Optimization of Waqf Land with the concept of Istibdal in Indonesia

By Wiku Suryomurti

Waqf is one of the financial tools in the Islamic economic system that continues to grow, including using sukuk schemes, istibdal, hukr and so on. Based on the 2015 Waqf data from the Ministry of Religious Affairs, it shows that the allocation of waqf land in Indonesia is mostly for mosques.

Figure 1.

If the mosque becomes the center of thought and development of economic concepts, it can certainly encourage the improvement of community welfare. The function of the mosque in economic empowerment does not mean that the mosque also functions as a market, because there are arguments that prohibit buying and selling in the mosque. Therefore, waqf intended for mosques needs to be further empowered, among others by making the mosque independent and prosperous. Able to support its activities such as recitation, prayer services and so on. This includes the costs of building maintenance, electricity and other worship facilities.

Apart from mosques, the data also shows that a lot of waqf land is designated for musholla. However, based on the supporting data, it seems that there is something less than ideal, when a lot of the land used is very small, such as less than 50 m2. It also often happens that when there is already a mosque around the area, the function of the musholla becomes overlapping with the mosque. If there is already a mosque nearby, it would be better if the land is used for other buildings or activities.

If we look at the beneficial use of waqf assets, there are three categories:

1.         Ahli or Dzury Waqf, where the benefits are for the family and heirs.

2.         Khairy Waqf, where the benefits are for the ummah

3.         Waqf Musytarak or hybrid, where the designation of benefits is both for the family and for the people / community.

Therefore, the paradigm of the community’s thinking that the land to be inherited and then endowed is only for places of worship, even though the size is small, needs to be examined further because from a management point of view it looks less than optimal.

The principle of waqf, which is to hold the benefits of waqf assets until the end of time where the rewards continue to flow even though the waqif (endower) has died, provides guidance that the benefits received, both financial and non-financial, must be optimal.

One solution to this condition is the concept of istibdal.

According to the language, Istibdal means to exchange. In terms, Istibdal means exchanging an asset for another asset that is more useful. In the management of waqf assets for small or very small plots of land, one can consider the use of this istibdal concept. For example, if a waqf land is <50 m2 in size, and located in a crowded location, and the waqif intends to endow the asset to become a mosque, then with the concept of istibdal, the waqf land can be sold and then bought another asset in the form of another land, for example in the suburbs with the same value but with a larger land area, for example 200 m2.

Or if there are several small plots of land, the Nazir (waqf asset manager) can sell them and then jointly buy one plot of land elsewhere. Which of course automatically gets a larger size. In this new place, it can be built not just a mushola, but even a mosque and supporting facilities such as TPA, BMT or mosque cooperative and so on.

Figure 2.

In practice, Isbtidal has been implemented in Malaysia and Singapore. The benefits, both financial and non-financial, will still be obtained and continue to flow while the assets are of equal or even better value.

Wallahua’lam Bissawab

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