Kamis, 02 Februari 2012

Wakaf

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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