Waqf for empowerment, management model of social waqf and productive waqf in Indonesia

Transcription

1. Waqf for empowerment , management model of social waqf and productive waqf in Indonesia By : KARTIKO A. WIBOWO Director of BMT1 BINAMA Semarang, Central Java Indonesia Email : kartiko.aw@gmail.com M. SAID HISYAM Senior Advisor PBMT Indonesia Jakarta, Indonesia Email : saidhisyam@yahoo.com Abstract Since the new paradigm of endowments, with awareness of the potential of such a large endowment for the welfare of the ummah, endowments were developed to things that are productive by not just the physical endowments immovable property (land, buildings) only, and hold it or maintaining the integrity of the property of waqf only for worship and social, but also develop more productive waqf property which may be used for the welfare of the community either through the addition of waqf property or the creation of new businesses based on the concept of waqf. The new paradigm of endowments both of the types of objects or treasures that have been submitted as endowments, and efficient utilization and management systems is growing in the administration of waqf in Indonesia. The classification of types of endowments according to the nature of its use namely social waqf and productive waqf. Social Waqf is an activity using the property / endowment funds directly for the benefit of the ummah, namely for social purposes and not intended to benefit from these activities. Productive Waqf as waqf property is not directly used for the benefit of mankind, but it was developed prior to produce something (productive) and the results are channeled in accordance with the purpose of endowments. Example; endowments paddy crop yields for the prosperity of the mosque. Waqf land that built the shop, result from the rental shop to finance social programs, such as scholarships, donations orphans, etc. Activities in productive endowments can also be done by the management of waqf property used for production and services whose benefits are not the direct endowment of objects, but of the net profits from the development of endowments given to people who are entitled to the purpose its waqf. Key word : Waqf, Social Waqf, Productive Waqf, Empowerment 1. Background Waqf is a statement of noble deeds of a Muslim (akhlaqul kariimah), which has a strategic value to the dimensions of worship, social practices, and prosperity for the ummah kemaslahan. Therefore, as an instrument of religious endowments not only provide a variety of social and religious facilities, but also have the potential economic power to promote the general welfare. Strategic value and dimension of waqf has not been utilized to 1 BMT is Baitul Maal Wat Tamwil, the Islamic Micro Finance Institution
2. the maximum by the management of waqf (nazir). While the endowment has very high potential to improve the economic welfare of the people. In Indonesia; as a religious and social dimensions, endowment has grown and developed implemented by the community through agencies or community organizations such as Muhammadiyah, Nahdlatul Ulama, schools, hospitals, or other form of endowments, although in practice the management of waqf , still there are not professional endowment management, so that some of them still displaced or whose condition does not clear its management. This condition is not caused by the nazir who are not professional, but also awareness of the lack of the understanding of the waqf. As described above, that since the new paradigm of endowments, with awareness of the potential of such a large endowment for the welfare of the ummah, endowments were developed to things that are productive by not just the physical endowments immovable property (land, buildings) only, and hold it or maintaining the integrity of the property of waqf only for worship and social, but also develop more productive waqf property which may be used for the welfare of the community either through the addition of waqf property or the creation of new businesses based on the concept of waqf. The new paradigm of endowments both of the types of objects or treasures that have been submitted as endowments, and efficient utilization and management systems is growing in the administration of waqf endowments that in Indonesia. In starting by Dompet Dhuafa who later founded the Waqf Tube Indonesia in 2005 were managed professionally. In 2002, the Indonesian Ulema Council itself has issued about Money Waqf, which essentially states that;      Waqf money (cash waqf / waqf al-nuqud) are endowments that a person, group of people, institutions or legal entities in the form of cash. Included in the definition of money is securities. Endowments money jawaz legal (allowed). Endowments money may only be distributed and used for things that are allowed in sharia. The endowment principal value of money must be guaranteed sustainability, should not be sold, assigned, and or inherited. Further development of waqf reinforced by rules and regulations through the Law no. 41, 2004 About the Waqf, and related to the productive waqf endowments kind of money stated that;    Wakif can make money as an endowment through Islamic financial institution designated by the Minister (government) Endowments in cash as implemented by Wakif, with a statement by Wakif which will be made in writing. Endowments moving objects in the form of money referred to was published in the form of certificates issued and the cash waqf submitted by the Islamic financial institutions to Wakif and Nazir as proof of delivery of waqf property. While regarding the management and development of the productive waqf property law stipulates among others that; Endowments Productive done by collecting, investment, production, partnerships, trade, agribusiness, mining, industry, technology development, construction of buildings, apartments, flats, supermarkets, shops, offices, educational facilities or health facilities, and businesses that do not conflict with sharia. Meanwhile, to maintain the integrity of waqf property, held a guarantee institution of sharia, which is a legal entity that acts as the guarantee of a business activity that can be done, among others; through Takaful scheme or other schemes in accordance with the provisions of the legislation in force.
3. 2 . Social Waqf And Productive Waqf Understanding and development of endowments as described above, lead to the classification of types of endowments according to the nature of its use; Social Waqf is an activity using the property / endowment funds directly for the benefit of the ummah, namely for social purposes and not intended to benefit from these activities, such as the construction of places of worship (mosques, mosque / mosque, etc.), health facilities (clinics, hospitals etc.), means of education (schools), other public facilities (roads, etc.). If social facilities built with endowment funds, as waqf property get revenue from users or picker benefits, such as;     Donations education fee Cost of treatment, Retribution Road, Donations mosque Then those results are used entirely for the cost of managing, maintaining, and preserving the integrity and security of the waqf property. Productive Waqf as waqf property is not directly used for the benefit of mankind, but it was developed prior to produce something (productive) and the results are channeled in accordance with the purpose of endowments. Example; endowments paddy crop yields for the prosperity of the mosque. Waqf land that built the shop, result from the rental shop to finance social programs, such as scholarships, donations orphans, etc. Activities in productive endowments can also be done by the management of waqf property used for production and services whose benefits are not the direct endowment of objects, but of the net profits from the development of endowments given to people who are entitled to the purpose its waqf. Understanding of the general public about the endowment, is the act of someone who relinquish ownership rights to the property and hand over his property to a party (person or institution) who is believed to maintain the integrity of the property, maintain and manage and develop it to be able to provide benefits and be used for public interest the word itself comes from the waqf, which in Arabic implies hold, hold property for endowments, not transferred ownership. (MORA, 2007: 1) What is meant by holding the object origin is withholding goods in the endowments that are not inherited, is not used in the form of sale, not assigned, no mortgage, no rent, no loan, and the like. (Mughniyah, 1996: 383) Meanwhile, according to Law No. 1 of 2004 on Waqf stated that: Waqf is a legal act of wakif to separate and / or hand over part of their wealth to either permanently or for a specified period in accordance with their interests for purposes of worship and / or general well-being by sharia. On welfare gives the sense that the word waqf as one of the repertoire of the message of Islam in addition has a dimension of worship, but also have social values. Therefore well placed to answer the problems of public welfare. Thus endowments also aim to provide benefits to people who are entitled to and used in accordance with the teachings of Islamic Sharia. Article 5 of Law no. 41 of 2004 states endowments serve to realize the potential economic benefits of property and endowments for the benefit of worship and to promote the general welfare. Waqf is a statement of noble deeds of a Muslim (akhlaqul kariimah), which has a strategic value to the dimensions of worship, social practices, and prosperity for the ummah. Therefore, as an instrument of religious endowments not only provide a variety of social and religious facilities, but also have the potential economic
4. power to promote the general welfare . Strategic value and dimension of waqf has not been utilized to the maximum by the management of waqf (nazir). While the endowment has very high potential to improve the economic welfare of the people. As described above, that since the new paradigm of endowments, especially about the treasure in endowments, in its development, with the awareness of the potential of such a large endowment for the welfare of the community, endowments were developed to things that are productive by not just the physical endowment of objects immovable (land, buildings) only, and holding or maintaining the integrity of its waqf property only for worship and social, but also develop more productive waqf property that can produce the results can be used for the welfare of the community either through the addition of waqf property or the creation of new businesses based Waqf concept. While regarding the management and development of the productive waqf property law stipulates among others that; Endowments Productive done by collecting, investment, investment, production, partnerships, trade, agribusiness, mining, industry, technology development, construction of buildings, apartments, houses, flats, supermarkets, shops, offices, educational facilities or health facilities, and businesses that do not conflict with sharia. Meanwhile, to maintain the integrity of waqf property, held a guarantee institution of sharia, which is a legal entity that acts as the guarantee of a business activity that can be done, among others; through Takaful scheme or other schemes in accordance with the provisions of the legislation in force. In order to improve the function, role, and the benefits of endowments, the emergence of product, type of productive endowments is thought development of the endowment that is intended for it. Implementation of productive endowments can basically be differentiated according to; 1. Its contract (from wakif to nazir endowments) 2. object / project of waqf property 3. The allocation or use of profits from the asset management / project endowments Of the productive waqf types, the realization must be adjusted between one and the other according to the characteristics of the program, needs, situation and underlying conditions 3. Types of Waqf Productive Contract Endowments treasure, is a treasure that is mandated by Wakif (people who give waqf) to Nazir Waqf as the manager and the person in charge of waqf property in accordance with the intent and purpose of such assets in the endowment it by wakif. Therefore to the intent and purpose, then the waqf property is property that is bound (not to be used for other than those specified in the contract of its endowment). Islamic Accounting Standard guidelines put the treasure in a group of assets Unrestricted Endowments. While the productive waqf is an effort to develop endowments in order to produce, so it makes productive activities waqf property certainly related to the activities of its business (muamalah). Thus, contract-agreement that can be applied in implementing the Productive endowments are: a. Investments Ijarah Investments Ijarah (lease) is to utilize the existing waqf land. In this case Nazir or business Endowment provides funding (cash waqf) to make buildings on waqf land, then lease the building. Profits from renting the building can be allocated to; a. Endowments Nazir operational costs, and / or
5. b . finance social programs, and / or c. add waqf property. Investment in Ijarah can also land and buildings as well as the entire cost of the investment was financed with cash endowments (Waqf land purchased by Nazir with money derived from wakif who had given her cash waqf). b. Musharaka contract If the funds were used to build it originates from a third party or investor, then this cooperation is based Musharaka contract in which the cooperation between third parties as investors, with equity participation to build on waqf land or purchased by Nazir Endowments of cash waqf then building the rent, and rental yields are divided proportionally based on the agreed ratio. To endowments productive with this Musharaka agreement, the status of assets / waqf property is land only, while building on it is not or has not the status of waqf assets until the profits part of Nazir Endowments cover all the costs used to build it. Therefore, the Musharaka agreement based Waqf Earning this, an explanation of the cooperation and the ratio or the portion of profit sharing and other clauses should be clear, and transparent, where the most important thing should be made clear;     Musharaka Investment Agreement, done by a certain time period, or until the profit on the rental of the building that is part of Nazir Endowments paid to cover pay off the entire cost of the construction of the building; to have paid off the entire cost of development, then the asset building into asset endowments understanding settle all such buildings should be firm, if returned to the Investor, or add asset endowments (not returned to the Investor), which means investors Nazir Waqf endowments to refund the cost of the building. c. Mudharaba contract Is a collaboration between the third party as Investor, with Nazir Waqf as the manager of a business, in which the entire equity comes from investors for a specific project, with a contract for the results on gains from the financed projects. Can also occur around the capital of Nazir Endowment and which acts as the manager (mudharib) is a third party.
6. 4 . Project That Can Be Done With The Productive Endowments Various projects can be done on the basis of Waqf Productive, namely as a few examples; PROJECTS Market Hospital TYPE OF WAQF PROJECT REVENUE RENT RETRIBUTION SELLING Stalls Merchandise Medicine JASA Treatment SERVICES Parking Commercialization assets Opname School Farming Securities Sport Centre Cleanness Surgery Dues Field Commercialization assets Harvest Dividend Building Productive Trees Waste Compost Harvest Training Dues Profit Sharing Commercialization assets Commercialization assets Reforestation 5. Allocation Profits Of Waqf Productive Waqf property or business projects run by Nazir Endowments, either by cooperation or partnership with a third party or Investors, when making a profit can be allocated as follows: a. Nazir operational costs; Endowments Nazir salary, and staff / employees, general costs, transportation costs, costs of promotion / syiar activities and other operating costs for the implementation of the program of productive endowments. b. finance social programs; for the prosperity of the mosque, educational scholarships, donations for orphans, care waqf property (mosques, roads, social buildings, and so on), or social assets and other social programs. c. add social waqf property, and / or productive endowments; establish / build mosques, roads, schools, village halls, business / business-based endowments, and waqf property, or other charitable programs. 6. Empowerment Program Based On Waqf Based on the types of designation endowments as the minutes of sharia and limits as stipulated in Law No. 41/2004 of the Waqf, and Government Regulation No. 42 In 2006, as the implementation of the law, then all the allotment of endowments with all its characteristics is very appropriate to be applied to the development programs in order to make an independent small communities and improve their welfare. The statement that the concept of the system implemented in the empowerment programs are very precise and better ensure the sustainability and achievement of program objectives.
7. Empowerment objectives are intended for ; a. Build community awareness of the strong orientation longer productive life and obedience to the law to get the mental strength (faith). b. Empower community-based society, overcoming economic problems that exist with activities that are managed in a transparent and accountable. c. Improve the welfare of the community through the empowerment of community institutions in the development / productive economic activities and opening of new jobs, as well as other economic programs related efforts to increase people's income. d. Build community life more worthy by performing enhancement of human resources and social status, the prevention of environmental degradation, environmental sustainability, and building Social Capital e. Mobilize community participation to compensate and synergizing community development programs, and corporate-community building mutual trust. In endowments has the function of realizing the potential economic benefits of property and endowments for the benefit of worship and to promote the general welfare (Article 5 of Law No. 41/2004). This means functions such endowments also includes the function of empowerment with the vision, mission and goals of empowerment. 7. Community Development Programme CD program (Community Development) are also included in propgram CSR (Corporate Social Responsibility) generally have three dimensions, better known by the term "Tridaya", namely: i. ii. iii. social; to generate social power in order to create effective community. economics; to stimulate the economy in order to create a productive society, Infrastructure (environment); Creating power development in order to create a sustainable environment. Likewise endowments, with the vision, mission and objectives of waqf endowments held by a model of social, productive, and a combination of both can perform the functions of the three dimensions of empowerment as dimensions of empowerment to the concept of "Tridaya" . Thus, none of the dimensions of empowerment as well as the vision, mission and objectives can not be carried out by or based on the concept of the system and the principles of endowments. When talking about the concept of "Tridaya", which is basically a community empowerment program scope, then this means very precise when carried out with the concept of endowments, especially to treat the status of a grant program that is used to build physical infrastructure. Called a very precise because the Waqf function and realizing the potential economic benefits of waqf property for the benefit of worship and to promote the general welfare, which means it has a social dimension of worship and for welfare the general public is equal to the dimension or scope "Tridaya empowerment" in the community empowerment program. And more perfect because the concept of endowment requires "harmonious endowment" as a compulsory basis that must be met in carrying endowments. This means, the fundamental weakness that commonly occurs in empowerment programs, namely the failure and lack of continuity of programs, particularly since no maintenance and preservation of assets of the program, it will not happen, because the concept of waqf endowments ensures the integrity of the property which is the asset program and managed by the nazir endowments professional, trustworthy and fathonah as one of the pillars of endowments, and secured with the
8. law on endowments as a rule of positive law which guarantee legal certainty on the implementation of the endowments as well as sanctions for violation or deviation . 8. Endowments Implementation Of Empowerment Implementation of waqf in the empowerment program, the implementation can use as the methods and approaches used in the processes usual, but still consistent with the notice and carry out endowments in accordance with the rules of Islamic sharia. Implementation of waqf in the empowerment need to be disseminated to the following reasons :    to make it more understandable and understood the basic principles of endowments (waqf given an understanding of the still very limited, namely endowments immovable property; land, buildings); that decision endowment program that will be implemented is a collective community agreement, and thus would be more binding on the community as a collective commitment to be implemented as well; so that people feel involved and partly responsible for the implementation of the program endowments; the endowment program implementation should be carried out by the method of approach and strategy as the empowerment process in general. 9. Conclusion With the new paradigm, the utilization waqaf become more widespread. Objects endowments may be economic activities. Similarly, Nazir Waqf has a strategic role in the management as well tactical waqf property and possessions once invested in selected projects. Waqaf management based on empowerment can be done through the principle of social endowments and productive endowments. Endowments productive enables the implementation of Community development activities with a focus on Social, Economic and Infrastructure. Empowerment-based management of waqf endowments makes strategic value to the dimensions of worship, social practice, and welfare for the welfare of mankind. Implementation endowments for empowerment can be applied through various innovations. Innovation can be done on the product or object waqf endowments. Innovation does not violate sharia. Through the principle of empowerment through the endowment is expected to achieve the welfare of society. Therefore, introducing new ways of managing endowments for empowerment is the task of the scholars bearers of government policies so that people better understand the function of endowments is more than just a religious rules. References Baldwin, Kenneth (2000), "The Economics of Information and Piecewise Linear Limited Liability Profit Sharing Contracts", Doctoral Thesis, Loughborough-UK: Loughborough University Badan Wakaf Indonesia, 2012, Pedoman Pemberdayaan Ekonomi Melalui Waqaf, Jakarta Fiqh Waqf An‐Nuqud (Wakaf Uang), 2014, Makalah Pada Workshop Pendayagunaan Waqaf Untuk Pemberdayaan Umkm, Jakarta Imtiazi.I A, (1985) Management of Zakah in Modern Moslem Society, the first Seminar on Management of Zakah in Modern Moslem Society, in Karachi, Pakistan, 22 April-2 May 1985. Junaidi, Ahmad, 2013, Pola Strategi Fundraising Wakaf Uang, Makalah pada Workshop Skim Pendanaan Bagi Usaha Mikro dan Kecil oleh KJKS/UJKS Koperasi yang Bersumber Dari PendayagunaanWakaf, Jakarta
9. Mislan Cokro , Widiyanto and Ismail, Abdul Ghafar (2008). Sustainability of BMT Financing for Developing Micro-enterprises. Munich Personal RePEc Archive, MPRA Paper No. 7434, http://mpra.ub.unimuenchen.de/7434/ Mughni, Abdul, (2008), Islamic Microfinance Poverty Efforts In Social Problems, STIE-Tazkia, p. 3, Jakarta Paradigma Baru Wakaf Di Indoinesia, Direktorat Pengembangan Zakat Dan Wakaf, Direktorat Jenderal Bimbingan Masyarakat Islam Dan Penyelenggaraan Haji, 2004. Peraturan No. 42 Tahun 2006 tentang Pelaksanaan Undang-undang RI Nomor 41 Tahun 2004 tentang Wakaf Stiglitz Joseph E. (2002), New Perspectives On Public Finance: Recent Achievements And Future Challenges, Journal of Public Economics 86 (2002) 341–360 Suharto , Saat, (2009). Peranan Permodalan BMT dalam Pemberdayaan Sektor UMK - PT Pemodalan BMT Ventura, Jakarta Suseno, Priyonggo (2002), Size, Profitability, And Agency Problem In Profit Loss Sharing In Islamic Finance, thesis (unpublish), Loughborough University, Loughborough, Leicestershire, pp. 2.1-2.25 Undang-Undang Nomor 41 Tahun 2004 Tentang Wakaf. Yusuf Qardhawy, Zakah Law, Pustaka Litera Antar Nusa, Jakarta, 1988. pp. 743. http://www.slideshare.net/pristiyanto/08-pengembangan-wakaf-produktif-peluang-dan-tantangan View publication stats