The Implementation of the Regulation of Cash Waqf Management in Higher Educational Institution in Indonesia and Malaysia (A Study of Legal System Theory)

Abstract

Purpose of the study: This article aims to elaborate on the practice of cash waqf management in a higher educational institution in Indonesia and Malaysia. In further explanation, it will elaborate on the effectiveness of regulation application on cash waqf management by applying Friedman's legal system theory. This paper also explores some obstacle factors towards the implementation of cash waqf regulation in higher education.
 Methodology: This study applies a qualitative approach by using two main data resources, primary and secondary data. The data collection method applied in this research is by conducting documentation and interviews with stakeholders of cash waqf managers in higher educations in Indonesia and Malaysia. The collected data were analyzed by the legal system theory.
 Main Findings: In the level of legal substance, both Indonesia and Malaysia have been sufficiently rigid and representative. The regulation of waqf in Malaysia gives discretion to waqf administrators to improve waqf management. Meanwhile in Indonesia, the implementation of the regulation on waqf management is still plagued by social norms and religious norms that are believed by communities.
 Applications of this study: The result of the study aims to contribute to cash waqf management and its development in Indonesia, particularly in higher education. The study is expected to be a platform and foundation in the implementation of cash waqf regulation and its management model. Furthermore, the results of this study are expected to be considered in strengthening the development of legitimacy and regulation in the education sector.
 Novelty/Originality of this study: This study focuses on the implementation of waqf regulations in the higher education institution in Malaysia and Indonesia based on the perspective of legal system theory. The implementation of the waqf regulation in both countries is analyzed by three aspects; substance aspects, structural aspects, and legal culture aspects.

Application of multicultural-based learning model syntax of social studies learning

“…This condition ultimately makes students active learners. Active learning is learning by increasing student activity in accessing various information from various sources, text books, libraries, the Internet, print media, electronic media or other learning sources (Mustofa, Santoso & Rosmalinda, 2020). The implication of this active learning is the ability to think critically and systematically according to the problem being solved.…”

Cash waqf from the millennials' perspective: a case of Indonesia

“…It is perceived as an important socio-economic vehicle that adheres to Islamic principles. Moreover, it is recognized as one of the sustainable funding mechanisms to serve communities (Mustofa et al , 2020).…”

A systematic literature review on the socio-economic roles of waqf: evidence from organization of the Islamic cooperation (OIC) countries

“…The themes discussed regarding entrepreneurship consist of the distribution of cash waqf for capital and business infrastructure (Arshad and Haneef, 2016;Bustami and Hakim, 2020;Hassana et al, 2020;Iman and Mohammad, 2017;Musari, 2016;Osman et al, 2015;Sulistyowati and Anshori, 2019), the corporate waqf model (Ibrahim et al, 2020(Ibrahim et al, , 2016 and the provision of equipment for farmers (Olaniyi et al, 2015). In the field of education, the benefits of waqf are directed at providing learning infrastructure (Abdullah and Saiti, 2016;Alhifni et al, 2017;Bahroni, 2016;Hasan et al, 2019b;Hasan and Siraj, 2016;Mahamood and Rahman, 2016), scholarships and higher education funds (Ali et al, 2019;Amuda et al, 2016;Harun et al, 2016;Mustofa et al, 2020;Razak et al, 2016;Shaifull Anuar et al, 2019;Usman and Rahman, 2020) and learning centers (Mustofa et al, 2020).…”