Ghazali bin Ahmad Sinin
Singapore College of Islamic Studies

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Cash Waqf as an Instrument of Islamic Philanthropy: A Juridical Review and Its Implementation in Indonesia and Singapore Ghazali bin Ahmad Sinin
Ahlana: Jurnal Hukum dan Hukum Keluarga Islam Vol 2, No 2 (2025): Ahlana: Jurnal Hukum dan Hukum Keluarga Islam
Publisher : Fakultas Syariah dan Hukum Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/jhki.v2i2.31274

Abstract

Cash waqf has become a form of contemporary waqf that is increasingly being discussed, both within the body of Islamic law and in the practice of social philanthropy. This paper seeks to examine cash waqf from the perspective of Islamic jurisprudence, covering its conceptual framework, legal validity, normative foundations, historical development, and its application in Indonesia. The analysis reveals that although early jurists disagreed regarding cash waqf particularly concerning the requirement for the preservation of the waqf asset (baqā’ al-‘ayn) the Hanafi school, along with contemporary scholars, validates it by emphasizing the continuity of benefits and the public interest. The normative foundation of cash waqf rests on the general principles of the Qur’an, the Prophet’s guidance regarding ongoing charity (ṣadaqah jāriyah), ijma’ (consensus), and qiyas (analogy), in addition to rational arguments and socio-economic considerations. Historically, cash waqf was effectively implemented during the Ottoman Caliphate era, serving as clear evidence of its effectiveness. In Indonesia itself, cash waqf is legally enshrined in Law No. 41 of 2004 on Waqf and is supported by the Indonesian Waqf Board and Islamic financial institutions. Although hampered by a number of issues, such as a lack of public understanding and limited professionalism among managers, cash waqf holds great potential as a means of strengthening the economy and fostering sustainable social development.