DINAMIKA PENGELOLAAN WAKAF UANG : STUDI SOSIO-LEGAL PERILAKU PENGELOLAAN WAKAF UANG PASCA PEMBERLAKUAN UU NO. 41 TAHUN 2004 TENTANG WAKAF

This item is published by Universitas Islam Negeri Sunan Ampel Surabaya

Hasbullah, Hilmi (2012) DINAMIKA PENGELOLAAN WAKAF UANG : STUDI SOSIO-LEGAL PERILAKU PENGELOLAAN WAKAF UANG PASCA PEMBERLAKUAN UU NO. 41 TAHUN 2004 TENTANG WAKAF. In: Conference Proceedings: Annual International Conference on Islamic Studies (AICIS) XII, 5 – 8 November 2012, Surabaya – Indonesia.

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Abstract

Cash waqf regulation changes the public perspective of the waqf from social to productive waqf, non liquid to liquid assets. The Cash waqf gives chance for giving in a small nominal and temporary waqf. It must be managed through the mediation of Islamic financial institutions. Waqf fund collected through cash waqf must be invested in a modern economy either directly or indirectly. The reality of the implementation of cash waqf after regulation Act No. 41 in 2004 on Waqf studied to address the problem: 1) how cash waqf be understood accepted and implemented by the cash waqf institutions? 2) How cash waqf be managed by cash waqf institutions in Indonesia? The study is a socio-legal study with phenomenological qualitative research methods. This study focus on understanding the cash waqf regulation as "law in the book" and how the implementation and acceptance of cash waqf as a "law in the society”. Social and law change, and behavior and effectiveness of law theories are used as a research perspective The findings of this study are as follows. 1) It is founded that understanding and acceptance levels of cash waqf regulations is various. The various is acceptance and using all of cash waqf regulation, using a part and totally avoidance and ignorant the regulation. 2) Cash waqf regulation delegitimize the cash waqf process has been developed by the community. It is impact to avoid or ignore the regulation by most of waqf board and foundations. Some foundations avoid the regulation and switch to the model of other charitable. The others ignore the regulation and keep up with the concept of cash waqf has been understood. The avoidance and ignorant foundations earn the trust (even likely to increase) of the people. The other side the development of cash waqf management as the regulation is less encouraging. It is show that waqf act especially on cash waqf regulation is less effective. This study proofs the failure of law as social engineering theory on administrative law, especially on the public understanding and religious belief. Changing the law in this area will only lead to ignore or even a backlash from the public.