Waqf
is a legal act wakif to separate and / or give up some of his property
to be used permanently or for a specified period in accordance with its
interests for purposes of worship and / or general welfare according to
sharia. Endowments
Government Securities (GS) is an expansion of scope in the world
perwakafan listed in Article 21 of Government Regulation. 42 of 2006 on the Implementation of Law no. 41 of 2004. But in fact the SUN is the securities in which an element of interest (riba). SUN
is a form of debt securities are debt instruments denominated in rupiah
and foreign currency interest and principal payments are guaranteed by
the Republic of Indonesia, according to the date of expiration. SUN is a moving object whose existence as securities which in this case as an object of waqf.
Based
on the description above, the authors are interested in doing research
on Government Securities (GS) is treated as waqf property in the form of
a scientific thesis. This
thesis is a literature study, entitled "Against Islamic Waqf Law Review
Securities Regulation No. In Article 21. 42 Year 2006 on Implementation
of Law no. 41 2004 on Endowments." The results of the research
literature to answer the question: how endowments provisions Mail Government Government Regulation. 42 of 2006 and how the legal review of the Waqf Islamic Securities in Government Regulation no. 42 of 2006. The
research data gathered through reading and study of the text (text
reading) and then analyzed with descriptive-analytical techniques.
The study concluded that the provisions of the Securities endowments Government Regulation no. 42
The year 2006 was one part of the securities which are movable goods
other than money, while the implementation is the same as the cash waqf.
Overview of Islamic law on endowments Sovereign Debt in the Government Regulation no. 42 of 2006 declared illegal because it contains elements of Government Bond interest (usury). The
SUN Sharia (Sukuk) as difatwakan by the National Shariah Council (DSN)
is the fatwa NO: 32/DSN-MUI/IX/2002, Islamic Bonds (Sukuk) is a
long-term securities issued based on Islamic principles Islamic
bond issuers to the holders of the Issuer is obliged to pay income to
the holders of the Bonds in the form of Sharia / margin / fee and pay
back the bond fund at maturity, it may be the object of waqf.
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