rosyid, ahmad zaenur
Lembaga Penelitian dan Pengabdian Masyarakat (LP2M) IPMAFA

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SENGKETA WAKAF DAN PENYELESAIANNYA DALAM PERSPEKTIF UNDANG-UNDANG WAKAF NO 41 TAHUN 2004 rosyid, ahmad zaenur
Islamic Review : Jurnal Riset dan Kajian Keislaman Vol 1 No 1 (2012): Islamic Review
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat (LP2M) IPMAFA

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Abstract

Religious Endowments (waqf) that have been developed in several countries and Indonesia have important role for the social welfare of the people. However, as the endowment is a part of the people asset management, it always brings complexity and problematic atmospheres in its management. One problem arises is the waqf dispute, which usually starts from the traditional unproductive management resulting in being sold by the unresponsible individuals. This paper attempts to elaborate and trace out the disputes in term of the responsibilities of each body involved in the endowments process. Based on the research that emphesaizes on the legal-formal norm approach, it is already mentioned that the Waqf Act No. 41of 2004 has provided complete and comprehensive provisions governing the issues of the endowment and its arising disputes. The dispute may arise from the waqf provider, the Nazir (the officer of the Endowments Pledge Deed), Waqf Board of Indonesia or the Shariah Board of Finance. This endowment disputes ranging (19%) were brought before the Religious Affairs Court as compared to Shariah economic matters (12), inheritance (1373), testament (25), grants (46), or zakat or infaq shodaqah (25).
Filantropi Islam Melalui Pengembangan Wakaf Produktif Rosyid, Ahmad Zaenur
Islamic Review : Jurnal Riset dan Kajian Keislaman Vol 3 No 2 (2014): Islamic Review : Jurnal Riset dan Kajian Keislaman
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat (LP2M) IPMAFA

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Abstract

This article is oriented to analyze the problem of dynamic management from one of institution in Central Java, which manages waqf, Masjid Agung Semarang (MAS). Many waqf assets are unmanaged intensively handled by MAS which is still in the process to be produced. Some problems analyzed in this article are about the factors as a challenging in the process of empowering for philanthropy movement based on waqf in MAS. And the other problem is about the dynamic of distribution from waqf MAS. This article used socio-legal approach as a field research. The data analyzed by qualitative method. The findings of the research showed that conflict has happened among the functionaries of waqf in MAS especially after the process of ruslag for land of MAS, 119 ha changed to be 250 ha handled by Cipto as the leader of company. The conflict has been happened for long time and founded many interpretations between BKM and kyai in Kauman Semarang. Then there is no harmony in this empowering for waqf in MAS. The second answer that philanthropy movement in MAS is operated in many ways, either for POM, market shopping, or other business managed by nazir (functionaries of waqf).