specified period in accordance with the wishes wakif (al-Dasuqi: 2 / 187). The definition of waqf waqf can only specify gift to the person or place that has the right only.

Third, Syafi'iyah interpret endowments to hold treasures that can provide lasting benefits and material possessions (al-'ain) by deciding which management rights are owned by wakif to be submitted to Nazhir allowed by sharia (al-Syarbini: 2 / 376) . This class of property requires that diwakafkan should treasure the eternal object of matter (al-'ain) with a sense of wealth that is not easily damaged or destroyed and can be taken for continual benefits (al-Syairazi: 1 / 575).

Fourth, define Hanabilah endowments with simple language, which is held from the property (land) and the resulting benefits menyedekahkan (Ibn Qudama: 6 / 185). That's according to the scholars jurists. How do so by law in Indonesia? In the Law number 41 of 2004, the waqf is defined by legal acts wakif to separate and / or give up some of his property to be used forever or for a certain period in accordance with their interests for purposes of worship and / or the general welfare according to sharia.

Of the several definitions of these endowments, it can be concluded that the waqf aims to provide benefits or benefits that diwakafkan property to the person entitled to and used in accordance with teachings of Islamic Sharia. This is consistent with the function of waqf mentioned article 5 of Law no. 41 of 2004 which states waqf works to realize the potential and economic benefits waqf property for the purposes of worship and to promote the general welfare.

Waqf Pillars

Pillars Endowments There are four pillars that must be met in berwakaf. First, people who berwakaf (al-Waqif). Second, objects that diwakafkan (al-mauquf). Third, the person receiving the benefits of waqf (al-mauquf 'alayhi). Fourth, pledge lafadz or waqf (sighah).

Terms of Endowment

1. Terms berwakaf people (al-Waqif) The terms al-Waqif there are four, the first person this berwakaf must assuredly have full treasure, meaning he was free to mewakafkan property to sesiapa that he wills. Secondly he must assuredly men of understanding, not legitimate endowments fool, a lunatic, or someone who was drunk. Thirdly he must assuredly baligh. And the fourth he must necessarily people who are legally able to act (Rashid). The implication is a fool, people who are muflis and the weak memory unauthorized mewakafkan property.
2. Terms diwakafkan property (al-mauquf) The property is not valid diwakafkan dipindahmilikkan, except when he meets the criteria as determined by the ah, the first item that must necessarily diwakafkan valuable goods Secondly, it must assuredly diwakafkan treasure known in levels. So if the property were an unknown number (majhul), then transfer the property when it is not legitimate. Third, it must diwakafkan property owned by persons who berwakaf (wakif). Fourth, the treasure must necessarily stand alone, not attached to other property (mufarrazan) or also called (ghaira Shai ').
3. The terms of the person receiving the benefits of waqf (al-mauquf alaih) In terms of classification of people who received these endowments are of two kinds, a certain first (mu'ayyan) and unspecified (ghaira mu'ayyan). What is certain is dimasudkan with, obviously people who receive endowments that, whether one, two people or a certain set of things and should not be changed. While that does not necessarily mean berwakaf place was not determined in detail, for example someone someone for the indigent, poor, places of worship, etc.. Requirements for those who accept this particular waqf (al-mawquf mu'ayyan) that he must necessarily be the person to own property (Ahlan li al-Tamlik), then the Muslims, independent and qualified zimmi infidel is allowed to have a waqf property. As for the fool, slave, and receiving unauthorized madman waqf. Terms and conditions relating to ghaira mu'ayyan; first is that it will receive waqf waqf must assuredly can make it for the good of which it can be closer to Allah. And the waqf is intended only for the sake of Islam.
4. Terms Shigah regard to the content of speech (sighah) needs to have some reservations. First, it must necessarily contain adequate utterance of words that show eternal (ta'bid). Not valid waqf if greeting with a certain time limit. Second, words that can be realized immediately (tanjiz), without hooked or hung to certain conditions. Third, speech that is certain. Fourth, the speech was not followed by a requirement that void. If all the above requirements can be met then the possession of the land for the recipient waqf waqf is valid. Pewakaf can no longer pull back ownership of the treasure has been moved to Allah and mastery of these treasures are people who receive endowments are generally considered to be the owner but he is ghaira tammah.

source: http://www.pkesinteraktif.com/lifestyle/ziswaf/71-pengertian-wakaf.htm

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