Analysis of Islamic Law and Constitution Number 41 of 2004 About Waqf Towards Cash Waqf Application at BMT itQan

Abstract

BMT itQan since 2007 has experienced a great development.The company concerned at group financing, not only profit oriented but also social oriented through deposit and charitable fund which implemented such as Infaq, Shadaqah, zakat, and waqf. BMT itQan funded cash waqf through financing, the costumers have to donor cash waqf 0.5% from each financing as a requirement. Collected Cash waqf was  305.803.000 IDR, BMT itQan allocated cash waqf fund for financing either murabahah contract or Ijarah contract. Then, the researcher assumed cash waqf for financing allocation will be risk and make the corpus was lost, moreover waqf should by heartfelt. However within Islamic Law waqf are Keeping, holding, and developing, which mean nazhir has to keep and to develop its corpus. The purposes of research are (1) How application of Cash waqf within Islamic Law and Constitution Number 41 of 2004 about waqf ?, (2) How the implementation of cash waqf at BMT itQan ?, (3) How analysis of Islamic Law and Constitution  number 41 of  2004 about waqf towards cash waqf  application at BMT itQan ?. The researcher used qualitative research which the data were obtained from Islamic law about cash waqf, constitution of waqf and document of financing. The researcher will compare between theory and practice about cash waqf application both Islamic law and waqf constitution. This research method use Juridical Normative method. According to research, obtained summaries are Cash waqf fund within Islamic Law should fulfill waqf pillars and contract principles, Cash waqf fund within constitution should be given cash waqf certificate and waqf pledge depending on his/her own. Cash waqf allocation according to Islamic Law i.e. Investment sector should be halal and prohibited from haram investment. According to Constitution Number 41, waqf properties was allowed to allocate only for facilities and religious deeds, education, healthy, poverty assistance, homeless child, orphan, scholarship, economic development for societies. BMT itQan funded cash waqf from financing requirement and allocated it for financing either. According to Islamic Law, cash waqf fund from 0.5% discount of financing is prohibited as long as become requirement to propose financing. According to Constitution, cash waqf fund from 0.5% discount of financing is prohibited as long as become requirement of financing propose, wakif should declare depending on his/her own. BMT itQan should give waqf certificate as an evidence of waqf properties which was given. Cash waqf for financing is allowed, however, because waqf have to keep and to develop its corpus, so business could not avoid risk as its characteristic. According to constitution researcher assesed that cash waqf for financing allocation is allowed as long as allocate for economic development and societies welfare.  

Key Words: Islamic Law, Constitution No. 41, Cash waqf application.