SEJARAH PERWAKAFAN DI TIMUR TENGAH DAN INDONESIA

Abstract

Waqf is a legal act of a person or legal entity that separates the majority of the wealth in the form of lands and institutionalize forever for the sake of worship or other public purposes in accordance with the teachings of Islam. The term endowments known when the Prophet Muhammad SAW migrated to Medina and formed in the second year Hijri. Charitable endowments made by Umar form of land at Khaibar, which was followed by Abu Talha who donated his favorite garden "bairoha". Next followed by other companions, like Abu Bakr, Uthman, Ali, Anas bin Malik, Abdullah ibn Umar, Zubair ibn Awwam, and by Aisha the wife of the Prophet Muhammad SAW. The fact of charity waqf is then carried out by Muslims around the world from time to time as the charity of worship to God. Number of endowments and its use is not limited to building places of worship or religious activity, but is for the benefit of humanity and the common good. Egypt is a muslim country that is very much of waqf, so as to overcome these endowments there is a special department set up and maintain. Tauba bin Namir (Qadhi) was an Egyptian at the time of Hisyam ibn Abdul Malik early to do so. The waqf treasures are at the mercy owners and the people who will be given in the endowment. Waqf in Egypt under the supervision of the qadhi, so they have a special attention to maintaining the waqf property. Abu Tahir Abdul Malik ibn Muhammad al-Hazmi one qadhi of Egypt in the year 173 H. always supervise endowment treasures as much as three days a month, he advocated and renovate and clean the dust attached to the waqf. He has a few workers, if they see something wrong with the goods endowments, the worker was beaten ten times. Before PP. No. 28 Th 1977, since Islam arrived in Indonesia endowments have been implemented based on understanding adopted by the Indonesian muslim community, namely schools shafi'ites and customs. New in 1905 M. issued by the dutch sirkulir contained in BS (Bijblad) No. 6196 dated June 31. BS (Bijblad) is a new set waqf of mosque and shrine. BS (Bijblad) it is stated that for those who want to carry out the required waqf first requesting permission from the regent, but this rule is considered by the Indonesian muslim community as a tool to limit their worship. BS (Bijblad) it was ordered to enroll regent waqf land and mosques. After PP. No. 28 Th 1977, the government regulation based on three main motifs, namely: 1) Religious motive, endowments as religious institutions as a means of religious nature. 2) Regulation of waqf, previously there was no adequate legal of waqf completely, such as the absence of data on waqf. 3) The existence of a solid legal basis, namely the enactment UUPA No. 5 Th 1960, in particular article 14 [1] (b) and article 49 [3].The content of the PP. No. 28 Th 1977 which consists of 7 chapters and 18 chapters, summarized as follows: Chapter 1; on general provisions. Chapter 2; of the functioning of endowments. Chapter 3; on the procedures for donating and registering land. Chapter 4; about the change, completion, and supervision of waqf lands. Chapter 5; of the penal provision, section 6 of the transitional provisions, and section 7 of the Act.