The New Waqf  Institution in Indonesia

by: Muhammad Syaifuddien Zuhriy

Abstract
Waqf as religious institution has applicative functions for all moeslems. Since its coming in Indonesia, Waqf had been already performed by ummat for supporting its spread. Even, until now, we can find that many Islamic religious building were constructed on the Waqf assets. For Moeslems, performing waqf as charity action, on the side, become a evidence the high awareness of their adherence to Allah SWT. Therefore, this religious donations practice often was stated that it is not only function as the reflection of personal loyalty to Allah but also function as completion to the social necessities. In Indonesia, its existence is paid serious attention by government. The shape of attention has already come up with the series of some positive regulations. In sociology perspective, this condition brings out new social institution in society, particularly religious institution. So, the institution with its regulative function is expected to be able to complete the less of available religious regulation and to protect the amazing potency of waqf assets. Of course, to carry out this mission needs long period and also strong efforts, mainly everyone who care with this goal and moreover, government. 
Because of that, this article will elaborate this problem, including how to institutionalize and internalize the new institution. Because, the new institution will work effectively while has already passed the process. It means the strategic to do that becomes the essential step to encourage the new institution, namely Waqf as religious institution.
Key word	:	Waqf, Productive paradigm, New institution, Institutionalization, Internalization.
A.	Introduction
In this era, as a religious institution, waqf has a meaning not only to increase the capacity of private-worship to Allah but also to assist the improvement of prosperous society. Moreover, in the middle of recently social problem, as poverty or economic crisis that is in the face of Indonesia, the existence of it becomes strategic to develop. Therefore, historically, the implementation of the sacred charity is always paid serious attention by Ummat Islam.
It is realized that the birth of Regulation Government (PP) number 28 in 1977 about the waqf land in possession, of Islamic Law Compilation (KHI) and of Law (UU) number 41 in 2004 about Waqf with Regulation Government (PP) number 42 in 2006 in respect of carrying out Law (UU) number 41 in 2004 about Waqf indicate that the Government’s attention to this practice is for protecting and developing a potency of the institution. Even, particularly the Law (UU) number 41 in 2004 about Waqf, it is aimed not only for pure-worship and public necessity but also for expanding the affluence of society. In addition, it is considered as essential instrument to raise Muslims’ economic condition. 
To institutionalize, consequently, the spirit of change and of reformation in the law, is required both the established and reliable structure of organization and also professional human resources. That’s why, the established and reliable of that need some effective tools generating strongly to the organization’s system efficiently and dynamically, while professional human resources are required to someone who are capable in creating any innovative and comprehensive concept. Not only that but also have they gotten futuristic and visional managerial skill to anticipate the need and the change.
Nevertheless, the problem obstructing to achieve the aim seems still difficult to be overcome. In view of the fact, performing waqf at the community isn’t based fully on the Law. Even, syafi’iyyah-fiqh minded seems still dominate the practice of waqf. 
The paradoxically circumstance reflects a collide between two strength, namely the change movement, it is The Law of Waqf (UU) number 41 in 2004 and institutionalized practice of charity. It means the productive waqf paradigm included at the positive law should scuffle with the ongoing ummat’s practice. Therefore, to put into practice the ideal aim of The Law, as The Positive Law, the core of issue this article that will be discussed is how to institutionalize productive waqf paradigm for Muslims. 
B.	The Meaning of Productive Waqf
The Law of Waqf number 41 in 2004 with The Government Regulation (PP) number 42 in 2006 is considered as the main starting point to advance the potency of waqf in Indonesia. It means the Law is not only increasing the waqf objects in quantity but also holding up, moving forward the patterns of the productive waqf development in quality. On condition that its attendance will bring positive impact to Muslims in particular and all citizen in general. Based on that, productive waqf paradigm is understood as new paradigm in waqf  in Indonesia.
Appearing the strong presumption that concept of productive waqf actually attends to distinguish between itself and the institutionalized practice of charity. The spirit of its is the renewal spirit. It means the renewal spirit is to perform and to handle the waqf considered by The Government still undeveloped. The potency of the waqf isn’t optimal in sustaining the prosperity of Muslims.
Yet, it is important to explore obviously about the meaning of productive waqf. In order that the meaning of it is more clearly, so, it is vital to investigate it derivatively attached in the two words, namely waqf and productive considered as series of the tools to rectify waqf in practice in Indonesia.
Waqf in etymology has many of meanings, but in general, the word is defined as following:
الوقف هو تحبيس الأصل وتسبيل المنفعة على برأوقربة بحيث يصرف ريعه إلى جهة بر تقربا إلى الله تعالى. 

It means that Waqf is to keep the waqf object and donate its benefits for the good thing. The result of the waqf objects is used to gain closing to Allah SWT (public charity).
Even though, this definition becomes the common guidance in comprehending the meaning of waqf, Fuqaha’, Muslim Scholars, give the various definition in detail depending on their point of view. Consequently, the existence of various thought’s fuqaha’, the view and the practice of waqf in muslim societies don’t uniform. Of course, this condition is acceptable and become beautiful color in the spectrum of thought highlighting the dynamically of ummat’s civilization. It mean that the spread of the differences send out functional values to the process of waqf’s institutionalization in line with the need of historical context. That’s why, in any case that someone listen to waqf word, so they think that it is the shape of charity based on Islamic teaching used for supporting religious activities.
The next word is productive. This word is often understood as adjective indicates something bigger and more usefulness (Departemen Pendidikan Nasional, 2012:1103). From the linguistic meaning, it can be caught that the productive waqf is the shape of charity activities in Islam that is the result of the activities bringing out bigger and more usefulness thing. 
Even, the productive waqf is given meaning as the transformation of the naturally waqf development to the professional waqf development for increasing or adding the usefulness of waqf (Mubarok, 2008:15). The definition of this concept is based on its appearance context, while the waqf practice in Indonesia considered untouch over accelerating the prosperousity of muslim community due to as manager in keeping and developing the waqaf objects, nazhir don’t work intensively yet. In addition, the productive concept in economic prespective is meant as the operation process for producing utmost goods and services with the minimal modal. As the result, it is emphasized that the productive waqf is the process to develop the waqf objects for producing the maximum goods and services with the minimum modal (Mubarok, 2008:16). Because of that, with refer to the definition, development and improvement of the waqf objects performed by nazhir have productive value providing that its implementation oriented to produce goods and services. Then, the result of it is used to attain the aim of waqf not only for gaining personal-worship but also for covering the prosperous public significant.
The paradigm is considered as antithesis from the recent practice of waqf in Indonesia. The new point of view is as an expectation, promising condition that need to implement in reality due to many of the waqf subjects are used just for maintaining and buttressing privat-worship, as building musholla or mosque. Because of that, the constraint should get more serious attention. The educative and enlighten process to ummat should become bridge between the spirit of accelerating private-worship to God and the spirit of both creativity and productivity. In any case the outcome of waqf subjects economically can be used for the fund of advocation in alleviating the daily life burden of the poor or conflict resolution, increasing the women capacity, providing the jobs, realizing the law, building capacity or social research, so the existence of waqaf must play important role and even become strong foundation for the welfare society in common (Hidayat, 2006: xxiv).
Actually, the productive empowerment of waqf have ever been exemplified by The Prophet Muhammad while asked Umar b. Khattab for handing over his land as waqf in Khaibar, little town in Arabic. The land was developed for the public necessity. This point becomes an essential evidence that the substance of waqf teaching is not only to keep in materiel shape of waqf subjects but also to enlarge the usefulness of them for the humanity, even that is necessary to give continually attention. Provided that the commitment is to do so, of course, no waqf subjects is maintained (Muslihun, 2010:11).
Nonetheless, related to perpetually and expediency of waqf subjects, many of muslim scholars, particularly ulama madzhab, have various thought. The clearly discourse include between Syafi’i and Maliki Scholar. Syafi’i’s attention is so dominance to immovable waqf subjects that he gave them to be as main requirement in waqf deed. In addition, Malik Scholar gave meaning to perpetually more natural for the waqf subjects, not only moveble waqf subject but also immovable ones. That’s why, he permitted waqf with whatever goods were, either moveble subjects or immovable ones. Even, he also accepted and allowed waqif, someone who submit the goods for waqf, handed over cash waqf, as money to support empowering waqf productively (Antonio, 2008:iv). The thought is strengthened by Hanafi Scholar allowing someone who doing waqf with dinar and dirham (Fatwa MUI, 2007:10).
The controversy has consequence in both understanding and practicing of waqf accordance with madzhab followers. In Indonesia, the majority of them are Syafiiyah. Therefore, to rectify the new waqf paradigm, it is relevant to integrate the various thought in some of madzhab in a compilation. But, for this ideal intention, we should do more.
C.	Aspects and Priciples of  The New Waqf Paradigm
To map aspects and principles totally is expected to strengthen the concept of productive waqf. On account of the fact that investigating the basic of aspects and principles of it become an main assignment.
Junaidi remarked (2008:65-126) that aspects and principles of it consists of : (1) renewal and reformulation of waqf understanding; (2) professional and developmental management system; (3) developmental human resources system; (4) waqf recruitment system. Then, principles of it comprise the following: (1) perpetually usefulness principle; (2) responsible principle; (3) professional management principle; (4) social justice principle.
To describe the topic above, Junaidi explained in detail and clearly. According to him, renewal and reformulation of waqf understanding must be done firstly. He has reason that the religious behavior of ummat in waqf deed in the frame of Syafi’i thought implicate to appear an acute crisis in boosting the perpetually and expediency of waqf subjects. This view is strengthened while the pledge of endowment is in performing. In this circumstance, the Syafi’i’s thought fully dominate. In addition, the concept of single-hearted sometimes negates the series of systematical administrative procedures. Contradictly, the administrative procedure elaborates and follows up the single-hearted concept. It means that activating the single-hearted should be all in one with the administrative system. Because, the arrangement of administrative system will protect continuously the existence of waqf subjects in the future. In addition, this step done is for anticipating the change condition. Because, at present, many of waqf subjects disappear and become conflict object between nazhir and heir due to no legal document, as the land owner’s certificate. 
In view of the fact that, the serious efforts to inform this idea, mainly related to: the certificate of waqf land, the interchange of waqf subjects, managerial skill of nazhir, the pledge of waqf directing to the public shape, not the special or private one, the requirement of nazhir, the empowerment, development and coach to the nazhir. All the points above need to frame as ideal package for enlarging and optimizing the potency of waqf. 
The other important point is the professional and developmental management system. Djunaidi affirmed that this system is crucial element for directing to develop and to boost the effectiveness of waqf subject. Therefore, the attendance of the new law of waqf in 2004 expected will generate all the energy stimulating the various efforts in adding usefulness waqf without omitting the being of waqf subjects. Of course, the efforts are different from the before that is snaring sturdily on everlasting of waqf subjects. It is famous with the consumptive-traditionalist waqf empowerment system.
Subsequently, to bridge the professional and modern management system in enlarging waqf, crucial aspects need to pay attention are related to the institution, financial system, and operational empowerment. With the creativities and hard efforts, the old management with the consumptive-traditionalist type will change gradually.
The following point is the human resources management system, predominantly nazhir and waqif recruitment. It is common sense, in any case the system involve the professional and dependable nazhir, so their work will influence to implement recruiting the  new waqif. As the result, the expand of waqf subjects in quantity will raise more and more. But, to gain this condition, the firstly, the capacity of the nazhir should be modified accordance with the challenge. The modified capacity is not only at cognitive and affective domain but also physicomotoric one. It means that the knowledge how to improve the skill is so important, but to add skill with practicing and how to solve the problem in the field directly should be given attention, too. So, one of the ways to put on the idea, the series of systematically steps must be done, as with education, either formal, informal or non-formal education.
Based on the description above, Antonio (2008:v-vi) classifies the period of waqf in practice in to three phases. Firstly is traditional phase. The characteristic of this phase is signed with the only privat-worship goal in the practice of waqf. The only aim of this deed is just for pure worship to The God, Allah SWT. Because of it, we know easily that the shape of waqf subjects is in the sake of a building physically, as mosque, mushalla, Islamic boarding house etc. Secondly is semi-professional phase. This one is different from the firstly. The waqf’s potency have been explored productively, though not maximal. Example, the mosque building at the strategic place, on the wasteland, it is built the mini-market or mini store building. The improvement like this, we can find at Sunda Kelapa Mosque Jakarta. Ni’matul Ittihad Mosque Pondok Pinang Jakarta, etc.
In addition, the waqf farmlands are intensified to obtain more, as paddy or corn, etc. Including the improvement in this scop, mini-stores were built and the result financially to fund for the sake of both mosque and education institution. Some examples, at Islamic Boarding House as Salam Gontor Ponorogo and Waqf Fondation Sultan Agung Semarang. 
The thirdly is professional phase. This phase is signed with the professional empowerment. It means all standards of this scope should be fulfilled in action.  The requirements are the implementation of modern management, dependable human resources (nazhir and waqif), the variety of waqf subjects, not only immovable good but also movable good as money, gold, etc.
Afterwards, Antonio insisted that the professional waqf improvement is for the sake of prosperousity in society, particularly ummat Islam. Because, some of the poors in Indonesia are Muslims. According to economically average, the grade of the muslim’s economic is on the marginal position. With the reason, to optimize the acceleration of waqf empowerment, the lofty ideal should be supported by all elements ummat with using the main instrument from The Government, as The Positive Law.
Based on the series of description above, the coming of the new waqf paradigm is due to the appear of both internal and external factors. The external factors is the wave of progressivity in waqf transformation in the other countries, particularly in the middle east countries. In these countries, the waqf subjects are expanded so effectively. The support of professional human resources and the high capacity in skill of management, they have mission that the waqf charity appearing as the giant power that is very dependable in the view of economic values. 
On the other side, the internal factors, the advancement in our country, Indonesia. The wave of ummat’s consciousness to find out the source of fund from the Islamic charity, mainly in waqf subjects. According to the data from the Religious Ministery Affairs, in 2012, registered that totally the large of waqfland area is 3.492.045.373, 754 m2 . it is same as five times the land area of Singapura. The giant asset has account in rupiah same as Rp. 590 triliyun. It is amazing (Najib.A and Ridwan al-Makassary, 2006:12). The amazing assets, its potency isn’t developed maximally, but the majority of them is just for private-ritual worship. Even, some of them change their ownership status. With this reason, in 2004, The Government launched the law of Waqf.
By The Government, this momentum becomes the peak of action to set up the new paradigm in developing the productive waqf. Because the spirit and the content of the Law give protecting in the view of legal formal for developing and making productive action in the waqf. Even, many of  scholars actively support with their ideas to accomplish concepts and theories in developing the religious assets.
Nevertheless, in reality, the implementation of it in the society, the doers receiving this new paradigm aren’t in uniform. The only have they the skillful and competent human resources in the field of waqf management and of the syari’ah economics, as Dompet Dhuafa, and some of BAZIS and LAZIS (Islamic Charity Institution in Indonesia) (Abu Bakar dan Chaidar S. Bamualim (ed), 2006:132). But, the majority isn’t walking and moving with the spirit of the change.
This condition can happen because the requirements of the new paradigm aren’t balance with the doers’s capacity of the waqf. The balance means that the competence to understand the cognitive mission and action. The cognitive mission is as basic to transform knowledge and comprehension. On other side that the practice mission is as basic to change and to increase the skill personal and institution in practice, including to develop the economical-geographical value in the frame of the economical creativity. 
Consequently, up to now, it is acceptable that the progress of the productive waqf movement is far from the ideal. That is still few found the result of waqf supporting the initiatives to transform the marginal and weak society. Moreover, it is to revamp and to advocate the social justice. Although, it have been support the shape of the cash waqf that have introduced in the waqf Law. It means that is based on the fact, in the frame of the society development, the various social researches must be done in the varieties of dimensions. 

D.	Waqf Institution in Sociology Perspective
Waqf institution has two words. But here, I will focus on the second word, institution. Actually, in etymology, this word has some of meanings. It is meant that it is same as organization aiming to perform knowledge research or to carry out some business. The next meaning, It is considered as established human’s behavior type, contains of the social interaction in the frame of relevant values (Departemen Pendidikan Nasional, 2012:808).
The two meaning seems that those have different connotation. The first meaning refers to the concrete good, namely an organization. On the other side, the second meaning is more close to sociology concept referring to the established human’s behavior type.
In the Law of Waqf, it is stated that waqf institution as pranata keagamaan. The confession is to reinforce that it is as important thing in the social interaction or community. Even, Soekandar (1989:77) declared that pranata keagamaan is one of social institutions. It is needen to cover society’s necessity. Therefore, as an primer institution, its attendance will be always dynamic with the change of the society’s requisition. 
Syahrial and Rusdiyanta (2009:70) remarked that social institution concept has some meanings at the accordance to the Sociology Scholars. Koentjoroningrat stated that pranata sosial is the behavior system and connection focusing at the activities to fulfill various special needs in the society life. Then, Soerjono Soekanto had defined that it was a unification of norms from whatever are stratifications focusing on the main necessity in the society life. On the other view, Horton and Hunt gave a meaning that it was a norms system to gain important goal and activities for the society. On the other term, social institution is the organized connection system elaborating the variety of values with the general procedure regulating and covering the main society’s activities.
Based on the definitions, the foremost elements of the social institution must be in the shape of: firstly, the series of norms relating depending and influencing the each other. The next point, they are able to be shaped, defended and changed to make adaption with the need. As the result, for the regulation related to connection between the members of society is running well. The last, for creating the orderliness in the whole socisty (Syahrial dan Rusdiyanta, 2009:71-72). Based on the explain above, in short term, social institution is the construction from the series of the role and the organized behaviour’s regulation (Hermawan. A.M, 2010:2015).
Considering the meaning, basically, the social institution has function to give guidance at the society, how to behavior or has attitude in the face of the society’s problem. It also give direction to society to perform the social control for keeping the unity of society (Soejono. S, 1999:219).
On the discussion context, the attendance of the Waqf Law with its new paradigm can be considered as the new waqf institution in our state. It has agenda that to do the change and reformulate the established waqf institution in our society. Of course, to implement this movement, the first step is to know in detail about the ongoing and established waqf institution and then to identify the connection of both. 
If recognizing the new aspect of the productive waqf, in general, actually, the Muslims consider that the waqf charity is the religious matter. For the reason, at the religious activities, they are depend to who teach them. In Indonesia, the majority is the follower of Syafi’i in fiqh. As if there is indication that the minimize of the waqf subjects’s productifity for the prosperous society is due to ummat is still in trap with the syafiiyah’s thought. So, the solution is to change the Syafiyyah’s mindset to the other thought. 
For some of Muslims, this argument is reasonable. But for the fanatic Syafi’iyah’s followers, that is something difficult to receive. Moreover, the renewal of waqf development with the modern management approach and also building the professionalism of nazhir in developing the waqf subjects, for them, the position of Kyai or Ulama’ has high place. Not only the religious teaching but also the personal problem, they are as the main reference. Moreover, about waqf, this matter is one of Islam teaching, so that no alternative to submit the matter is except to them. Because, they are considered that they are have competency about Islam teaching though they don’t have skill in management. 
The second point might be more soft resistance in compared with the first. With the contradictive reasoning, bottom-up type is more effective than the top-down one. The one of ways in the model is with strengthening a local institution. There were some reasons to initiate this type. The firstly, the local institution grows and develops in the daily society life. On the other side, its existence is established for a long time ago. The secondly, the established institution have been examanized historically to respond the change of the milieu, either natural or social. The thirdly, the content of the Institution is so strong that guarantee the activities together (Soetomo, 2011:116).
Strengthening to local institution keeps distance with the modern’s view type that always collide between modern and traditional. We often hear that to modernize the society, the first requisite is to erase the local tradition. But, the local institution’s strengthen type isn’t like that. The type place the local tradition and culture as a main capital for the change of process. On the other side, the new elements from the outside adapt with the local elements and dynamic local system. With keeping the local elements, the integration of both can produce the hopeful change rectified by the local institution (Soetomo, 2011:131).
Therefore, the change actually needs the time. Because, the change of paradigm will success easily, if it has passed a institutionalization and internalization. If no capacity to pass the both process, the series of the new norms will be just known by the society. They aren’t obeyed yet by them, moreover respected to be a part of their necessity. 
With the reason, the main steps to do the institutionalization and internalization process are following:
Accelerate to formulize BWI in regency. The step is so important that the problem related to the waqf will be handled quickly.
Do the waqf research to know more about the waqf’s problem in the society, particularly in village area. With these efforts, the institutionalization process will run effectively.

Comment from reviewer:
•	there are not respond or impact the new waqf institution for society
•	Less explaination of the function of the new waqf institution 

E.	Conclusion
Based on the description on the topic and the analysis above, it is concluded that the attendance of the waqf Law number 41 in 2004 have stepped over a long process. The dialogic atmosphere between the arrangement of ideal-formal concepts and the ongoing practice in reality emerges many of new problems requiring some creative and critical thought and also any fit policies directing to institutionalize the productive waqf in Indonesia.
Because, in the fact, not all nazhir or waqif approve the new paradigm with all their heart. As if they slept soundly. This condition is different from some institutions that have had many skillful human resources, as Dompet Dhuafa’. They are enthusiastic to meet the paradigm and the regulation with creating many various productive programs in waqf.
Of course, it is understandable, because in fact, there are different setting not only geographical area but also availability of human resources. In general, the majority of Muslims feel to have their institution that they perform for a long time. Even, they consider that it is still capable to cover their needs. This circumstance becomes the main challenge to implement the productive waqf. Therefore, in order that the productive waqf paradigm can be received easily by them, so, stakeholders should think deeply to observe the potency of local institution that can be a hole to insert the idea for developing and optimizing the waqf subjects.
Bacause of that, with this writing, I affirm extremely the necessity of doing intensive social research. Consequently, the result of it can be a main data for rectifying the productive waqf movement.

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