وقف النقود لتمويل مؤسسة ACT الإغاثية في إندونيسيا : دراسة فقهية تحليلية

Abstract

This study aimed to examine the reality of cash waqf in Islamic Jurisprudence, explain the ACT Foundation, its history and role in Indonesian society and reveal the phenomenon of cash waqf/cash endowment in Indonesia to finance the ACT Foundation. In addition, to disclose the methods and controls for investing cash waqf in the ACT Foundation and confirming its accordance with Islamic Jurisprudence and presenting issues related to cash waqf and highlighting the proper solutions to fund the ACT Foundation. This research attempted to answer the two main questions: Firstly; the nature of cash waqf, its role in financing the relief institution and operating its activities in accordance with Islamic Jurisprudence. Secondly; The method of investing the cash waqf and the nature of the contract between the foundation and the donors to achieve the beneficiaries’ benefits. The researcher used the inductive approach in order to deal with the information, data, and details regarding the cash waqf and the opinions of Islamic jurists on its legality, provisions, methods of investing and investment controls at the Foundation to provide for its needs in operating its relief activities, as well as the analytical approach by analyzing the issue of cash waqf in the ACT Foundation, methods and control of its investment in all its legitimate and legal aspects. The researcher adopted the field study in order to reveal information through an interview with the Director of Research and Development to confirm the legal procedures, as well as an interview with the Director of Research and Digital Transformation of the Indonesian Endowment Authority (BWI). As a result, the researcher has arrived at some valuable results. The institution used high-risk investment to develop cash waqf assets. Furthermore, all the procedures in the investments are based mostly on the process of substitution (istibdal) from cash waqf to other forms of waqf. All of these investments are managed based on sharia regulation. The study recommended that the ACT Foundation and other humanitarian organizations conduct a feasibility study for the investment of cash in waqf, so that waqf property is not ruined or lost. It is hoped that it will continue to provide the benefits of waqf for mauquf alai.