Status Hukum Wakaf Uang Berbasis Cicilan yang Tidak Lunas dalam Perspektif Fikih Muamalah: Studi Kasus pada Koperasi Syariah Benteng Mikro Indonesia

Abstract

This study aims to analyze the legal status of productive cash waqf collected through installment payments that fail to reach the committed amount in the waqf collection practice of the Benteng Mikro Indonesia Sharia Cooperative. The issue arises because the waqf program determines a specific amount as a single waqf object, whereas, in practice, many members do not complete the installment payments until the committed amount is fulfilled. This situation raises questions regarding the validity of the waqf, the legal status of the funds that have already been paid, and the legal implications under both Islamic jurisprudence (fiqh) and Indonesian waqf regulations. The research employs a qualitative approach using a socio-legal (juridical-empirical) research method. Primary data were obtained through interviews and field observations involving the cooperative's management and members, while secondary data were collected from fiqh literature and relevant legislation, including Law Number 41 of 2004 concerning Waqf and Government Regulation Number 42 of 2006 concerning the Implementation of the Waqf Law. The data were analyzed descriptively and analytically by comparing empirical practices with applicable legal provisions to determine the legal status of waqf funds that have not yet reached the committed amount. The findings indicate that installment payments which do not reach the committed waqf amount do not fulfill the requirement of complete transfer of ownership and therefore cannot yet be considered a valid waqf. Instead, such payments constitute a waqf commitment (wa‘d bi al-waqf) and are legally classified as trust funds (amanah). A valid waqf contract is only established once the committed amount has been fully paid and the waqf declaration (ikrar waqf) has been formally pronounced. Therefore, the Benteng Mikro Indonesia Sharia Cooperative should provide clear options to members who terminate their membership before fulfilling their waqf commitment. The accumulated funds should be offered back to the prospective donor (wakif) so that they may determine the legal status and future disposition of those funds.