REGULASI WAKAF DAN LEGAL CULTURE DI INDONESIA: Studi pada Wakaf Tunai di Lembaga Pendidikan
Suhairi (a*), Imam Mustofa (b**)
Institut Agama Islam Negeri (IAIN) Metro
Jl. Ki Hajar Dewantara, 15A Kota Metro, 34111, Lampung, Indonesia
*suhairiyusuf[at]gmail.com
** imammustofa472[at]yahoo.co.id
Abstract
The development of waqf in Indonesia is quite significant. At first developed waqf was still conventional and the object was also still not moving assets. In the last few decades there has been a development of immovable endowments, including endowments of cash or endowments of money. In connection with this development, the government provides arrangements in the framework to provide legal regulation for waqf, including cash waqf in the legal institution. There are regulations regarding cash waqf in Indonesia consisting of laws, government regulations, ministerial regulations, regulations of the Indonesian Waqf Board and the fatwa of the Council of Indonesian Ulama. This article discusses the effectiveness of the enforcement of waqf regulations in Indonesia within the lens of legal culture. This study is based on a qualitative research using two types of data sources, namely primary data sources and secondary data sources. Data collection methods used are related to documentation and interviews with shareholders. Regulations regarding laws and regulations relating to waqf Implementation of rules concerning cash waqf are still constrained by sociological norms and religious norms held by the community. The moslem societies in Indonesia still reluctant to obey the rules related to the cash waqf, especially at the time of registration and certification of cash waqf objects.
Keywords: Legislation, cash waqf, and legal culture
Topic: Law perspectives and Islamic law