ANALISIS MAQASID ASY-SYARIʻAH TERHADAP PENGEMBANGAN WAKAF DI PONDOK PESANTREN WALI SONGO NGABAR PONOROGO

M. Roem Syibly, NIM.: 1430316006 (2021) ANALISIS MAQASID ASY-SYARIʻAH TERHADAP PENGEMBANGAN WAKAF DI PONDOK PESANTREN WALI SONGO NGABAR PONOROGO. Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Pondok Pesantren Wali Songo (PPWS) Ngabar Ponorogo has been implementing economic independence as of one of its missions, spirit, and educational goals to train students to be independent and selfemployed. The entrepreneurial practice has been manifested in the economic development of pesantren by managing waqf assets as the primary economic capital. All pesantren operations are financed by the profit derived from the management of waqf assets in some business units. Initial waqf assets are preserved as the capital of nadhir (beneficiary) legality which is utilized in the form of services. Interestingly, the productivity of economic development is not from the initial waqf assets, but from the results of the beneficiary’s business profit which in total is recognized as the waqf assets of the pesantren, with waqif (a person who does waqf) from the nadhir members themselves. Nadhir who initially consisted of a group of people appointed by the waqif then was institutionalized in the form of a foundation under the name of Majlis Riyasati Ma’had, an institution within the organizational structure of PPWS Ngabar, which becomes the highest institution responsible for the continuity of the pesantren in realizing the purpose of waqf according to the mandate of the waqif, as well as indicates that PPWS Ngabar is a waqf boarding school. However, some of the waqf assets development practices at PPWS Ngabar has resulted in academic problems. The waqf assets is not developed from the initial waqf assets mandated by waqif, but there is an acknowledgment that of all pesantren assets serve as waqf assets, and nadhir members as waqif on nadhir’s business assets. On the basis of this problem, an in-depth study is needed in the perspective of Islamic law from the point of view of maqāsid waqf and maqāsid sharīʻah by Jasser Auda’s approach, because Auda offers the development of contemporary Islamic law that is oriented for the sake of the wider community. This study focuses on the practice of developing waqf in terms of maqasid waqf and maqasid shariʻah of Jasser Auda with the aim of explaining and analyzing the range of maqāsid to the practice of developing waqf assets which are practically developed with the current model. This is a field research with the approach of maqaṣid shariʻah of Jasser Auda. Primary data were selected purposively, then analyzed by using qualitative data analysis by Miles and Huberman models. The results of this study explain that the waqf assets at PPWS Ngabar are developed by the managing waqf assets to ensure the productivity of assets for the benefits of pesantren. Hence, as seen from the maqāsid point of view, the purpose of the waqf has been fulfilled, in that the initial waqf assets are directed at the productivity for the benefits of pesantren services. Doing this management will eternally preserve the initial waqf assets. Meanwhile, the economic gain of waqf assets is resulted from nadhir’s business units. The two developments of the assets are interrelated and inseparable, which support the service and economic benefits of the initial waqf assets simultaneously. The institutionalization of nadhir in the form of a foundation has developed nadhir as waqif, and the recognition of all pesantren assets as waqf assets is seen as more beneficial and avoids harm. The arūriyāt level on the development of waqf is in the category of protecting property (ḥifẓ al-māl), paying attention to economic development and growth, and supporting social welfare. The practice of developing waqf assets in PPWS Ngabar still preserves the initial maqāsid waqf, but like the Auda paradigm, the waqf in PPWS Ngabar also has a productive profit gain orientation that for the sake of the wider community, as indicated by the achievement of waqf goals and expanding its benefits to the economy of the community surrounding the pesantren. The practice of developing waqf assets at PPWS Ngabar cannot be analyzed partially because the cause and effect are correlated. This will go against the perspective of classical waqf fiqh. Thus, analyzing it with the Auda system approach will reveal that the practice of gaining profit through waqf assets in PPWS Ngabar has met the legal ground, and has met the maqāsid waqf and maqasid shariʻah. Theoretically, this research contributes to the reach of maqasid shariʻah, especially based on the Jasser Auda’s approach to the practice of developing waqf assets which has been practically applied with a contemporary model that leads to productivity and benefits for the wider community. This research reveales the necessity to redefine nadhir and the conditions that support it to ensure that it is in accordance with the meaning of productive waqf assets which has become the spirit of the waqf law in Indonesia.

Item Type: Thesis (Doctoral)
Additional Information: Promotor : Prof. Dr. H. Abd. Salam Arief, M.A. dan Dr. Mokhammad Tantowi, M.Si
Uncontrolled Keywords: PPWS Ngabar; kemandirian pesantren; harta wakaf; waqf; wakaf produktif
Subjects: Hukum Islam
Wakaf
Divisions: Pascasarjana > Disertasi > Study Islam
Depositing User: Muchti Nurhidaya [muchti.nurhidaya@uin-suka.ac.id]
Date Deposited: 20 Jan 2022 14:57
Last Modified: 20 Jan 2022 14:57
URI: http://digilib.uin-suka.ac.id/id/eprint/48752

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