Konsep Sukuk Wakaf dalam Perspektif Fatwa DSN-MUI

Hartanto, Selamet; Sup, Devid Frastiawan Amir

doi:10.21154/muslimheritage.v6i1.2767

Cited by 3 publications

(7 citation statements)

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“…One example of the application of this maslahat theory can be seen in Fatwa 118/DSN-MUI/II/2018 concerning Guidelines for Guaranteeing Customer Deposits of Islamic Banks (Hartanto & Sup, 2021). Where to prevent harm in the form of loss of customer deposit funds (both in the form of savings, current accounts and deposits) in Islamic banks, a Deposit Guaranteeing Institution was formed which has the task of guaranteeing customer deposit funds and actively participating in maintaining the stability of the banking system according to their authority.…”

Section: Mashlahat Theorymentioning

confidence: 99%

“…One example of the application of this adat theory can be seen in the Fatwa 77/DSN-MUI/V/2010 concerning Cashless Gold Trading (Hartanto & Sup, 2021). Where in this fatwa it is stated that people's habits at this time often carry out gold buying and selling transactions using non-cash payments, either in installments (taqsith) or tough (ta'jil).…”

Section: Cultural Theorymentioning

confidence: 99%

“…One example of the application of this caliphate theory is Fatwa 84/DSN-MUI/XII/2012 concerning the Method of Recognizing Al-Tamwil bi al-Murabahah Profits (Murabahah Financing) in Islamic Financial Institutions (Hartanto & Sup, 2021). Where in recognizing the benefits of murabahah financing at Islamic financial institutions (including Islamic banks), there are 2 recognition methods, namely the proportional method and the annuity method.…”

Section: Khilafah Theorymentioning

confidence: 99%

“…One example of the application of this theory is Fatwa 79/DSN-MUI/III/2011 concerning qardh using customer funds (Hartanto & Sup, 2021). Where Islamic banks are not allowed to use customer funds in qardh contracts to gain profits, because qardh is a social contract and not a commercial contract.…”

Section: Wasilah Theorymentioning

confidence: 99%

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Islamic Banks: Analysis Of The Rules Of Fiqh On The Fatwa Of The National Sharia Board-Indonesian Ulama Council

et al. 2023

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Both directly and indirectly, Sharia banking regulations in Indonesia are heavily influenced by the Fatwa of the National Sharia Council-Indonesian Ulema Council. In its fatwas, the National Sharia Council-Indonesian Ulema Council cites many fiqh principles as one of its legal foundations which shows that fiqh rules occupy a crucial position in the fatwas issued by the National Sharia Council-Indonesian Ulema Council. But unfortunately, research and scientific studies related to fiqh principles are currently still relatively few and receive less attention from academics. Therefore, this study aims to find out how fiqh principles are used in the National Sharia Council-Indonesian Ulema Council fatwas related to sharia banking to fill the void in scientific studies and attract scientific interest in this field. This research is normative legal research/legal research. The data used in this study were obtained from the Sharia Banking Fatwa Association compiled by the National Sharia Council-Indonesian Ulema Council. The data is then analyzed using a qualitative content analysis technique, which analyzes the contents of various texts and then systematically transforms them into a very organized and concise main summary. The results of this study indicate that from 2000 to 2018, the National Sharia Council-Indonesian Ulema Council issued 90 fatwas related to Islamic banking. Of the 90 fatwas, 87 fatwas used fiqh principles as one of their legal foundations. Overall, the fiqh principles used in the National Sharia Council-Indonesian Ulema Council Fatwa regarding Islamic banking total 39 principles with a frequency of use of 266 times. Where the rule "Basically, all forms of muamalah may be carried out unless there is an argument that forbids it" is the rule most often used with a frequency of use of 85 times and Fatwa 118/DSN-MUI/II/2018 concerning Guidelines for Guaranteeing Deposits for Customers of Sharia Banks is a fatwa that the most use of fiqh rules is as many as 11 rules. Then, the generalization of the 39 fiqh principles used in the National Sharia Council-Indonesian Ulema Council Fatwa regarding sharia banking has at least produced several theories, namely the theory of origin law, the theory of maslahat, the customary theory, the Khilafah theory, the wasilah theory, the promise theory, the majority theory, and several another theory. In addition, the National Sharia Council-Indonesian Ulema Council fatwas related to sharia banking has also made a positive contribution to the development of sharia banking in Indonesia. Finally, for future researchers, we provide suggestions in the form of future research related to the principles of fiqh and the National Sharia Council-Indonesian Ulema Council Fatwa.

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Section: Mashlahat Theorymentioning

confidence: 99%

Section: Cultural Theorymentioning

confidence: 99%

Section: Khilafah Theorymentioning

confidence: 99%

Section: Wasilah Theorymentioning

confidence: 99%

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Islamic Banks: Analysis Of The Rules Of Fiqh On The Fatwa Of The National Sharia Board-Indonesian Ulama Council

et al. 2023

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“…113/ DSN-MUI/ X/ 2019. Waqf Sukuk is a sukuk issued in order to optimize the Benefits of Assets \Maukaf and latan returns for the public interest (mashalih 'ammah) that do not conflict with sharia principles (Hartanto & Amir Sup, 2021).…”

Section: Waqf In Indonesiamentioning

confidence: 99%

Waqf Literacy: The Dynamics of Waqf in Indonesia

Nugraha

Susilo

Huda

et al. 2022

JIEFeS

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In the history of Islamic civilization, waqf has been a pillar of the glory of Islam. The function of waqf is as a provider of public facilities and social facilities that support the life of the Muslim community, such as mosques, squares, Islamic schools, cemeteries and public roads. The development of waqf in Indonesia can have an influence on fiscal policy, namely through cash waqf. Even though Indonesia has a fairly large waqf potential, Indonesia has not been able to manage its waqf properly. Therefore, studies related to the development of waqf in Indonesia are still an interesting study for both scientists and practitioners. The purpose of this article is to review the development of waqf in Indonesia. The approach used in this paper is descriptive qualitative. The author finds the development of waqf in Indonesia is very dynamic. It can be seen from the existing phenomena, the dynamics of the waqf fatwa and the products being donated are increasingly diverse. At first, waqf only wallowed in fixed assets such as land, schools, Islamic boarding schools, and buildings that had a static nature. Beginning with the 2004 waqf law, waqf objects were transformed into cash waqf which were more practical and productive. Followed by the establishment of BWI in the same year by the Government led to an increase in the administrative management of waqf. Dalam sejarah peradaban Islam, wakaf pernah menjadi penopang kegemilangan Islam. Fungsi wakaf sebagai penyedia fasilitas umum dan fasilitas sosial yang menopang kehidupan masyarakat muslim, seperti masjid, lapangan, madrasah, kuburan dan jalan umum. Perkembangan wakaf di Indonesia dapat memberikan pengaruh terhadap kebijakan fiskal yakni melalui wakaf tunai. Meskipun Indonesia memiliki potensi wakaf yang cukup besar, namun Indonesia belum dapat mengelola wakafnya dengan baik, Oleh karena itu kajian terkait perkembangan wakaf di Indonesia masih saja menjadi kajian yang menarik baik di kalangan akademisi maupun praktisi. Tujuan dari artikel ini adalah untuk mengkaji bagaimana perkembangan wakaf di Indonesia. Pendekatan yang digunakan dalam makalah ini ialah kualitatif deskriptif. Penulis menemukan perkembangan wakaf di Indonesia sangat dinamis. Terlihat dari fenomena yang ada, dinamika fatwa wakaf dan pengembangan jenis aset yang diwakafkan semakin beragam. Pada awalnya, wakaf hanya berkubang pada aset tidak bergerak sepeti tanah, sekolah, pesantren, bangunan yang memiliki sifat statis. Diawali dengan undang-undang wakaf tahun 2004, benda wakaf bertransformasi menjadi wakaf tunai yang lebih bersifat praktis dan produktif. Disusul dengan pembentukan BWI pada tahun yang sama oleh Pemerintah menimbulkan peningkatan pengelolaan wakaf secara administratif.

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Cash Waqf Linked Dinfra (Cwl-Fra) as Waqf Innovation Model Integrated With Infrastructure Instrument for National Economic Recovery and Sustainability

Wijaya

2023

Malaysian J. of Syariah and Law

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Cash waqf is a form of contemporary waqf that has great potential in the modern world. In Indonesia, despite its potential of 180 trillion per year, cash waqf collection, management, and distribution are not optimal. Nonetheless, the infrastructure sector in Indonesia faces obstacles, particularly in terms of funding. The innovation of the CWLFRA (Cash Waqf Linked DINFRA) model is, therefore, a solution to these two issues, as the proposed model is the result of an integration between efforts to optimize cash waqf and infrastructure financing via the Infrastructure Investment Fund (DINFRA). In this CWL-FRA innovation, waqf funds will be allocated to the mauquf 'alaih from the profits of infrastructure investment funds, which will become a source of long-term usable assets. As a result, the purpose of this academic paper is to develop a model capable of bolstering the ecosystem of Islamic social financial institutions and maximizing the potential achievement of cash waqf in Indonesia as a means of implementing sustainable finance and an effective instrument in reviving national economy through infrastructure development. In addition, this study seeks to determine the viability of the potential for developing the productivity of cash waqf in an effort to increase the effectiveness of achieving cash waqf to support economic sustainability with infrastructure potential. Nine respondents representing academicians and expert practitioners from both the waqf and infrastructure sectors filled out questionnaires to collect data. According to the results of the Delphi test, all respondents believed that there was a relationship between the Strengths, Weaknesses, Opportunities and Threats (SWOT) indicators, indicating that this model is implementable. Moreover, based on the level of agreement of respondents, this model has the potential to contribute positively to national economic recovery, become a sustainable source of social funds, optimize the potential of waqf in Indonesia, strengthen the ecosystem of waqf social finance institutions, and improve the quality of management and maintenance of Indonesia's infrastructure. These findings demonstrate that integrating financial waqf with existing public infrastructure could positively affect the sustainability of national economic development. The novel aspect of this paper is the proposed cash waqf management system, which can serve as a useful reference for policymakers and waqf institutions seeking to develop a more effective waqf concept in terms of collection, administration, and distribution. Consequently, this study aims to demonstrate the potential for cash waqf, which can be integrated with DINFRA's product through the innovation of the CWL-FRA model, to become an investment instrument and offer a diversity of options to the waqf community.

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Konsep Sukuk Wakaf dalam Perspektif Fatwa DSN-MUI

Cited by 3 publications

References 0 publications

Islamic Banks: Analysis Of The Rules Of Fiqh On The Fatwa Of The National Sharia Board-Indonesian Ulama Council

Islamic Banks: Analysis Of The Rules Of Fiqh On The Fatwa Of The National Sharia Board-Indonesian Ulama Council

Waqf Literacy: The Dynamics of Waqf in Indonesia

Cash Waqf Linked Dinfra (Cwl-Fra) as Waqf Innovation Model Integrated With Infrastructure Instrument for National Economic Recovery and Sustainability

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