of Cash Waqf with and Receivable Mechanisms Perspective of Islamic and DISTRIBUTION OF CASH WAQF WITH DEBT AND RECEIVABLE MECHANISMS PERSPECTIVE OF ISLAMIC LAW AND POSITIVE LAW

Cash waqf has great potential as a source of productive waqf funds that aim to build the people's economy and improve the welfare of the community. Productive waqf is the waqf property used in production activities and the results are distributed according to the purpose of the waqf. Many productive waqf designs have been developed by several parties engaged in the Islamic economic sector, such as the distribution of cash waqf funds for the empowerment of small and medium enterprises (SME). As has been done by the Global Action Agency for Fast Responses in Madiun, in which the distribution of waqf funds is channeled to small and medium-sized enterprises owned by the community using a debit and credit mechanism. There are pros and cons to the design of productive waqf like this because according to some opinions, waqf funds can only be produced for the social interests of the people, not for personal use, besides that according to waqf regulations in force in Indonesia, waqf assets may not be sold, given away, used as collateral, and may not be used as collateral. transferred in the form of transfer of other things. Departing from the various problems that need to be reviewed and analyzed in-depth, the researchers used a qualitative descriptive method by describing the actual state of the phenomenon according to Islamic law and waqf regulations in Indonesia, and then finds the results of the research. With the source of the data obtained from the ACT Institution and the party receiving the funds used for the source and SME. The purpose of this study was to find out the practice of managing and distributing cash waqf funds at the Global Aksi Cepat Tanggap Madiun Institute and to determine their compliance with Islamic law and waqf regulations that apply in Indonesia.


Al
Muhammad Irkham Firdaus , Theo Aditya Pradhana, and Zulfikar Yahya Anhar 40 Waqf based on the economic point of view itself is divided into two, namely direct waqf and productive waqf. Direct/consumptive waqf, namely waqf whose principal goods are directly used by recipients, both certain individuals and the general public, such as mosques for certain individuals and the general public, such as mosques, madrasas, and assistance for the poor. While productive waqf is waqf whose principal goods are for production activities and the results are given for waqf. 2 There are several studies on the distribution of waqf for funding of Small and Medium Enterprises, such as research by Mulyono Jamal et al which states that the implementation of a good and targeted distribution of cash waqf can increase the income of mauquf 'alaihi and can support the development of SMEs. 3 so that they can be more productive. Ade Nur Rohim's research also explains that waqf and MSMEs have a very close relationship in efforts to realize community welfare. The potential for cash waqf as a means for developing SMEs is very large, but the Beneficiary Congregation must also prepare motivated and consistent in its management.
From these various studies, it is explained that currently only analyzing the potential of waqf for the development of SME, while in this study discusses about the distribution carried out by the Global Aksi Cepat Tanggap Madiun (ACT) is included in the type of productive waqf, in which the waqf property is developed and utilized by the community to improve their welfare. ACT distributes its waqf funds by providing financing for people who have micro, small and medium enterprises.
The design of the distribution of waqf funds like this attracts researchers to study and research more deeply, because there are also opinions that prohibit waqf assets from being inherited, sold, pawned, rented, loaned, and the like, as stated in the book of Fiqh Five Madzhab by Muhammad Jawad Mughniyah. This is also clarified in waqf law in Indonesia, that waqf asset that has been waqf are prohibited from being used as collateral, confiscated, donated, sold, inherited, exchanged, and transferred in the form of other rights transfers. 4 Therefore, the distribution design of the ACT institution contains practices that are contradictory to the theory of Islamic waqf law and the positive waqf law that applies in Indonesia. So it needs very in-depth research to explore the legal suitability of the distribution practice. Where the Global Aksi Cepat Tanggap Madiun Agnency or this research. To be able to explain the practices carried out by the ACT Madiun Institution, and at the same time review the practices carried out by ACT with the theory of Islamic law and positive law regarding waqf.
So that this research can be used by the public to ensure the permissibility and lawfulness of transactions that are by Islamic law, and not contrary to applicable law in Indonesia. Meanwhile, for academics, this research can be used as a reference in research, and at the same time, it can be a reference for better waqf distribution practices. It can also be used as a reference for related institutions, namely the Madiun Global Aksi Cepat Tanggap, to serve as a role model and design module for the distribution of productive waqf that is not only following the Sharia, but also does not violate waqf regulations in Indonesia.

B. LITERATURE REVIEWS Productive Waqf
In language, waqf comes from the word -‫وقفا‬ ‫وقف‬ -‫يقف‬ which means standing upright, holding back, the opposite of the word al-julus or sitting. Meanwhile, substantively, waqf is holding the principal of the waqf property and surrendering the proceeds for the benefit of the people, and its use must last a long time. In waqf law number 41 of 2004, waqf is the act of a person to waqf who gives part of his property to be used for the benefit of the people, the results of which are used according to the agreed time for the benefit of worship or the benefit of the people according to Islamic law. 5 The legal basis for waqf used by scholars in explaining waqf law is in the verses of the Qur'an and Hadith about infaq fi sabilillah, as the word of Allah swt. in Surah Al-Baqarah verse 267: Hurairah, the Messenger of Allah (saw) said: "When a child of Adam dies, his deeds will be cut off, except for three things: Sadaqah Jariaya, useful knowledge, and a righteous child who prays for his parents." (HR. Muslim) Productive waqf is property or principal that is waqf to be used in production activities and the results are in accordance with the purpose of waqf. Productive waqf must produce, and from the results it can be used or utilized for the welfare of the people. 6 Productive waqf, also known as istismari waqf, is waqf property used for productive purposes. 7 Productive waqf can be used for education, health, social Al-Insyiroh: Jurnal Studi Keislaman Vol. 8, No. 2, September 2022P-ISSN: 2477-4928, E-ISSN: 2656 Distribution of Cash Waqf with Debt and Receivable Mechanisms Perspective of Islamic Law and Positive Law 43 services, and the development of Small and Medium Enterprises (SMEs). 8

Cash Waqf
Cash waqf is waqf in the form of money that is managed productively by nadzir, and the results of the waqf are used to develop the waqf. In a sense, someone who wants to waqf in the form of money or cash should invest or be developed and the results obtained will be distributed to the mauquf. 9 Cash waqf according to the fatwa of the Indonesian Ulema Council is waqf carried out by a person, group of people, institutions or legal entities in the form of cash, including in the sense that money is securities. 10 According to Wahbah Azzuhailiy in the book the Hanafi Madhhab allows cash waqf, dinars, and dirhams as exceptions based on Istihsan bil urf, 11 because they can be business capital and can last a long time and contain many benefits for the benefit of the people.
On May 11, 2002, in Jakarta, the MUI also issued a fatwa regarding the permissibility of cash waqf. 12 1. Cash waqf is a waqf made by a person or group, institution, or legal entity in the form of cash or cash. 2. Securities are included in the definition of money. 3. Money waqf is legal (Jawaz). 4. It is permitted only to be distributed and used for things that are permitted by the Sharia. 5. The principal value of cash waqf must be fixed and its sustainability guaranteed 8

Cash Waqf Fund Management
According to Monzer kahf, the model in waqf fund investment is divided into two methods, first, traditional and institutional waqf, namely developing waqf funds that have been collected by involving several investment institutions, both Islamic banking institutions and sharia mutual funds and institutions that develop another cash waqf. 13 Nadzir must have a policy regarding the distribution of profits from productive waqf assets to mauquf alaih. Then the policy must be implemented for its designation and benefits that have been explained by the waqif in the waqf pledge. This principle requires Nadzir to make criteria for mauquf 'alaihi, distinguish between priorities and benefits, and so on. 14 However, this initiative requires a common model for the development of funds from waqf as well as their fundraising and management. There are four modes of financing that allow Nazir Waqf to develop the management. The models for financing waqf funds to customers are Murabahah, Istisna', Ijarah, and Mudharabah financing models. 18 In addition, there is also a qardul hasan financing model, which is a type of loan without additional fees (only pays the amount of the borrowed debt without any addition), the source of qardhul hasan funds comes from external and internal sources, externally comes from funds outside the bank such as alms, donations, infaq, waqf. 19

C. METHODOLOGY
This type of research is field research. The method used is a qualitative research method in which interviews are the source of data collection. Observation and literature review as a source of theory collection. 20 The method used to achieve this goal is a qualitative descriptive method by describing the actual situation, from the phenomenon of the object under study and then comparing it with existing theory. 16  The main variable of this research is the distribution of cash waqf carried out by ACT Madiun using the debts and receivables mechanism as a form of funding for small, micro, and medium enterprises. then the researcher will review Islamic law. In collecting data, researchers used several techniques, as follows: interviews, observation, and documentation. After collecting data using collection techniques, the data will be processed by: editing, organizing, and finding research results. Analysis of the data used is descriptive analytical method, which describes the data collected in the form of words, pictures, and not numbers. 21

D. RESULT AND DISCUSSIONS Mechanism of distribution of cash waqf funds at Aksi Cepat Tanggap
The mechanism for distributing cash waqf funds is carried out by Aksi Cepat Tanggap Madiun in managing the UMI (Indonesian Micro Business) friend program. The target is the UMKM waqf program which was formed from the beginning until now. Socialization is the initial stage of how Aksi Cepat Tanggap in Madiun distributes waqf funds for SME, in this socialization waqf funds for SME, are explained in detail from their meaning and uses. 22 The capital application system for SME in Aksi Cepat Tanggap Madiun is divided into three ways: 1) submitting, the seller or trader comes and submits the problem, then Aksi Cepat Tanggap helps provide capital. 2) recommended, for example, mosque management or donors propose people around them be given capital assistance. 3) the Aksi Cepat Tanggap in Madiun is looking for a seller or beneficiary who deserves to be given waqf funds. So, the Aksi Cepat Tanggap team made various efforts to maintain the value of the waqf fund. 23 The assistance provided by Aksi Cepat Tanggap in Madiun to the general public regarding waqf was delivered using the language of an interest-free loan that must be returned in full 100%. Because the money is waqf money that must remain intact in value and develop its results. Aksi Cepat Tanggap Madiun also fosters SME traders who are beneficiaries of waqf capital assistance once a month, especially those managed in one area. 24 The Aksi Cepat Tanggap Madiun Party has problems with the current pandemic period, so assistance to capital recipients has not been fulfilled. These factors cannot be fulfilled. They cannot provide education and direct assistance because they must comply with health protocols. And also the time mismatch due to the busyness of SME actors in running their business. 25 Based on an interview with Mr. AF (PJS Head of Marketing) who stated that the distribution of cash waqf for SME in Aksi Cepat Tanggap Madiun was not in the form of goods but money which was handed over to SME as beneficiaries and given one year to return it, under certain conditions. The target of the SME waqf program at this time is SME affected by the pandemic because it is to meet their economic needs. Distribution at Aksi Cepat Tanggap Madiun uses two methods, firstly providing capital assistance and secondly providing guidance, consultation, and others to SME. If the money has been returned by SME to Aksi Cepat Tanggap, Madiun, the money will be re-productive by looking for other beneficiaries. 26 Several actions are given to beneficiaries or recipients of capital to return their waqf funds. From the interview results, Aksi Cepat Tanggap Madiun itself gave more than one year to beneficiaries or capital recipients (SME) who have not been able to return waqf funds to Aksi Cepat Tanggap in certain conditions that require an extension, such as being affected by a pandemic or affected by a pandemic. disaster or disaster and so on. If it has been given, it is still unable to return it, then the Madiun Quick Response Action party will be assisted 24 Ibid . 25 The result of interview with the employee ACT, Wednesday December 1, 2021, at Umi Residence. 26 The results of the interview with AF (PJS Head of Marketing),, Wednesday, October 20, 2021, at the Aksi Cepat Tanggap Madiun Office. Al-Insyiroh: Jurnal Studi Keislaman Vol. 8, No. 2, September 2022P-ISSN: 2477-4928, E-ISSN: 2656 Muhammad Irkham Firdaus , Theo Aditya Pradhana, and Zulfikar Yahya Anhar 48 in its sales or marketing. If in this condition the beneficiary has not returned the waqf fund, then the final step is to submit it to the zakat recipient as Gharim. 27 If you are reluctant to return waqf funds, there is an agreement on paper that has legal force. The guidelines for the distribution of SME cash waqf in Madiun's Quick Response Action.
The guidelines used by Aksi Cepat Tanggap Madiun in distributing cash waqf for SME come from the center so that they are adapted to regional conditions. But there are basic principles that are adapted to the conditions of the area so that in the field there will be differences in each region. Beneficiaries or recipients of capital, there are several provisions from the Madiun Quick Response Action party, the priority is for people who already have businesses and are affected by COVID, and the second is micro businesses whose profits are not more than one million per month. In this case, Aksi Cepat Tanggap, Madiun, did not receive any gratuity as a nazir of waqf as stated in the interview.
Aksi Cepat Tanggap Madiun positioned itself as a nadzir for managing waqf assets from donors or waqif. The management party is also from Aksi Cepat Tanggap itself, Aksi Cepat Tanggap also has various types of waqf, namely stock waqf, cash waqf and so on. Quick Response Action acts as a nadzir and does not take a penny from the waqf fund. 28 And those who oversee the practice are still sharia coming from the center based on interviews conducted with Mr. Aferu Fajar. That the distribution practice is supervised by the central agency of Aksi Cepat Tanggap which oversees the distribution of cash waqf so as not to leave the corridors of Islamic law, supervising by receiving reports provided by the branch of Aksi Cepat Tanggap. 27 Ibid 28 Ibid Al-Insyiroh: Jurnal Studi Keislaman Vol. 8, No. 2, September 2022P-ISSN: 2477-4928, E-ISSN: 2656 Distribution of Cash Waqf with Debt and Receivable Mechanisms Perspective of Islamic Law and Positive Law 49

Analysis of Islamic Law Against the Practice of Distributing Cash Waqf with Debt and Receivable Mechanisms at Aksi Cepat Tanggap, Madiun Branch.
Waqf has two main elements, first, a spiritual element because waqf is a branch of worship that can bring the wakif closer to Allah SWT. 29 Second, the material element because waqf is understood as an effort to make property from consumption interests to function for social welfare at least can be seen from three angles. First, waqf fulfills basic needs which include, among others, food, shelter, education, and health. Second, waqf is to seek to increase equal opportunities for everyone, especially for those who are less fortunate. Third, waqf for structural changes that include changes in social systems and institutions that are less in favor of the poor. 30 Based on the description above, the researcher realizes that waqf has a very large contribution to social life, waqf is actually one of the most potential economic instruments to support the welfare of the people. 31 But in its management, waqf is divided into two, namely consumptive management and product management. Consumptive waqf is waqf object can be used directly by the surrounding community, such as masjid waqf and Islamic boarding schools for learning. 32 While productive waqf is efforts to improve the function of waqf in order to meet the needs of those who are entitled to receive its benefits. 33 Waqf management at Aksi Cepat Tanggap Madiun uses productive management because in its distribution, Aksi Cepat Tanggap Madiun uses a qardhul hasan contract in which donors act as Al-Insyiroh: Jurnal Studi Keislaman Vol. 8, No. 2, September 2022P-ISSN: 2477-4928, E-ISSN: 2656 Muhammad Irkham Firdaus , Theo Aditya Pradhana, and Zulfikar Yahya Anhar 50 wakifs who endow their assets either directly or indirectly (online) which is consciously and intentionally given to Aksi Cepat Tanggap. Madiun acts as nadzir in the form of money to be distributed to mauquf alaihi to develop his business.
The practice of distributing cash waqf managed by Aksi Cepat Tanggap Madiun has provided several social functions and has fulfilled the expectations of the potential of waqf such as assisting with waqf funds to develop its business so that it has a good impact. As stated by Mrs. Saminem, as a seller of tempeh chips, this assistance is very helpful in developing her business so that she can open branches outside the city since the waqf funds from Aksi Cepat Tanggap Madiun and the community can live in prosperity. In addition, according to Ms. Umi, as a catering entrepreneur, the waqf fund assistance from the Aksi Cepat Tanggap Madiun was very helpful during this pandemic, with direct guidance from Aksi Cepat Tanggap Madiun, Umi was able to earn more income so that she could finance family life and pay for her children's schooling. . The beneficiaries of this waqf property are Micro, Small and Medium Enterprises that directly feel the benefits of the property and use it for something that does not conflict with Islamic law.
The practice of distributing cash waqf at Aksi Cepat Tanggap Madiun uses a qardhul hasan contract. Qardhul hasan is a loan financing of a fund where the borrower will not be charged an additional fee in return, or interest-free loans. This contract is a benevolent loan agreement that is given, as a loan of money or a loan for business capital that is not commercial in nature, but is social in nature. Where the source of the funds lent comes from social funds such as zakat, infaq, alms, grants, cash waqf and other social funds. 34 Aksi Cepat Tanggap as a lender (muqridh) functions to collect social funds from donors which will be distributed to Micro, Small, and Medium Enterprises as borrowers (muqtaridh). So in returning the loan money or waqf funds, Aksi Cepat Tanggap Madiun does not take any profit from the waqf funds borrowed to be used by Micro, Small, and Medium Enterprises. Assets that are the object of the loan are waqf assets, so the assets cannot be of less value, the Aksi Cepat Tanggap Madiun party guides by gathering Micro, Small and Medium Enterprises actors once a month, especially those managed locally in one area so that their development can be controlled and can return assets. lent waqf. However, if they still cannot return the loan money, Aksi Cepat Tanggap Madiun will recommend it into the Global Zakat program and be registered as 8 Ashnaf, namely gharim (debtors).
So it can be concluded that the practice of distributing cash waqf using qardhul hasan in Aksi Cepat Tanggap Madiun is by Islamic law because it has withheld the value of assets and maintained the principal value of waqf assets by using it for the development of Micro, Small and Medium Enterprises as well as providing guidance. The distribution of waqf assets in Aksi Cepat Tanggap Madiun using qardhul hasan does not contain elements of maisir, gharar, and usury. Because there is no addition in the return, whereas if it cannot return the loan money, Aksi Cepat Tanggap Madiun will recommend it into the Global Zakat program and be registered as 8 Ashnaf, namely gharim (people who are in debt).

Positive Legal Analysis of the Practice of Distributing Cash Waqf with Accounts Payable Mechanism
The distribution of cash waqf using the payables mechanism is an innovation in the utilization of waqf assets. However, there is a positive law that specifically regulates the procedures for managing waqf assets. As regulated in Law No. 41 of 2004 concerning waqf article 40, that waqf asset that has been waqf are prohibited from being used as collateral, confiscated, granted, sold, inherited, exchanged, and transferred in the form of other rights transfers. 35 Therefore, it is necessary to note from the article that the transfer of waqf assets into 52 the hands of others must be based on the rules in force in Indonesia, not only for the benefit of Nazir or the person entrusted with managing the waqf. The distribution of waqf assets with a payable and credit mechanism can be enforced without violating the waqf law with several provisions, namely: 1. Must be used for public purposes by the general spatial plan (RUTR). 2. Management and development of waqf assets must be by sharia principles. 3. Done with a productive purpose 4. The function of productive waqf assets is aimed at the progress and improvement of the people's economy. 5. The implementation of these provisions can be carried out after obtaining written permission from the competent government. 36 Meanwhile, the distribution of waqf in the Aksi Cepat Tanggap Madiun aims to help Micro, Small, and Medium Enterprises (SME), which means that this mechanism aims to develop the people's economy and also for the public interest, as well as become a productive waqf asset. While the contract used in this payables mechanism is a qardhul hasan contract, namely the return of debts borrowed by customers, without adding the slightest value, then the debt-receivable mechanism using the qardhul hasan contract is by sharia principles.

E. CONCLUSION
The distribution of cash waqf at Aksi Cepat Tanggap Madiun uses a qardhul hasan contract. Madiun's Aksi Cepat Tanggap in return did not take any profit from the waqf funds borrowed to be used by Micro, Small, and Medium Enterprises. Aksi Cepat Tanggap Madiun conducts 36 Islamiyati islamiyati, Nur Adim, and Rizki Fitria Sari, "Hambatan Penyelesaian Sengketa Tanah Wakaf Pada Proyek Pembangunan Jalan Tol Dan Solusinya (Studi Kasus Di Kabupaten Jombang),"., Diponegoro Private Law Review 7, no. 2 (December 10, 2020): 7. Al-Insyiroh: Jurnal Studi Keislaman Vol. 8, No. 2, September 2022P-ISSN: 2477-4928, E-ISSN: 2656 Distribution of Cash Waqf with Debt and Receivable Mechanisms Perspective of Islamic Law and Positive Law 53 coaching by gathering Micro, Small and Medium enterprise actors once a month, especially those managed locally in one area so that their development can be controlled and can return the lent waqf assets. Aksi Cepat Tanggap Madiun also provides several social functions and has fulfilled the expectations of the potential of waqf such as assisting with waqf funds to develop their business so that they have a good impact.
The distribution of cash waqf using qardhul hasan in Aksi Cepat Tanggap Madiun is by Islamic law because it has withheld the value of assets and maintained the principal value of waqf assets by using them for the development of Small, and Medium Enterprises as well as providing guidance. The distribution of waqf assets in the Aksi Cepat Tanggap Madiun using qardhul hasan does not contain elements of maisir, gharar, and usury. Because there is no addition in the return, whereas if it cannot return the loan money, Aksi Cepat Tanggap Madiun will recommend it into the Global Zakat program and be registered as 8 Ashnaf, namely gharim (debtors).
The distribution of waqf in the Aksi Cepat Tanggap Madiun is by positive law, because it aims to help Small and Medium Enterprises (SME). While the contract used in this payables mechanism is a qardhul hasan contract, the debt-receivable mechanism that uses a qardhul hasan contract is by sharia principles.
This research can provide new innovations in the distribution of waqf funds that are more efficient and productive. So that waqf can be one of the instruments of Islamic economics that prosper the people. and distributing waqf does not only provide consumptive forms. Aksi Cepat Tanggap must distribute its waqf funds with social goals for the benefit of the people, not aiming for profit, because Aksi Cepat Tanggap is a Lebabaga that operates in the social world, not business.