Abstract
Purpose
This study was conducted to determine land development and management waqf in the Lamsiteh sub-district, and the impact of its use on improving the welfare of the village community. Land Waqf in Aceh Province has gained huge attention in Indonesia because Aceh is the largest land waqf in Indonesia, covering an area of 9,508.25 Ha. Lamsiteh sub-district has land waqf managed by Baitul Mal Aceh (BMA) as nazhir. Therefore, it is vital to analyze the management, outcome and impact of the land waqf towards the comunity.
Design/methodology/approach
This research was conducted qualitatively with observation, interview and documentation procedures compiled through the data reduction stage, presentation and drawing conclusions. The welfare of the village community was measured by using Maqashid Syariah indicators. Post-interview fact-finding was conducted with waqf experts from Baitul Mal Aceh to reach a more in-depth understanding about waqf issues.
Findings
Based on the results of the study, it shows that the management of productive waqf of rice fields is carried out with a profit-sharing system Ijarah and Mukhabarah. The allocation of waqf results is still intended for consumptive dan religion purposes (Hifzul Ad-Din) so it is not fully optimal in improving community welfare. In fact, there are many solutions offered, including intertwining partnerships with stakeholders to be able to finance management and empowerment waqf land, professional nazirs in managing productive waqf, and improving community welfare with comprehensive Maqashid Syari'ah are something that are still relevant to discuss.
Research limitations/implications
This research restricts the population of Lamsiteh sub-district community, Darul Imarah Regency, Aceh Besar.
Originality/value
This study is original in nature; there is no previous study that addresses the development and management waqf in the Lamsiteh sub-district. Hence, this study presents precious information for policy makers, practitioners and researchers.
Keywords:
Waqf, Empowerment, Management, Welfare.
INTRODUCTION
Waqf is an important instrument in supporting the economy of the people in Islam. Waqf is a unity in increasing worship and social concern for fellow human beings. Throughout Islamic history, waqf has played an important role in the development of social, economic, and cultural activities. Waqf was developed as a social security tool and has been proven to help the socially disadvantaged. Helping to meet the needs of life in the form of health, old age benefits, social assistance, education, and others (Suryadi & Yusnelly, 2019)
Looking at the global agenda created by world leaders in the Sustainable Development Goals (SDGs) as a driver of the development agenda after 2015 to 2030, the approach and framework are very much in line with the spirit underlying the maqasid sharia in waqf. The SDGs framework provides an opportunity for waqf stakeholders to demonstrate the relevance of waqf to the international world by contextualizing the orientation and approach of waqf to meet international needs. By integrating the SDGs and Maqasid, this development can be implemented. This program relies heavily on the contribution of the philanthropic sector. This is where waqf can serve as an effective tool to achieve common goals, such as the SDGs and maqasid sharia (Abdullah, 2018). With the SDGs prioritizing food security, the implementation of productive waqf land in Indonesia is certainly very much in line with the world development agenda.
In Indonesia as a country, the potential for land waqf is very large, proven by the fact that currently there are approximately 440,512 locations of land waqf that have been recorded with a land area of 57,263.69 Ha. With details of mosques 43.51 percent, prayer rooms 27.90 percent, schools 10.77 percent, graves 4.10 percent, Islamic boarding schools 4.11 percent and other social 9.37 percent with the amount of certified land waqf of 57.42 percent (Sistem Informasi Wakaf, 2024). From the data, Aceh province is the largest in Indonesia, which is 9,508.25 Ha and has great potential in improving people's welfare if the land can be maximally productive.
The welfare of the people can be achieved if the waqf land is managed optimally and productively. Waqf in Indonesia is generally in the form of land. There are several models of waqf land management to make it productive, one of which is by managing it as agricultural land. Islam itself recommends farming (Rahman, 2020).
The Waqf Regulation in Aceh is compiled in Aceh Qanun number 10 of 2018 which explains in detail regarding zakat, infaq, waqf, and other religious assets that are guarded, developed and managed by Baitul Mal Institution (BMA). Baitul mal, a place for managing social funds including waqf, has become the axis of Islamic civilization (Darmawan & Nurdin, 2020). The following is data on waqf land in Aceh managed by Baitul Mal Aceh.
Table 1 Total Area and Value of Village Waqf Assets managed by Baitul Mal Aceh
No
Description
Status
Hamlet
Village
Year
Wide
Asset Value
1. Waqf Land
Waqf
Ujong Karueng
Ladong
2008
8,994 m2
Rp. 1,200,000,000,-
2. Religious Treasures
Harta Agama
Ujong Karueng
Ladong
2008
40,869 m2
Rp. 5,721,000,000,-
3. Baitul Mal Endowment
Waqf
Kota Cot Bak Garot
Lamsiteh
1990
417 m2
Rp. 145,950,000,-
4. Baitul Mal Endowment
Waqf
Kota Cot Bak Garot
Lamsiteh
1990
1,700 m2
Rp. 595,000,000,-
5. Baitul Mal Endowment
Waqf
Kota Cot Bak Garot
Lamsiteh
1990
2,660 m2
Rp. 931,000,000,-
6. Kajhu Endowment
Waqf
-
Kajhu
2020
889 m2
Rp. 311,000,000,-
7. Lambada Lhok Endowment
Waqf
Blang Panyang
Lambada Lhok
2020
500 m2
Rp. 75,000,000,-
Amount
56,029 m2
Rp8,978,950,000,-
Source: Survey results of the Endowment and Guardianship Sub-Division, 2021
The data in Table 1.1 shows that the assets managed by Baitul Mal Aceh are 56,029 m2 with lands spread across seven locations. Two points in Ladong Village, three points in Lamsiteh Village, one point in Kajhu Village, and one point in Lambada Lhok Village. If observed further, Lamsiteh Village has three waqf land positions with quite large asset values.
Based on this background, the author is interested in researching the "Analysis of Waqf Land Empowerment in Realizing Community Welfare in Lamsiteh Village, Aceh Besar Regency". The researcher is interested in analyzing the strategy of waqf management in Lamsiteh Village, its results and impacts on the Lamsiteh village community.
LITERATURE REVIEW
Theory of Waqf
In terms of language, waqf comes from the Arabic word woqofa-yaqifu-waqfa which means to hesitate, stop, show, pay attention, place, say, serve, understand, prevent, hold, and remain standing (Mughniyah, 2007).
In terms of terminology, the word Al-Waqf is a form of the phrase waqfu al-syaik which means to hold something. In the general sense, waqf is a gift whose implementation is carried out by holding (ownership) of the original (tahbisul ashli), then making its benefits apply to the public. Tahbisul ashli is holding the waqf item so that it is not inherited, rented and pawned to others. The way to utilize it is by using it according to the wishes of the waqf giver (wakif) without compensation (Suryadi & Yusnelly, 2019).
The legal basis for waqf is taken from the Koran and Hadith. In the Al-Quran it is not mentioned in detail, but there is a recommendation to give charity and give wealth to the path of Allah which is the guideline for waqf. As in Surah Ali Imran verse 92:
“You will never reach (perfect) virtue until you spend some of the wealth you love and whatever you earn, Allah knows."
Hamka (2015) explains that a person has not reached the level of "virtue" if they have not invested in the wealth they love, or made waqf. A friend of Rasulullah SAW, Abu Thalhah, when he heard this verse was revealed, immediately gave charity to the Bayruha date palm garden which he loved so much to get goodness as well as a deposit in the sight of Allah. So the Messenger of Allah told him to give it to his relatives. Therefore, this verse is used as a guideline for the implementation of waqf.
There is also a hadith in the book At-Tirmizi number 1296 about a plot of land in Khaibar belonging to Umar bin Khatab which was eventually given to charity by holding back the land and giving the proceeds in charity. The description of almsgiving in the hadith is like almsgiving, where the rewards from the waqf assets continue to flow when the assets continue to be used for good. Then this practice was followed by other friends such as Anas bin Malik Abdullah bin Umar, Zubair bin Awwam and Aisyah, the wife of Rasulullah SAW (Direktorat Pemberdayaan Wakaf, 2006).
In implementing waqf, of course there are pillars and conditions for waqf so that it can be implemented properly. Waqf is declared legal if the terms and conditions are met. There are four pillars of waqf:
1. Waqif is a person who donates property.
2. Mauquf Bih, namely objects or goods that are donated.
3. Mauquf ‘Alaih namely the party who is given the endowment/makes it an endowment.
4. Shigat namely a statement or pledge of the wakif as a will to donate part of his property (Syamsul, 2022).
Management of Waqf
Until now, the waqf system in Indonesia is still less effective. As a result, many waqf assets are not managed properly, and some are even lost. One reason is that most people generally only donate land and school buildings, while the waqif does not consider the operational costs of the school and the nazhir is not professional. Therefore, research on waqf empowerment is very important. Because not all waqf land is managed productively, so that waqf plays a less important role in empowering the economy of the people in Indonesia. To overcome this problem, waqf must be managed productively using contemporary management.(Munir, 2015).
With the rapid development of science on waqf, various models of waqf empowerment have emerged and we can implement them to maximize them. Among these models of waqf empowerment guidelines are:(Ministry of Religion of the Republic of Indonesia, 2013):
a) Murabahah Financing Model.
This method makes it easier for nazhir to buy goods to manage the land such as hoes, fertilizers, seeds, because the murabahah contract provides financing in banks or other financing to help him. After getting the results from the purchase of goods, it can be paid back.
b) Istisna' Financing Model
In this model, the nazir orders the goods needed for the development of the waqf to a bank or financial institution, which then makes a contract with a contractor to fulfill the waqf property manager's order. Payment can be made in advance, in installments, or at the end.
c) Ijarah Model
This financing model uses the ijarah model where the waqf asset manager has full control over the management of the project. In its implementation, the waqf asset manager grants a permit valid for several years only to the fund provider to build a building on the waqf land. Then the nazir rents the building which at that time belongs to the fund provider for the continuity of the waqf management and the nazir pays rent to the fund provider for the construction of the building periodically.
d) Mudharabah Financing Model
In the mudarabah financing model, capital is given to people who trade and the capital owner gets a percentage of the profits that can be in accordance with the convention. On the other hand, when the business he runs loses not due to the negligence of the manager, then all of it becomes the responsibility of the capital owner, but if the loss is caused by the negligence of the manager, then all of the losses become the responsibility of the manager.
e) Financing Models of Musaqah, Muzara'ah and Mukhabarah.
This model is used as financing for land such as rice fields, plantations, or fields. In this model, both parties cooperate to maintain plants, such as weeding, irrigation, and harvesting with available equipment. The harvest will be divided according to agreement.
The muzaraah financing model is a collaboration between capital owners and farmers. The seeds planted are provided by the landowner. While the mukhabarah model seeds come from the agricultural land manager.
Welfare in the Perspective of Maqashid Syari'ah
According to Indonesian Law No. 11 of 2009 concerning Social Welfare, social welfare is when a person's material, spiritual, and social needs are met by the state to have a decent life and the ability to develop so that they can carry out their social functions.
In Islam, according to the concept of welfare from Imam Syatibi in the book Almuwafaqat fi Usul al-Fiqh, there are three levels of needs that must be met in order to achieve human welfare: dharuriyat, hajiyat, and tahsiniyat. Dharuriyat needs are basic needs, hajiyat are secondary needs that if not met do not cause harm. Meanwhile, tahsiniyat are additional needs that do not cause difficulties if not met, because they only function as a complement. ThereforeThe indicators or principles of welfare that must be considered for welfare are the Dharuriyat needs, namely that every human being must maintain his maqashid syari'ah, which includes several important aspects. Maqashid syari'ah, or the objectives of sharia, focus on protecting and maintaining the five main elements in human life.(Chapra, 2008), that is:
Table 2 Welfare Indicators According to Maqasid Syari'ah
No
Objective
Indicator
1. Hifdhu Ad-din
Maintaining one's religious beliefs and practices, respecting each other, Amar makruf nahi ungkar.
2. Hifdhu An-nafs
Honor, self-respect, social equality, justice, spiritual/spiritual, moral improvement, freedom, education, good governance, security of life and property.
3. Hifdhu Al-‘Aql
Prevention of things that impair reason, proper upbringing, high quality education, freedom of opinion and expression, finances.
4. Hifdhu An-Nasl
Moral and worldly education, social solidarity, healthy environment, fulfillment of needs.
5. Hifdhu Al-Mal
Financial management which includes family income and expenses, employment opportunities, the obligation to pay zakat, carry out charitable deeds such as alms, charity and endowments.
Source: Chapra (2008)
RESEARCH METHODS
This study uses qualitative research. This qualitative research does not use statistics, but uses data which is then analyzed using word descriptions and interpreted (Anggito, 2018).
This type of qualitative research uses a descriptive method, where researchers will describe objects, phenomena or social settings that will be described in narrative form. Descriptive methods tend to use analysis. This method often highlights the perspective of the subject, the process and the meaning of the research by using theoretical foundations as a supporting umbrella to match the facts in the field (Fiantika, 2022).
Research Location
This research is located in Lamsiteh Village, Aceh Besar. The researcher examines the strategy of waqf land management and also tries to describe the condition of the community during receiving waqf benefits based on maqashid sharia indicators.
Data Collection Sources and Techniques
Data sources are the origin of data obtained for research so that the truth or otherwise of the data obtained can be tested. The data sources for this study are: Primary data through direct interviews with predetermined objects and secondary data taken from written sources such as previous journals, books, and other literature related to the empowerment of waqf in a village (Sugiyono, 2012).
In this qualitative research, researchers collect the necessary data using several methods, namely: Interviews, Documentation, and Observation (Zuriah, 2009). The data was obtained from Lamsiteh Village, Aceh Besar.
Data Analysis Techniques
This research is a qualitative research that analyzes and describes the results of the informants. Data analysis techniques in this study use data reduction techniques, data presentation, drawing conclusions.
FINDINGS
Results
Lamsiteh Village is one of the villages included in the Lamreung Settlement, Darul Imarah District, Aceh Besar Regency, Aceh Province.(BPS Aceh Besar, 2023). Regarding the history of the development of Lamsiteh Village, according to several residents, the village was established several years ago (before 1920). Lamsiteh Village is about 3 km from the center of the District, where the area of Lamsiteh Village is approximately 56 Ha consisting of 28 Ha of rice fields and 25 Ha of non-rice fields.
The village area is divided into three hamlet areas, Teungku Syiek Dipirak, Teungku Syiek Diulim, and Cot Bak Garot Hamlet. The majority of the population works in agriculture, animal husbandry and a small portion are traders and civil servants in government offices. There is a local economy in Lamsiteh Village such as grocery stores, home industries, coffee shops, and several other businesses, as well as available infrastructure such asmosque, Keuchik Office, Kindergarten and other important buildings in the village. The number of Family Cards in Lamsiteh Village is 1556 KK (BPS Aceh Besar, 2023).
The results show that in Lamsiteh Village there are 6 waqf lands. These waqf lands are used for different types. 3 of the waqf lands are used for farming and public graves. While the 3 consist of 1 rice field that can be cultivated and 2 lands that have been built houses and shophouses for rent.
From the data of Baitul Mal Aceh, Baitul Mal's rice fields initially had three places of waqf land obtained from the results of the Lhongraya waqf exchange / istibdal in 1990. It was istibdal by Baitul Mal Aceh because the land would be used as the Lhongraya stadium. However, after the tsunami in Aceh in 2004, the Keuchik of Lamsiteh village at that time carried out istibdal waqf land in Lamsiteh Village measuring 1,700 M2 to Blangkiree Village on the grounds of building barracks for victims of the Aceh tsunami.
The waqf rice fields managed by Baitul Mal Aceh in Lamsiteh Village are cultivated by underprivileged villagers, so that the waqf land can have a positive impact on underprivileged villagers. The empowerment mechanism for waqf rice fields in Lamsiteh Village is then managed with a cooperation system between land owners and farmers with a mukhabarah agreement. In this case, the village provides waqf rice fields to be managed, while the seed capital that is planted comes from the cultivator. The management process is known as the mukhabarah system with 3 parts, 2 parts for the manager and 1 part for sharpening. Meanwhile, the waqf land that is built on houses and shophouses is rented to people outside the village with the Ijarah system.
The Impact of Productive Waqf Management in Improving Community Welfaret Village
Empowerment of waqf land from the agricultural sector has been managed for a long time. Based on the results of the financial report of Lamsiteh Village, it was found that the income for the village from waqf land after sharing the results with the cultivators in 2023 was IDR 1,525,000. Of course, this result is not fixed per year, it will change depending on the weather and water conditions in the village. While the rental income from houses and shophouses can reach IDR 56,000,000 per year.
The impact of this result is certainly very good for the village community. Especially the farmers who get a share of the results of their work on the waqf land. Another impact is also on the empowerment of the mosque which also uses the results of the waqf.
Discussion
Empowerment of waqf in Islam is very important, in addition to having to be sourced from Islamic teachings, its management must also have the aim of realizing waqf assets that can be utilized and developed. Thus, the results of the empowerment of waqf land can be used in various activities of da'wah, social, health, and community education as well as to strengthen the economy for the welfare of the community.
Based on the research results that have been obtained, the author analyzes two things:
1. Rice field management strategies in Lamsiteh Village, Aceh Besar.
2. The impact of rice field management in Lamsiteh Village on the community.
The waqf land management model in Lamsiteh Village has been explained previously, namely using the Mukhabarah contract for rice field management and the Ijarah contract for renting houses and shophouses. More details can be seen in the following picture:
Based on the chart above, it can be seen that the results of the waqf can increase the income of the cultivators related to improving their welfare. However, unfortunately for the entire community in Lamsiteh Village, the use of this waqf land can only be felt through a place of worship, namely the mosque.
In Islam, for realizing the welfare of society, dharuriyat interests must be fulfilled. These interests must be in accordance with the indicators of maqashid sharia, namely Hifzu Ad-Din (Protecting religion), Hifzu An_Nafs (Protecting the soul), Hifzu Al-'Aql (Protecting reason), Hifzu An-Nasl (Protecting descendants), and Hifzu Al-Mal (Protecting property).
1. Hifzu Ad-Din (Protecting religion)
Imam Al-Ghazali stated that happiness and tranquility can be achieved through appreciation of Islam through faith and piety, understanding the creed and strengthening knowledge.
Based on the practice of waqf distribution in Lamsiteh Village, mosque becomes the object of waqf so that the village’s mosque uses the funds for the prosperity of mosque such as paying for mosque electricity, asset repairs, tadarus al-qur'an, donations for tarawih prayer imams. The results of this waqf fulfill the religious needs of the community from comfortable and beautiful mosque so that the community can carry out worship properly, attend religious studies and create a conducive environment during the celebration of the month of Ramadan.
2. Hifzu An-Nafs (Protecting the soul)
Mental protection is an important principle in the process of community welfare. The importance of protecting the soul is in second place after religion. Islam forbids any form of abuse of souls and lives in any form.
Maintaining the soul can be seen based on the fulfillment of basic needs such as clothing, food, and shelter. In addition to the need for food, maintaining the soul can also be associated with maintaining health. In Lamsiteh village, the results of waqf do not prioritize food for its people, because the need for food for the less fortunate has been represented by social assistance provided by the government. The rice produced from waqf rice fields is only obtained by the people who work the waqf land.
3. Hifzu Al-'Aql (Guarding the mind)
Keeping your mind healthy is positive behavior and has noble character. This is because reason is a source of wisdom, guidance, happiness and prosperity for humans in this world and the hereafter. It is clear that reason and law are interconnected. So, on this basis, every Muslim must maintain his wits and prevent all forms of persecution against him.
Lamsiteh Village has established programs that can support the quality of general and religious knowledge that are maintained using the results of the empowered waqf land. The availability of general religious studies that discuss religion and daily life as well as Musabaqah Tilawatil Qur'an (MTQ) competitions related to Islam at the Celebration of Islamic Holidays so that it can support children's knowledge to learn to compete.
4. Hifzu An-Nasl (Guarding offspring)
Maintaining descendants is an important thing in the regeneration of Islam in the future. Maintaining descendants is the duty of parents. Parents must protect each of their descendants from free sex, promiscuity, cheating, adultery and the birth of children out of wedlock. The Lamsiteh Village Program which uses the results of waqf land has not met the need for descendant protection, namely the fulfillment of education for both the community and their descendants, such as sending their children to school. However, for rice farmers who get 2/3 of the results of the rice fields they work, they are greatly helped by the income that can help send their children to school.
5. Hifzu Al-Mal (Guarding wealth)
Islam requires humans to seek halal sustenance and forbids taking other people's property in a false way. Muamalah among other people such as buying and selling, renting, profit sharing, pawnshops, loans and so on are among the ways to obtain property.
With the existence of Lamsiteh village's rice field endowment land, some underprivileged people will get the opportunity to work on the land so that they get results from the land. Working on the land is a halal job because it is done by working and not stealing. The rice field endowment management system, Lamsiteh Village collaborates with cultivators based on mutual agreement without any coercion, showing that implementing justice in property. Then, by working, cultivators get income so that they can avoid begging.
Conclusions
1. The productive waqf management strategy carried out by Lamsiteh Village is managed with a profit-sharing system. Houses and shophouses from waqf land use the ijarah system and waqf rice fields use the mukhabarah system. Until now, the management of waqf rice fields has begun to develop with the conversion of waqf land that was previously managed as rice fields into shophouses and houses that are rented to people outside the village, the results of which will later be given to support the religious needs of the village. The allocation of the results of the waqf land, both from the profit sharing of rice fields and the results of the shop rental, is given to repairing mosque, religious events such as the celebration of the Islamic holy day of Maulid, consumption of tadarus Al-Quran.
2. The waqf managed by Lamsiteh village, Darul Imarah sub-district, Aceh Besar district has had a positive impact on the community, including the construction of a mosque (prayer room), maintenance of worship facilities and infrastructure, and the existence of the waqf land can increase the income of the community who work as cultivators. However, the results of the management of productive waqf have not been allocated to other sectors such as health facilities, education, and economic empowerment for the community consistently, so that the existing productive waqf has not led to the welfare of the community as a whole.
3. It can be concluded overall that the empowerment of waqf land in Lamsiteh Village has not been able to improve the welfare of the people in the village because the results of the waqf are not optimal and its use is consumptive.
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Penulis
1Cut Fadhila Rahama, Syiah Kuala University, cutfadhilarahama@gmail.com
2Muhammad Haris Riyaldi, Syiah Kuala University, harisriyaldi@usk.ac.id