Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial
Vol 7, No 2 (2017)

WAKAF TUNAI DALAM PERSPEKTIF MAJELIS ULAMA INDONESIA (Analisis Terhadap Fatwa MUI No.2. Tahun 2002 Tentang Wakaf Uang)

Dr. Armiadi Musa (Dosen Pada Fakultas Syari’ah dan Hukum UIN Ar-Raniry Banda Aceh)

Article Info

Publish Date
18 Jul 2018


MUI fatwa against legal permissibility (jawaz) wakaf cash has the basis of consideration nash argument (hadith Ibn Umar) which reads ihbas ashlaha wa sabbil tsamarataha. The basic considerations of MUI also exist in the aspect of its mashlahah, that the money waqf has flexibility (flexibility) and the great benefit that is not owned by other objects, in addition to its easiness in capturing waqif. The MUI sees it necessary to the development of meaning because of the substance of that understanding is the necessity of ta'bid on the substance of mawquf substance (baqa 'ainih). So the element of his devotion is to emphasize only aspects of matter not including the nature of things as well as the eternal intrinsic value of money (baqa 'ashlih). So with the development of understanding of this wakaf, is expected to open opportunities for reinterpretation of the meaning of waqf more relevant in the economic development of society. MUI also sees the need for the addition of "aw ashlihi" (baqa ashlih) which means the subject of fixed property is not lost, the addition of sentence in the definition of wakaf is also in order to understand or interpret the dedication on the aspect of the nature of the wakaf (nature)

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Dusturiyah journal accepts manuscripts in Indonesian, English and Arabic with focus: a study of laws and regulations: law, fiqh, Islamic economics, politics and social institution. ...