Understanding Waqf and Waqf Law In Islam (Complete Discussion) – In Islam it is familiar with the word “waqf”. Objects that can be represented are durable, not just disposable items and they are valuable according to Islamic teachings. Waqf objects cannot be owned by individuals, waqf objects are represented by a group of people or people who can use these waqf objects for the benefit of the people.
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- 1Understanding Waqf and Waqf Law In Islam (Complete Discussion)
- 1Definition of Waqf
- 2Islamic Waqf Law in Islam
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Understanding Waqf and Waqf Law In Islam (Complete Discussion)
The following will explain the meaning of waqf in language, according to the term, the Imam of the School and the government and its laws in Islam.
The meaning of waqf in language means ‘to hold back ‘. According to the term syara ‘wakaf is to hold onto something that remains of its substance, for its benefit for the good and advancement of Islam . Holding on to something that has substance can be interpreted as an attitude of not selling and not giving and not giving, but giving only for the benefit of it on a general scale (not to a specific individual).
The Shaykh Priest and Hambali defines the waqf as one who retains his wealth for use in all spheres of prosperity while still maintaining that property as a form of submission to God. Furthermore, the definition of waqf from the Hanafi sect is to hold back property by giving up its ownership of God.
A person who makes a donation means that he gives up ownership of the property and gives it to God to be able to provide benefits to humans permanently and continuously, may not be sold, granted, or bequeathed.
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The slightly different meaning of the priest of Abu Hanafi was to hold the property to the possession of the deceased from the outcome or to pass on the benefit to those he loved. Referring to the definition of Abu Hanifah it can be understood that the property was under the supervision of the deceased during his lifetime. It can be passed on to his heirs if he has died for sale or lease.
Another understanding of waqf from the Maliki school of thought is to provide something of the results of the benefits of the assets, where the principal assets remain on the ownership of the beneficiary even if only for a moment.
Against the view of all the Imams, the Indonesian government also issued regulations regarding waqf. Government regulation no. 28 of 1977 is a legal act of a person or body of law that separates some of his property, which is his property and perpetuates it. For the purpose of worship or any other general purpose in accordance with the teachings of Islam.
Armed with an understanding of some of the views related to endowments, we can draw the conclusion that endowments are among the types of gifts. But benefits should only be taken and the object must remain intact. Therefore, assets that are worth to be represented are assets that are not used up and are generally not transferable, for example land, buildings and the like. Mainly for public purposes, for example for mosques, prayer rooms, Islamic boarding schools, orphanages, public roads, and so on.
Waqf Law in Islam
Legally waqf is the same as charity Jariah. Judging from the nature of waqf is not just a theme by sharing wealth like most charity alms. However, the greater reward will be obtained by people who believe. The level of usefulness of waqf also reaches many people because the target is general benefit, not directed at the individual. The reward received flows continuously as long as the goods or objects represented are still useful and beneficial. Waqf law is sunna . Affirmed in a hadith:
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Which means: ” When Adam’s son dies, all his deeds are lost, except for three (kinds), that is, the alms (of the flow), the knowledge used, or the shaleh who prayed for it .” (HR Muslim)
Property that is leased cannot be sold, leased or inherited. However, such waqf property should continue to be utilized in the public interest as intended by the person in question.
The Prophet’s hadith says: ” Verily, Umar obtained a piece of land in Khaibar. Umar asked the Messenger of Allah; O Messenger of Allah, what is your command to me concerning the land? He replied: If you like to hold the land and give it its benefits! Thus, with his guidance, Umar surrendered his land with an agreement that his land would not be sold, not leased or inherited . ” (HR Bukhari and Muslim)
Basic knowledge about waqf hopefully can make us better understand our social functions as humans. The law of waqf teaches us about the value of the glory of a human being which should be measured by the level of its usefulness as a human being for his fellow man and religion. Let’s be noble by continuing to be more beneficial to others and religion.