The pillars of waqf are important for us to understand together before doing waqf. Due to waqf relates to giving property that we have to be managed by other parties for the public interest so that the property can benefit the community or people in need.
Definition of Waqf Worship
Waqf comes from the Arabic “waqf” which means “to hold” or “to separate”. In the context of Islam, waqf is the act or act of separating part of the property or land assets owned by a wakif (waqf giver), to then be allocated for charitable interests or public good. The waqf giver or his heirs cannot withdraw the assets entrusted, and the benefits must be used in accordance with the original intention of the wakif.
Waqf is a sustainable form of social investment (Wakaf adalah bentuk investasi sosial yang berkelanjutan,) as the benefits will continue to flow for eternity. Waqf donations can be in the form of land, buildings, money, or other assets that benefit the community, such as hospitals, mosques, schools, and orphanages.
Legal Basis of Waqf
The legal basis of waqf in Islam is based on the shahih postulates of the Qur’an and hadith. One of the Qur’anic propositions on which the law of waqf is based is the words of Allah in Sura Al-Baqarah verse 261:
“The parable of those who spend their wealth in the way of Allah is similar to a seed that grows seven grains, and there are one hundred seeds on each of them. God multiplies the rewards for whom He wills. And Allah is Vast (His gift) again All-Knowing.”
This verse affirms that Allah will multiply the reward for those who spend their wealth in His way. Waqf is included in the “spending money in the way of Allah” category because its purpose is for public interest and worship.
In addition, the hadith of the Prophet SAW (peace be upon him) is also the basis of waqf law. One of the hadiths that mention the importance of waqf is the hadith narrated by Imam Bukhari and Imam Muslim from Abu Hurayrah:
“When the son of Adam died, his practice was cut off except for three things: alms jariyah, beneficial knowledge, and prayers for the son who prayed.”
From this hadith, we can understand that waqf is included in the practice of jariyah, which continues to flow its benefits to the giver of waqf.
Baca Juga: Wakaf Termasuk Sedekah Jariyah, Ini Penjelasan Al-Quran dan Hadis
Pillars of Waqf in Islam
We must fulfil several pillars of waqf for the waqf to be valid and accepted on the side of Islamic law. Here are the pillars of waqf:
- Intention: The giver of waqf must have a sincere and sincere intention because he expects the pleasure of Allah SWT.
- Wakif: The giver of waqf or the person who entrusts the property/assets he has.
- Mauquf (object of waqf): Determines the assets or property to be endowed, such as land, buildings, money, or other valuables.
- Mauquf ‘alaih (beneficiary of waqf): Determine the party or institution that will be the beneficiary of the waqf, such as mosques, schools, hospitals, or orphanages.
- Shigah (proof) Proof that the waqf giver entrusted his property to the waqf recipient. It can be in the form of speech/voice recording, writing or gestures. However, it is better to make a valid waqf deed and follow legal provisions to ensure the validity and clarity of waqf grants.
Also Read: Mauquf Alaih adalah Aspek Penting dalam Berwakaf, Siapakah Dia?
Requirements for Waqf
In addition to the above pillars, there are also waqf conditions (syarat-syarat wakaf ) that we need to pay attention to so that the waqf can run well and by Islamic law. Some of the waqf requirements include:
Requirements for Waqf Persons (Wakif)
Several conditions must be met by the wakif for the waqf to be valid and accepted by Islamic sharia. The following are the terms of the wakif:
- Puberty and intelligence: The wakif must have reached the age of puberty and be intelligent to be able to understand the waqf contract carried out.
- Full ownership of the property to be endowed: The wakif must have legal and waqfable property or assets. The property entrusted must be in the legal possession of the wakif and not be disputed or haram.
- Sincere intention: The intention of the wakif must be pure and sincere solely because of Allah Almighty, not to seek popularity, praise, or benefit of the world.
- Ability to give endowments: Wakif must have the ability or authority to give such property or assets as endowments, including no prohibition from other parties to waqf.
- Follow legal procedures and provisions: Wakif must follow the procedures and legal provisions applicable in waqf actions, including in the case of the appointment of legal witnesses.
Conditions of Entrusted Property (Mauquf)
The entrusted property must also meet several conditions to be valid as an object of endowment. Here are the conditions:
- Possessions or valuables. Such as land, houses/shops, livestock, vehicles, money, stocks, and other valuables.
- It can be known and determine the value of the object. If the amount of property is unknown, then the transfer is invalid.
- Eligibility of Waqf property: Waqf property must have a beneficial value and can be utilized for public benefit by the purpose of the waqf. Such as land that can be used as a place of worship or establishing social institutions.
- Legally owned by the wakif. Must not entrust property being used as collateral or mortgaged to another party and is in dispute over ownership.
- It does not contradict Islamic sharia. Such as property obtained from illicit activities or usury.
Also Read: Wakaf Cianjur Bangkit: Merajut Asa di Tengah Puing Reruntuhan Dampak Gempa Cianjur
Requirements for Waqf Beneficiaries (Mauquf ‘alaih)
Beneficiaries of waqf (heirs) must also meet several conditions to legitimately benefit from the proceeds of waqf. Here are the conditions:
- The beneficiary of the endowment must be clear: The person receiving it must be clear, whether it is one, two people, one group or a social institution that has all been determined and must not be changed.
- Eligible for waqf: Waqf recipients must be eligible and need to receive benefits from waqf, such as the poor, orphans, the poor, or social institutions that need support.
- Legality and certainty: If the beneficiary of waqf is a social institution, it must have clear legality as a beneficiary of waqf, which must be well documented.
- Not contrary to Islamic law: Waqf beneficiary groups must not contradict Islamic sharia, such as institutions that do not follow Islamic religious teachings.
Shigah Requirements
Shigah or waqf contract must also meet certain conditions to be valid. The following are the conditions of shigah:
- Clear and Unequivocal: Shigah must be done clearly and unequivocally by stating the intention of the wakif to entrust his property or assets.
- Permanent: The agreement must contain a sentence indicating the permanence of the endowment. It is invalid if the waqf contract is limited to a certain time.
- Must not contain waqf cancellation requirements: If the above conditions have been met, then the wakif or family is not allowed to cancel or withdraw the property that has been endowed. So, in the contract, it must be clarified that the ownership of the property has been fully transferred to the recipient of the waqf.
- Witnessed by Legal Witnesses: Shigah must be witnessed by two legitimate witnesses according to Islamic law and is not related to wakif or mauquf ‘alaih.
Also Read: Lewat Program Wakaf Cianjur Bangkit, Dompet Dhuafa Bangun Kembali Masjid yang Rusak
Start Waqf in Dompet Dhuafa
Waqf is an unbroken jariyah practice. Friends can entrust waqf assets in trust institutions such as Dompet Dhuafa. Dompet Dhuafa has various social programs whose benefits are generated from waqf assets. Sow blessings, reap benefits, start with waqf in Dompet Dhuafa.
