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    WAQF AS A SOURCE OF SYARIAH ECONOMY

    (Practice of Waqf at Modern Islamic Boarding School

    Darussalam Gontor Indonesia)

    Mukhlisin Muzarie

    Lecturer of IAIN Syekh Nurjati Cirebon

    Abstract

    Waqf As a Source of Syariah Economy (at Modern Boarding School

    Darussalam Gontor). Wakaf is an Islamic social institution which has an

    important role in the society development not only in the field of educationand dakwah but also in social and economy. This institution compared

    with zakat (obligatory alms), infak (donation) and sedekah (alms), it has a

    strong economic power because the fund transferred to support any social

    and religious project is its benefit and usefulness, whereas zakat, infak and

    sedekah are consumtive assets. Perwakafan in Indonesia, in fact is

    different, most of them are direct consumtive wakaf and the budget of its

    operation is obtained from outside so it gives a burden to the society.

    There is a wakaf which is obtained from the society and it is used through

    productive business units so it develops quickly and it gives a contribution

    to the increasing of society welfare, that is the Wakaf of Modern Boarding

    School Darussalam Gontor).

    The aim of this research is the reveal the sources of wakaf PMD Gontor

    and its empowerment with contribution to the society welfare. Wakaf, as

    an asset donated for community, in the relatively long span, has ritual and

    social functions. Its ritual function is as the implementation of IMAN

    (belief) of someone in the form of awareness of good deeds which can be

    hoped as the last infestation which flows continuously, while its social

    function is as a solidarity from which can be a contributive instrument to

    the increasing of society welfare which is eternal (eternal fund).

    This research uses the method of descriptive qualitative one, that is a

    method which is used to observe the status of a group of man, an object, aset of condition, a system of thought or an event class nowadays. The

    method of collecting data uses observation and interviews. The collected

    data is firt arranged, then is explained and analized using inductive logic,

    that means silogism is built based on the field data specifically and at last

    on the conclusion generally.

    As a theoritical base in observing the empowerment case of wafkaf, it uses

    the theory of changing law of Ibnu Qayim, the theory of istishlah, istihsan

    and urf by quoting from the Holy Quran about the dynamic and

    innovative changing, whereas the observation of society welfare uses the

    value theory of Edward Sprenger and the theory of Weber about protestant

    ethic.

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    From this research, it is obtained a clear description about of

    empowerment of wakaf through productive business units which at last

    can recommend to the Board of Wakaf or YPPWPM in order that theempowerment of wakaf should be developed through Syariah Financial

    Boards so that it can be potential in developing society economy.

    A. Preface

    Waqf is the regulation of Islamic economy which has an important role in

    the development of society, not only in the field of education and religious affairs

    but also in economy and social. This institution, although it does not belong to the

    source of primary public finance, compared to zakat, infak and sedekah, it has a

    firm economy power because the fund used to support a variety of religious

    projects and social is its benefit and usefulness, while zakat, infak and alms are its

    assets, so it is consumptive. Waqf defined as an asset donated for humanity has

    ritual and social economy function. In ritual function, waqf is an an

    implementation of IMAN for someone in the form of consciousness to donate in

    the hope that the reward will continuously flow (shadaqah jariyah) although the

    person has died. While its social economy function is an a form of solidarity

    which become a contribute instrument to the welfare of society forever.

    The function of waqf has a forward vision so that moslems since the era of

    prophet until now are attracted to do waqf practice. Prophet as the leader of

    religious community gave an example (uswatun hasanah) setting free a piece of

    land of a fatherless childs in Madinah to be given fort the building of Nabawi

    mosque. The this deed was followed by his disciples, tabiin and all moslems

    coming afterwards.

    1

    All his friends, explained by Jabir, did the practice of waqf.Asad bin Zuroroh added that friends of Badr from Ansor and Muhajirin also did

    the practice of waqf. Al-Khashshaf (w. 261 H), the writer of history of Islamic

    law, noted a number of prophets friends and tabiin who had done the practice of

    1

    Sayyid Sabiq, Fiqh al-SunnahIII (Bairut, Dar al-Fikr, 1977), p. 379; Al-Syaukani,Nailal-Author III (Bairut, Dar al Fikr,TT), p.129

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    waqf, for example, Abu Bakar, Umar, Utsman and Ali bin Abi Thalib, Abu Jafar,

    Umar bin Khalid, Al-Zuhri and Umrah binti Abdurrahman.2

    The asset of waqf3 was an agricultural field, managed by nadzir

    (mutawalli) and distributed to the society. It covered a variety of sectors.4 Ibnu

    Umar, a manager of waqf Khaibar reported that the distribution of the result of

    waqf from 100 kavlings was given to the poor from the nearest relatives, servants

    / maids, volunteers, travelers, guests and for the payment of the keepers.5 The

    distribution of waqf from the prophet6was 36 kavlings in the Khaibar area, 18

    kavlings were prepared to facilitated the need of volunteers who joined in the

    release of Mekkah City and 18 other kavlings were prepared for other moslem

    needs.

    Further development, productive waqf of asset in moslem countries could

    be fertile agriculture fields (property of waqf). Mobile productive waqf of assets

    and merchandise (commodity waqf) were relatively small in number.7This was

    caused by the economy of society was dominated by agriculture sectors and

    generally the society had a field wide enough to do the practice of waqf. The facts

    historically indicated that the sources of economy long ago were dominated by

    agriculture, farming and plantation sectors. These three sectors became the main

    source of public finance, the object of tax and zakat as well. While the sectors of

    trade and service had not been the main source of public finance and the zakat was

    not taken. Imam Al-Syafiie in his qaul qodim declared that there was not zakat

    for trade sector, but in his qaul jadid zakat was a must. All those become a proof

    agriculture and plantation.

    2See Al-Khashshaf, Abu Bakar, Ahmad bin Amr al-Syaibanie,Ahkam al-Auqaf, (Dar al-Kutub

    al-Ilmiyah, Bairut, 1999), p. 8-93See Musthofa Salabi,Muhadharat fie al-Waqf wa al-Washiyah(Iskandariyah, Dar al-Talif, 1957),

    p. 374SeeAbu Zahrah,Muhadharat fie al-Waqf (T.tp, Mahad al-Dirasat al-Arabiyah al-Aliyah, 1959), p.

    10; Musthofa Salabi,Muhadharat fie al-Waqf wa alo- Washiyah (Iskandariyah, Dar al-Talif, 1957),p. 375Al -Shanani, Imam Muhammad bin Ismail, Subul al-SalamIII (Bairut, Dar al-Fikr, Tt.), p. 886 Mundzir Qahaf, Manajemen Wakaf Produktif, terj. Muhyiddin Mas Rida (Jakarta, KHALIFA,

    2005), p. 197 See M.A. Mannan, Sertifikat Wakaf Tunai, Sebuah Inovasi Instrumen Keuangan Islam,

    Terj.Tjasmijanto dan Rozidyanti (Depok, PKTTI-UI, 2001), p. 34

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    Another consideration is although that waqf property is regarded more

    relevant with the aim of eternal waqf (baqa al-ain) and continuous (demam al-

    manfaat). Because this waqf has eternal character, it is easily controlled and has

    low liquidity so it is not easy to hand in to other sides. Besides, the circulation of

    money at that time was still very limited, only in cities and circulated in middle

    society and up. Low society living in villages commonly did not have money so in

    classic references there was no money waqf.

    Looking at potential waqf as a big income of public finance and it has a

    big role, so it needs an institution to handle waqf specifically. When waqf in

    regarded as voluntary deed and has a limited access, the organization is given to

    the waqf receiver (mauquf alaih) or to the people appointed by waqf givbes to

    organize it (washiy / munaffadz al-washiyah), but after the access of waqf

    expands and problems come out connected with deviation which cause waqf asset

    change of ownership by contra law or neglected, so the organization is interfered

    by the government.8 At last the waqf which formerly was a private law, in the

    development it become public law.

    In Egypt and Syria waqf is handled by special minister and so is in India,

    Pakistan, Bangladesh, Libanon, Aljazair, and Indonesia. In some countries like

    Uganda, South Africa and the Philippines waqf is organized by private institution

    without government interference.9Here waqf is viewed as a gift (charity) aimed to

    facilitate society importance to do religious activity, but not viewed as a social

    institution connected with society importance and has economic power, so it is

    regarded not important to be interfered by the government.

    In Indonesia there has been regulation of waqf since the Dutch

    colonialization. After the independence the regulation of waqf was begun by the

    birth of the chief law of Agraria Number 5 1960. In chapter 49 the law declared

    that waqf of property is organized by government rules. Those rules were edited

    seventeen years later, with the birth of government rule number 28 1977 about

    8 Muhammad Abu Zahrah, Muhadharat fie al-Waqf, (Mahad al-Dirasat al-Arabiyah al-Aliyah,

    Bairut, 1959), p. 119 M.A. Mannan, Sertifikat Wakaf Tunai, Sebuah Inovasi Instrumen Keuangan Islam , Terj.

    Tjasmijanto dan Rozidyanti (Depok, Kampus Baru UI, CIBER, 2001), p. 34-35

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    waqf property. This rule of waqf is only organize and protect waqf property,

    buildings and plantation. The protection of waqf material unlimited on land and

    buildings were arranged 14 years later, after the birth of presidents instruction

    number 1 1991 which anticipated the validity of compilation of Islamic law. More

    complete regulation of waqf was made 15 years later, after the birth of waqf law

    number 41 2004. The regulation of waqf law which published step by step has the

    aim to protect waqf practice alive and developed in society and to legalize an

    institution which has a strong economic potential in the hope to get the certainly

    of law.

    B. The Problems of Waqf in Indonesia

    From the description above, it is clear that the advantages of waqf is very

    big to donate public needs whether to facilitate social and religious activities or

    academic activity. But it is different in Indonesia. Waqf faces a complicated

    problem because generally it is non productive waqf and incapable to finance

    itself. The result of observation by Imam Suhadi in 1987 indicated that the waqf

    in national scale is mostly consumtie.10 It is also the same with result of

    observation in Cirebon regency by the writer. This fact illustrates the condition of

    waqf which if quoted the term of Munadzir Qahaf, is direct waqf, not productive

    waqf. This means it is the waqf which gives services directly to the society, not

    the waqf which is prepared for production importance.11

    The number of direct waqf is greater compared with productive waqf, so

    the waqf in Indonesia faces a serious problem because the operational fee is

    relatively great. So it must be found from outside waqf. Another problem is that

    there are many agricultural fields which were fertile in the past and produced

    hundreds of tons but now they turn to be dry and not productive. Nadzirs as the

    bodies which are responsible to organize waqf want to develop those lands to be a

    new productive business like to make fishponds or change them with other

    strategic ones or sell them. The money from the selling will be used for assets of

    10 See Imam Suhadi, Wakaf untuk Kesejahteraan Umat (Yogyakarta, Dana Bhakti Prima Yasa,

    2002), p. 11811Mundzir Qahaf,Manajemen Wakaf Produktif,p. 22-23

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    business. But the society does not agree because they believe that waqf must not

    be sold, granted, exchanged or inherited. Moreover, the change of waqf is

    constitutionally very difficult, because it must get permission from the Minister of

    Religious Affairs first. This takes a birocracy and long time, two up three years.12

    The lives of society have changed so the concept of waqf must be changed.

    The changes cover things which can be given as waqf, waqf transaction,

    management of waqf. In the past Indonesia was an agricultural country. The

    economy in villages was dominated by agricultural sectors, poultry and

    plantation13

    so moslems did waqf practice in the form of agricultural fields.14

    On

    the country, nowadays, especially in Java people dont have rice fields because

    they have changed into industrial areas and real estates. The growth of population

    which is very fast needs new housing location, near work place, easily reachable,

    transportation and telephone lines. This creates settlement crisis.15 Thus, the

    society does not have enough lands for waqf. Today the social arrangement of

    waqf is required to be capable in giving real contribution to solve multi

    dimensional crisis caused by monetary crisis since 1997 with its results.16

    The increasing number in poverty and unemployment caused by that

    monetary crisis is a national problem that needs to handle or arrange. Although

    the government has done the efforts to overcome, as the movement of integrated

    poverty management (Gardu Taskin), the project for the increasing of sailors

    farmers income (Proyek Peningkatan Pendapatan Petamni Nelayan Kecil),

    presidents instruction of left villages (Inpres Desa Tertinggal) and the

    compensation of fuel (Kompensasi BBM) or Direct Cash Aid (Bantuan Langsung

    Tunai) but the result is not completed. In this condition, waqf institution should be

    12 Ibrahim, H. dkk, Himpunan Peraturan Perundang-Undangan Perwakafan Tanah Milik (Jakarta,

    Ditjen Bimas Islam dan Urusan Haji, Proyek Pembinaan Zakat dan Wakaf, 1983-1984), hlm. 9513

    Siti Maryam dkk, Sejarah Peradaban Islam dari masa Klasik hingga Modern(Yogyakarta, LESFI,

    2004), p.18-1914

    See Al-Hamid al-Husaini, Riwayat Kehidupan Nabi Besar Mhammad SAW (Jakarta, Waqfiyah al-

    Hamid al-Husaini Press, 1990), p. 2015

    SeeN. Daldjoeni, Seluk Beluk Masyarakat Kota (Bandung, Alumni, 1978), p. 2316

    See R. Harry Hikmat, Strategi Pemberdayaan Masyarakat (Bandung, Humaniora Utama Press,

    2004), p.122

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    the instrument contributively to the social problem solving, not in the opposite,

    that is to burden the society with donations.

    There is waqf institution taken from the society and it is successful to put

    into practice through Syariah economy institutions so it develops quickly and can

    finance big religious projects and also it becomes an important instrument in

    increasing welfare of society. That is waqf institution of Darussalam modern

    boarding school, Gontor Ponorogo Regency, East Java. This institution has

    succeeded in fund rising, not only in rice field and in immovable things (waqf

    property) but also it reaches waqf cash coming from aghniya and students parents

    which is handed in every new academic year. They waqf of Darussalam modern

    boarding school Gontor comes from the founder of boarding school which is

    known as Trimurti. It gave all assets for waqf, for the importance of education

    and dakwah.

    Waqf is organized by an institution, that is waqf committee of Darussalam

    Modern Boarding School Gontor. This committee builds units of business and

    shopping centers controlled by modern management system to make use of waqf

    asset. Darussalam Modern Boarding School Gontor now has a big asset of

    business. It reaches hundreds of billion and has more than25 business units, even

    it reaches 50 units included in the boarding school branches.17

    C. The Exploration of Waqf

    As stated above, the problem of waqf in Indonesia is generally

    consumptive, not productive waqf. So, the operational fee is obtained from

    outside of waqf. Thus, it needs efforts which support open waqf practice, reach

    cash waqf, shares, certificates, services and other benefits. Them, it can be used

    for various productive business in line with economy principles so it becomes

    contribute instrument to the welfare of society. The board of waqf Darussalam

    Modern Boarding School Gontor is a board which is succeeded in collecting

    productive business units so it used and spread through productive business units

    17

    Abdullah Syukri Zarkasyi,Manajemen Pesantren, p-.178-179

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    so it gets large benefits every year. It can facilitate the development of boarding

    school and its academic activities. The sources of waqf are obtained from the

    masters of school founders (Trimurti), then it is accessed by wide society from

    domestic and abroad. It covers :

    1. Waqf Property

    The practice of waqf done by the master of the boarding school

    (Trimurti) is followed by some other masters, like KH. Nawawi Ishak

    Banyuwangi, KH. Kafrawi Ridwan Kediri and Ibu Qayumi Ridwan

    Magelang. They gave their boarding schools as a waqf to boarding school

    Gontor. Besides, the government of south Konawe regency, Southeast

    Sulawesi asked the head of Gontor boarding school to build a boarding school

    in his regency, then it is handed in to the Gontor Boarding School.

    KH. Nawawi Ishaq has the asset of Darul Muttaqin Boarding School

    built by himself, then it was given as a waqf to the Gontor Boarding School.

    KH. Kafrawi Ridhwan has the asset of Darul Marifat Boarding School built

    in the area of 6.5 hectare in the village of Sumber Cangkring, Gurah, Kediri

    Regency. Then it was given as a waqf to Gontor Boarding School. Ibu

    Qayumi has an asset of mosque and a house in the area of 2.3 hectare, then it

    was given to Gontor Boarding School. While Gontor Boarding School 7

    Riyadhatul Mujahidin which is located in South Konawe Regency, Southeast

    Sulawesi, was built in cooperation between the head of Gontor Boarding

    School and the province government of Southeast Sulawesi in the area of

    1000 ha for the development of Gontor Boarding School. There are many

    other aghniya who entrusted and gave their waqf to the boarding school. Until

    2007. It has waqf land more than 1721.09 ha.

    2. Commodity Waqf

    The waqf at Darussalam Modern Boarding School Gontor attracts

    wide society so it gets waqf sources unlimited on property waqf but it reaches

    immovable things such as the equipment or tools industry, printing machine,

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    slaughter machine, confection machine, cattle, vehicle, computers, office, etc.

    those tools and equipments are party from purchasing and others are obtained

    from donation. In 2006 the foundation of maintenance and enlargement of

    waqf at Darussalam Modern Boarding School Gontor got assistance. It was a

    machine of noodle makes from Bogasari flour factory. In 22007, at boarding

    school Gontor 3 Darul Marifat Kediri regency, started to operate chicken

    noodle factory following tahu tempe factory. This boarding school also got

    assistance from minister of agricultural through the office of research and

    development of cattle Batu Malang 401 million rupiah. This aid was

    especially used for integrated agriculture operation and the availability of

    cattle. So the source of productive waqf is not only limited on property but

    also mobile things such as cattle, industrial machines, office equipment and

    vehicle which can be operated for santri (students) transportation and the

    service in student and society health center.18

    3. Cash Waqf

    Infak from students parents addressed to the boarding school is

    claimed as waqf. The reason is that the fund is indirectly used for school

    operation, but it is used although business units of the school. The number of

    waqf from the students parents is big enough. At the beginning of the year

    every student give infak. In 2007 it reached 20 billions. This number is

    predicted that it will increase every year in tune with the program of the

    school development planned. Internally the boarding school Gontor is not

    much influenced by the economic recession that happens outside. This is

    caused by the efforts of more steady autonomy. However, the school

    development program which is going on and the increasing price of material,

    the increase of infak in the future cannot be avoided.

    4. Waqf Diri (Service Waqf)

    18 YPPWPM in 2007

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    The term waqf diri is not known in fiqh literature but the substance

    can be found in Al-Quran with the term muharrar,19

    that is the person whose

    life devoted to Baitul Maqdis and keeps away from the ties of earthy matter.

    Consequently the person who declared himself as the devotee in a religious

    institution becomes tied up with the tasks there. Darussalam Modern

    Boarding School Gontor accommodates waqf diri for the purpose of

    guaranteeing the everlasting life of the school and regards it as service waqf.

    Basically this practice of waqf has been done by society (litaamul al-nas).

    Infact, there are many people who willingly donate their thoughts and energy

    to built religious institution as mosque or musholla whether as a bricklayer or

    carpenter. They refused to be paid because they worked voluntarily. This

    practice of waqf gives an opportunity to compete in doing good needs

    although in the form of thought and energy. Good deeds (amal) is not only

    limited to cash and things but also it can be services. That is what is meant

    waqf diri (self waqf). Every year senior students in big number devote

    themselves to the school for a year (one year devotion). Ustadz (teachers) and

    lecturer partly devote themselves for some years (muaqqat) and other forever

    (muabbad). Teachers and lecturers who devote themselves to the Gontor

    school forever are the choice cadres of Gontor who willingly devote their

    lives to the Gontort school.

    D. Waqf Application

    Modern Boarding School Darussalam Gontor built units of business and

    trade as waqf application. First it started its business in 1970 by building rice

    mills. These were inspired by the income of harvest which became bigger. After

    they operated successfully for 13 years, it built printing in 1983. This was done

    because of the needs to prepare compulsory books at KMI. Then in 1985 it built a

    shop for everyday needs, material shop in 1988, book shop in 1989, canteens for

    19

    QS Ali Imran, 3 : 35:

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    students in 1990 and unit of family welfare (UKK). After 1990 those business

    developed until 2007 the reached more than 50 units and it had a big supermarket.

    1. Agriculture and Plantation Sectors

    Modern Boarding School Darussalam Gontor has waqf property., it

    reaches 1721.09 ha,20618.451 ha from people, 102.64 ha from buying and

    100 ha from the government of Southeast Sulawesi Province. Those waqf

    properties consist of 558.891 ha rice field, 59.56 ha land property and the rest

    in forest property. The application of productive land was through some

    designs. Some lands were given to the farmers to till through profit sharing

    (muzaraah) and some others were rented (ijarah). The management of

    productive land which was given to the farmers and cultivated traditionally

    was still carried out since waqf promise 1958 until now. Based on the data

    2005, rice field of waqf 190.62 ha33 which was cultivated through profit

    sharing was 160.28 ha and 30.34 ha21

    was rented. The rice field which was

    shared resulted tons of rice and the rented rice field resulted hundreds of

    million rupiahs.22

    At the first time the management of waqf in agriculture was rice field

    and cane field. But now it is cultivated intensively by planting hard plantation

    so it gives better usefulness. Some lands around Gontor 1, Gontor 2 and ISID

    are planted vegetables and some others are used the develop mushroom, pete,

    hairy fruit, naga and teak tree.23

    In Gontor 3 Darul Marifah Kediri they

    develop farming and agriculture with mush room, melon, tomato, red paper,

    corn and spices. The agricultural area in this place is fertile and productive.

    Besides spices there are 1000 gold teak trees. While in Jambi there is an

    experiment to open coconut tree farming which covers 300 ha, in the hope

    20Observation 2007/7

    21At Ngawi 142,31 ha, Madiun 9,5 ha, Kediri 6,2 ha, Jember 2,27 ha,tTotal 160,28 ha

    22

    At Ponorogo 19,95 ha, Nganjuk 10,39 ha, total 30,34 ha23YPPWPM in 2007

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    that in the future there will be opened a branch of Modern Boarding School

    Darussalam Gontor.24

    In cattle raising the head of the school has developed some business

    units, for example, unit of chicken cutting, cow fattening, cow slaughtering

    and unit of cow milking. A unit of sheep raising is being developed to fulfill

    the need of qurban around the boarding school. Sheep raising will be done

    by battery system, in the stable format 3 x 2 m for 5 sheeps. The location is

    not far from Gontor 1 surrounding in order to make easy in supervision

    system.25

    Cattle developments, whether chicken, sheep or cows, beside to

    fulfill the need of agricultural garbage.

    2. Business and Trade Sectors

    Based on the report of KH. Abdullah Syukri Zarkasyi, the business

    units of the modern school reach 50 units, spread in around Gontor 1, Putri 1

    and branches of Gontor.26

    Although in the first time it is intended for

    fulfilling internal need, but later it becomes a tool for making use of effective

    waqf. Rice mill, as mentioned above, has a capital of 6 7 ton rice a day. In

    the beginning it is for intern only but at last it becomes productive business to

    receive paddy from outside and it operates continuously.

    The boarding school Darussalam Gontor has big market potential, the

    number of students covers 13.900 person27

    and the frequency of students

    parents visit is high enough. Each students parents visit it there to four times

    a year, at the beginning of new academic year, in Syawal month and in the

    early of second semester, Rabiul Awal month and on holidays. The big

    volume and high frequency of visit affect the increase of result or income in

    the use of waqf. The visit students and students parents in business units

    24Intervew in 2008

    25Intervew with Badan W akaf Gontor in in 2008

    26

    Abdullah Syukri,Manajemen Pesantren, p. 17427Ibid, p. 177

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    increases in the new academic year because their presence accompanied by

    their families, so their omzet increases.28

    In the year 1983 the headmaster of Modern Boarding School

    Darussalam Gontor set up press and printing. The aim is to print compulsory

    books at KMI. Every students, the old and new students, needs 10 15

    compulsory books. If every student needs 12 books, so 13.900 students will

    need 166.000 books. Before it had its own printing, the school printed

    compulsory books written by KH. Imam Zarkasyi and the other in a printing

    factory in Jakarta. Now, after it has its own printing, it has developed modern

    machines held by professionals and experienced men, so every year it

    produces a lot of books. Those books are not only provided for students of

    KMI in the centre and branch of Gontor but also for 179 boarding schools

    spread in Indonesia. \

    To fulfill the need of marketing, the headmaster of the school built a

    bookshop La Tansa in the centre city of Ponorogo in 1989. This bookshop not

    only distributed the books Gontor press but also from other publishers.

    Darussalam Press and Printing prepared books for elementary school up to

    universities. Besides, there are classic books from middle east, especially

    Daral-Fikr Beirut and other qualified books.29

    The omzet of selling the books although it hasnt been stated with

    quantitative data, it has 13.900 students who need the books in big number.

    Every student of KMI in the early of new academic year must buy

    compulsory books and suggested books from 10 to 15 books, 300 up to 500

    thousand rupiah. The number doesnt include the need of the students from

    alumnus Boarding School which over 179 schools. If every student of

    Modern Boarding School Darussalam spends averagely Rp. 250.000,- in the

    early new academic year, so the omzet of selling the books from the students

    covers 3.475 billion rupiah.

    28

    Observation in 2006 & 200729Observation in 2008

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    In 1986 the headmaster opened a complete shop, it is called UKK

    (family welfare business) in Gontor village to provide staple food and daily

    needs for the students and society in the surrounding. Then, he opened two

    pale shop in Ponorogo village and Bajang village near Gontor. Both shops

    provided common things, cosmetic, electric appliances, glasses and other

    household needs.

    Next, the headmaster of the school set up spices and vegetable market.

    The aim is to fulfill the students kitchen and family kitchen. They need a lot

    of spices everyday. The schools car appeared loading spices to fulfill the

    students kitchens in some complexes. In Gontor there was family kitchen

    and three students kitchens to serve 4 5 thousands students. Meal time,

    breakfast from 06.00 to 07.00, lunch from 12.30 to 13.30 and dinner from

    19.00 to 20.00. all students looked tidy. They stood in line, each brought meal

    card fit with the date and time. Meal cards became invalid unless taken at

    proper time.

    In 1988 the principal of the boarding school felt necessary to build

    material shop to fulfill the need of building material which increased every

    year. Material shop was placed in Bajang, a village near Gontor. Based on

    observation, the Modern Boarding School Darussalam never stopped

    building. Everyday there was always work in building or renovating old

    buildings and developed places in Gontor 1 and in some branches. According

    to the builders, the Modern Boarding in school Darussalam Gontor employed

    200 people everyday. They worked the same as permanent workers

    everyday.30 Building section needed many materials so this forced to open

    their own material shop.

    Modern Boarding School Darussalam Gontor applied protection

    economic system. Its not permitted for students to buy food outside the

    school. This is done to make smooth the process of teaching and learning.

    Consequently, the school provides students kitchen at some complexes as

    dining rooms. There are canteens to serve the students and teachers who need

    30Interview, 3 July 2008

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    additional menu. Every new academic year, at the time of new student

    registration, the school open additional canteens temporarily held by the

    students to serve the increasing visitors.

    For the need of information and communication between the students

    and their parents, the school built telephone kiosk in some places. In Gontor 1

    Putri there are 6 phone kiosk placed in some complexes. Each kiosk, has 4 to

    5 service unit. At break time, those kiosks look very crowded, the student

    stood in a long queue. Students are not allowed to bring hand phones for it

    disturbs the teaching process. So there phone kiosks become productive

    business unit for developing waqf of Gontor.

    3. Industrial Sector

    Industrial sectors for empowering waqf Gomntor is home industries

    like backery, ice factory, drinking water, tahu-tempe, chicken noodle and

    garment factory. These small industry are the same as trading business units,

    not only to develop waqf, but also for empowering students in industrial

    sector. The boarding school Gontor, since the first pioneered to develop

    surrounding potential as a source of life which can fulfill the need of the

    boarding school. The model of protection economy started since 1970s, that is

    to provide all students need everyday and applied prohibition for those

    buying food outside the school for disturbing the process of studying

    scheduled. The number of students is great and the high volume of parents

    visit is an opportunity for the development of protection economy developed

    in the modern boarding school Darussalam Gontor. The society surrounding

    it, especially the families of senior teachers is empowered to produce food

    and it is marketed through canteens. Seeing that the marketing is stable, the

    benefit of the food industry is increasing. The visit of the students everyday

    can be predicted precisely. The visit of students parents on holiday can be

    calculated, so the production can be fit with the requirement. Based on

    observation that there is no left food at canteens everyday, even there is no

    more stock left.

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    In order to fulfill the need of clean water, the school tried to dig

    ground water by using a pump in big capacity so that it can reach thousands

    m3per day. It can fulfill the need of students. The boarding school can bought

    filtering machine so that the students can get clean water from the taps in

    public kitchens without limit. Besides, the school produced packed water

    which could be marketed to the branches of the boarding school and shops.

    In the end, it is said that business units owned by the boarding school

    Gontor becomes a commercial institution. It is used to empower waqf,

    teachers and students. People in business units, except in agriculture, are

    recurred from the students. The students from the organization of Modern

    Boarding School Student (OPPM) and Scout Organization get tasks to

    organize some business units in order to get direct experience. This will be

    beneficial for them in the future. Its natural that some of the students of

    Gontor become shop assistants and the teachers become manager in work

    units, even drivers because they are empowered in business units as a process

    of education and practice.

    Business units to be used empowering the students generally are in the

    environment of the boarding school, they are: 1. Student cooperatives, 2.

    Student kiosk cooperatives, 3. Fast food, 4. Canteen, cafeteria and kitchen

    cooperatives, 5. Drug store, 6. Photocopy, 7. Photography studio, 8. Scout

    equipment and postage materials and 9. Laundry.31

    While business units used

    to empower the teachers are those technically under the school cooperatives.

    The school Gontor set up cooperatives named La Tansa. It means dont

    forget. Its goal is to coordinate business uni ts which have developed. The

    cooperatives of the boarding school Darussalam was celebrated officially by

    minister of cooperatives on July 29, 1996. Number of registration

    8271/BH/II/1996.

    4. Sector of Service

    31

    KH Abdullah Syukri Zarkasyi,ManajemenPesantren, p. 176-177

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    At the beginning, service units were provided to fulfill the students

    need, teachers need and the visitors need but at last, it developed into

    business units which could be used to empower waqf. The facilities built by

    waqf board are Darussalam apartment, health centre of students and

    community (BKSM), telephone kiosk, photocopy, Darussalam Computer

    Centre (DCC) and public transport.

    Darussalam Apartments were built in two places, one at Gontor school

    Mlarak Ponorogo and the other at female Gontor school Mantingan

    Ngawi. A lot of visitors come to both places because the receptionists cannot

    accommodate them in guest rooms. Both apartments are really social oriented

    rather than commercial because the standard room for 4 persons and the lux

    room for 3 persons cost only 50 75 thousands rupiah per day. Yet the

    increasing number of visitors, from this sector the Modern Boarding School

    Darussalam Gontor got big income. The apartment of Darussalam Gontor 1

    (two storeys), has 32 standard rooms, deluxe and some VIP rooms beside it.

    At the apartment Gontor Putri 1 with clean and beautiful buildings, have the

    capacity of hundreds of people.

    Viewed from commercial aspect, both apartment are very strategic

    because the location is far from the city centre and the rooms for guests at the

    reception department is very limited. Four big rooms, two rooms for male and

    two for female guests, each consists of 25 30 persons are always full on

    holiday. The number of visitors exceeds the capacity of the Bapenta (the

    board of guest reception). This influences the rise of visitors who come to

    stay at the apartment. Based on the observation, every new academic year and

    holiday including on Friday, the apartments are always full. With assumption

    that every new academic year (in Syawal month) about 15 days and on half

    year holiday 5 days,, the rooms at the apartments are always full. So the

    income from the apartment for twice holiday reaches 64 millions rupiah. This

    does not include national holidays followed by the school and weekly holiday

    on Friday.

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    The chief of boarding school pays attention to the health need of the

    students which increases every year, builds the health centre of students and

    community (BKSM). BKSM is built in Gontor 1 and Gontor Putri 1 to handle

    students and teachers who are sick and need intensive care and the

    surrounding community. The big number of students, although many efforts

    for health prevention through nutrition, environment cleanliness and a lot of

    exercises, but there is always someone who is sick and need treatment. Based

    on the survey of BKSM, Gontor 1 and Gontor Putri 1 there is always a

    patient. Doctors, nurses and staff of administration, medicine, and ambulance

    are always standby if sometimes needed to give health service or must refer to

    the hospital. BKSM Gontor Putri is handled by two doctors and four nurses

    assisted by eight staff from KMI teacher. In the 80 th anniversary, the

    Indonesian Minister of Health visited Gontor Putri and gave 1 unit of

    ambulance car, a set of tooth care tools. This is very useful in supporting

    students health. From the sector of business, BKSM is not only as a body to

    serve the need of the students but it is also as a business unit for health

    service. It is used for students, teachers and society too.

    The development of the following business is school transportation.

    This business, as other business units, at first for serving students

    importance. Every new academic year many new students come in big

    number so they find difficulty in transportation. Student care section regards

    this as a serious problem. The educational calendar of Gontor school uses

    Hijriyah (Islamic) calendar which starts in the month of Syawal. All students,

    at the first lesson, have to return to school not more than on 10 Syawal. Most

    students choose the last days because the atmosphere is still Lebaran moment.

    This cause a pile, transport service section makes special routes to fetch the

    students, the routes Gontor Ponorogo and Gontor Madiun. Besides,

    vehicle section offers rental service, common routes and tour. There 5 cars

    operated, 2 mini bus Suzuki Elf, 1 bus Mitsubishi and 2 minibus Kijang. In

    2006 there were 5 additional armada, 3 micro bus, 1 pick up and 1 bus

    Mitsubishi.

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    E. Waqf and Syariah Economy

    Waqf fund from society in the form of property, vehicle, office equipment,

    books, money, document, hibah, muaqqot, infak, etc, can be developed through

    syariah finance boards or through national companies (BUMN) or regional

    companies (BUMD). So they support the rapid economic growth, especially in the

    society with middle to lower economy.

    The economic growth in Islamic countries nowadays, especially in

    Indonesia, is being arranged to lead economy using syariah principles. The

    activity of banking business like receiving, paying, transferring money, document,

    buying and selling cheques, giving credit,32

    etc. Which are called ribaas quoted in

    Al-Quran, are now being changed into syariah economic system in the form of

    wadiah, qiradl, mudlarabah, musyarakah, murahabah, rahn, salam,33etc. by this

    banking operational mechanism, it is hoped that it can avoid interest system which

    contains riba. Banks, as we know, play roles as facilitator between the savers and

    the users, whether to the organization, companies or personal.

    Moslems have been waiting for a long time the presence of financial agent

    non ribawi because they do not want to be tied up with the interest system which

    is controversial with syariat. Islamic bank has been pioneered since 1963 is Egypt,

    in Dubai in 1975. Then in other countries until 1984 there are 38 Islamic banks,

    28 in Islamic countries and 8 Islamic banks in non Islamic countries. 34While in

    Indonesia, the idea of Islamic bank appeared in 1970s, but it can be applied in

    1991 with the establishment of Bank Muamalat Indonesia (BMI) in Jakarta

    followed by the establishment of bank of Syariah people credit (BPRS) in small

    towns. Even, due to BMI and BPRS havent reached lower society, there are

    saving and borrowing units, which are called Baitul Mal wa Tamwil (BMT) and

    the cooperatives of boarding school (KAPONTREN) locally. After 2 years in

    operation, Bank Muamalat sponsored the set up of Islamic insurance Syarikat

    Takaful Indonesia (STI), and 3 years a head (1987) BMI helped the birth of Reksa

    32Abdul Aziz Dahlan dkk,Ensiklopedi Hukum IslamI (Jakarta, PT Ichtiar Baru Van Hoeve, 2001),

    p. 19433

    Muhammad Syafiie Antonio, Bank Syariah SuauPengenala Umum (Jakarta, Tazkia Institute,

    2000), p. 12134Ibid, p. 196

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    Dana Syariah PT Danareksa.35After that, it developed syariah banks like Bank

    Syariah Mandiri, Bank Syariah BNI, Bank Syariah BRI, Bank Jabar Banten

    Syariah and others almost in the whole of Indonesia.

    The practice of waqf which reaches money waqf, important documents,

    has economic power which can be empowered through syariah financial36

    businessman to support the economic growth non ribawi. Besides, waqf becomes

    an important instrument to help the rapid of community economic empowerment

    which uses local contextual approach as seen in community development program

    micro scale as the program of Warungisasi (every group is trained and given

    some money to set up a canteen), Kambingisasi (giving goats to poor groups to

    keep / raise, etc). 37

    F. Closing

    The problem of syariah banking, although it has stood up on theoretical

    base which refers to the Muamalah principles and has been operated through some

    patterns which can avoid banking interest system as underlined by syariah

    council, but if the basic capital is obtained from conventional banks, so the debate

    of the law is not final yet, remembering that the first transaction has been

    contaminated by ribawi system. So it is relevant if the idea of each waqf

    certificate with certification pattern as a proof of share holder waqf project for

    supervision the usage of investation and the management is done productively by

    syariah banks in the name of nadzir, because this will solve the classic debate

    which doesnt come to end.

    35Heri Sudarsono,Bank dan Lembaga Keuangan Syariah (Yogyakarta, Ekonosia, 2003), p. 30-32

    36Lihat A. Manan, Sertifikat Wakaf Tunai Sebuah Inovasi Instrumen Keuangan Islam, terj.

    Tjasmiyanto dan Rozidyanti (Jakarta, CIBER-PKTTI-UI, 2001), p. 3737

    Edi Suharto, Membangun Masyarakat Memberdayakan Rakyat (Bandung, PT Refika Aditama,

    2005), p. i

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