Nāẓir Al-Waqf in Imam Syafi’i’s View and its Implementation in Indonesia

Abstract

This article focuses on the possessing endowment that refers to the association that copes the endowment properties from the endower in order to be managed and developed based on its intentions (Act Number 41 of 2004 Article 1 Section 4). According to Imam Syafi’i, possessing endowment can be comprised by waqῑf, or mawqūf ‘alayh, or ḥākim. Dissimilarity with the constraints in the Government Regulations Number 28 of 1977, possessing endowment should be managed by individual or institution in contrast with the constraints that are mentioned by Imam Syafi’i. Evenly, Act Number 41 of 2004 Article 9 has mentioned possessing endowment may include: individuals, organizations, and institutions. This study examines that Nazhir Waqaf in Indonesia must be established referring to the view of Imam Syafi’i, Government Regulation Number 28 of 1977, and Act Number 41 of 2004 about The Endowment of Land Properties. Through literature review of Imam Syafi’i works and refers to Government Regulation Number 28 of 1977, Act Number 41 of 2004, and the Government Regulation Number 42 of 2006, this paper concluded that Nazhir Waqaf can be implemented referring to the view of Imam Syafi’i and also regulated under the Government Regulations Number 28 of 1977, Act Number 41 of 2004, and the Government Regulation Number 42 of 2006 about Endowment in Indonesia.