Discourses of Productive waqf in Indonesia has appeared since Act Number 41 Year 2004 concerning Waqf has been published. This discourse requires the management of waqf to be more productive at several institutions of waqf in Indonesia including pesantren, because all this time the management of waqf looks consumptive. this paper will discuss about what are the problems in implementation of productive waqf in Pesantren. This paper is library research. The data is taken from the book reference that explaining the pesantren experience of several pesantren such as Pesantren Gontor, Pesantren Tebuireng and Pesantren Ash-Shiddiqiyyah. The data that has been collected would be analyzed descriptively qualitative. The results of this research show that the problems of implementation of productive waqf in pesantren can be described as follows: Firstly, the majority of the positions of waqf pesantren are not yet fully owned by the public institution, so that the community is less concerned to participate in the development of waqf assets of pesantren. Secondly, The unclear status of the outcome of waqf, whether it belongs to the institution of waqf automatically or it belongs to the owner of the pesantren. Thirdly, The manager of waqf pesantren (naẓîr) is less professional. The majority of them are still patterned in the paradigm of consumptive waqf thinking, besides that the selection process of the manager of waqf perfunctorily make their sense of responsibility relatively reduced
Productive waqfis a new paradigm introduced in several regulations o f endowment in Indonesia. This paradigm requires the management o f waqfassets to be more productive, including "pesantren" as an institution that possesses numerous areas ofwaqf. This situation leads to various problems at pesantren institutions to implement the paradigm ofproductive waqf. The problems are related to the problems ofpublic ownership to waqf asset, asset status, and legal persons o f w aqf especially in the sense o f the competence and professionalism o f nazhir at pesantren. uaJbxSwwB J j 4 -d i i 4 j . _ i l i jy jL i
This paper discusses the contextualization of mustahiq zakat seen from the changes in its meanings which have expanded to riqâb, ghârim, sabîlillâh and ibn al-sabîl, while other meaning of mustaḥiq is relatively static such as faqîr, miskîn, 'âmil, mu' allaf. Practically, the concept of mustahiq zakat is contextualized by various zakat managers, one of which is Laznas (National Amil Zakat Institute) Nurul Hayat Surabaya. Mustaḥiq zakat which refers to the poor and âmil is contextualized according to the general meaning in classical and contemporary fiqh. While the mustahiq zakat of mu'allaf is contextualized to be limited to people who have converted to Islam, while the concept of mu'allaf in fiqh includes people who have not converted to Islam but have social potential and strength. The mustahiq zakat of riqâb, ghârim, sabîlillâh and ibn as-sabîl are contextualized widely beyond the meaning in fiqh generally. The contextualization of mustahiq zakat by Laznas Nurul Hayat shows that the benefit of humans (maṣâliḥ al-'ibâd) is the main consideration in zakat management, in addition to the contextualization of mustaḥiq zakat is proof that changes in situations, conditions, environment and socio-culture influence the changes in Islamic law. The conclusion in this paper uses the theory of change in Islamic law and uses a normative approach which aim to reveal the truth values in the practice of zakat in society which can be actualized in the future.
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