ISTIHSAN METHODOLOGY IN THE PRODUCTIVE WAQF APPLICATION

Istihsan is a form of ijtihad method by calculating the law of a problem so that it is better for certain reasons as long as it does not violate Islamic law. Istihsan based on the argument used is divided into three: first, switching from qiyas dzahir to qiyas khafi; second, switching from general propositions to specific characteristics; third from Kulli's law to exceptions to legal exclusion (exceptions). Meanwhile, based on the backrest taken by mujtahid divided into four types; istihsan qiyasi, istihsan nashi, istihsan bi al-’urf and istihsan dharuri. Earning cash in the form of cash is a new phenomenon that is still often debated about its legality as a solution of the Islamic religion. This paper explains the role of istihsan methodology in restoring contemporary economic activities in the form of productive endowments. Based on its practices and functions, cash waqf has enormous benefits for the economic progress of the community. With the analysis of the istihsan methodology, it can be seen that the cash waqf law is permissible to review using the istihsan bi al-’urf approach.


INTRODUCTION
Islam is a moral religion. The teachings he delivered were not only aimed at overcoming the weaknesses of social structure, but also aimed at realizing social welfare for the community. He taught Muslims a charitable concept that would not break their reward even though the person who did charity had died. The concept is a representative practice which is a feature of the charity that has social and economic value that will contribute to the welfare of the lives of Muslims. Besides aiming to strengthen the ties of fellow Muslims, waqf also helps alleviate the suffering faced by the poor and disadvantaged groups.
Following history, the first practice of waqf in Islam occurred in the third year of Hijrah. It was carried out by Mukhayrik al-Yahuddiyyi, a Jewish national who participated with the Prophet Muhammad in the battle of Uhud.
He was determined to hand over a garden full of fruit to the Messenger of Allāh dan and the Muslims if he was sacrificed in the battle of Uhud. (Ibn Hāshim : 38) In general, the form of waqf property for some Muslims today is still limited to the endowment of immovable objects such as land and buildings. The case causes waqf has not been able to provide maximum results for the welfare of Muslims. In fact, endowment activities have evolved to new forms related to current issues, namely productive endowments. In addition to utilizing the waqf lands that have been issued, it can also be done by practicing the types of waqf that are popular today such as cash waqf (waqf / waqf al-nuqud), investment waqf and stock waqf. (Didin Kaem , 2007) The purpose of productive endowments is endowments that may be attempted to produce a larger amount and economic value. It is also understood as endowment which is not limited to immovable objects, but extends to transferred objects such as money, securities, vehicles, intellectual property rights, leases and other transfer objects in accordance with Islamic regulations and laws. (Uswatun Hasanah, 2005) Contemporary fiqh phenomena such as productive endowments, will not be separated from the validity of these activities in terms of sharia. Islam with two sources of reference (theorem naqli and theorem 'aqli) provides a very broad scope in determining istinbat (conclusions) of each law of contemporary activities such as productive endowments. However, the most significant method in analyzing the activities of productive waqf is to use the methodology of the argument 'aqli in the form of istihsan.
Put simply, istihsan can be interpreted as following something better or looking for something better to follow because it was told to do so. Some schools of thought have differences of opinion regarding the use of istihsan as legal proposition. Nevertheless, despite these differences of opinion, the methodology of istihsan for most contemporary scholars is very important in formulating a concept of practice for the mujtahids. Therefore, the istihsan methodology in this paper becomes the main discussion topic in analyzing the application of productive waqf development, apart from the four reference sources; namely al-Quran, al-Sunnah, Ijma and Qiyas.

Definition of Waqf
Productive Waqf comes from two words, namely waqf and productive.
In terms of language, endowments come from Arabic words waqfun (ٌ ‫ـف‬ ْ ‫َق‬ ‫,)و‬   Referring to the definitions of the scholars about waqf, it can be concluded that the practice of waqf has caused the loss of the right to use for the endowment (waqif) and take advantage of the assets represented. Therefore, the endowment (waqif) does not have any rights to the assets represented, and the property rights have been returned to Allah SWT. However, the endowment (waqif) will receive rewards on a continuous basis as long as the endowments are utilized for the purpose of virtue.

Purpose of Productive Waqf
It has been understood in terms of language that productive endowments are endowments that may bring a greater amount and economic value (Mahmud bin Bakyr, 2003: 2141. Therefore, productive endowments contain a broad understanding. It includes waqf lands intended to foster various lay services and ease of principles in the fields of education, health, social services and others (Departemen Agama Republik Indonesia, 2005). It also includes cash waqf (waqf / waqf al-nuqūd) which has been practiced since the beginning of the second century Hijrah and its implementation in Indonesia was only inaugurated in mid-May 2002 by the Indonesian Ulema Council (MUI).
When the law on cash waqf was only passed by the president of the Republic of Indonesia on October 27, 2004 in Jakarta. (Departemen Agama Republik Indonesia, 2006:8) Productive Waqf also includes an investment waqf which was first inaugurated on August 3, 2004 in Jakarta as a form of cooperation between the Dompet Dhuafa Institute and PT. Batasa Capital, a financial services company owned by Islamic mutual funds (Roy Hendrajanto, 2004). It is also understood as a waqf for shares, namely waqf in the form of securities which are ratiosly indicted by the Indonesian Ulema Council (MUI). The way to implement this waqf is to invest capital through the purchase of shares and the results of the capital gains will be taken every year without losing the first capital. (Wakaf Saham, 2006) However, the purpose of productive endowments in this study will focus on cash waqf and waqf land that may provide benefits and generate added value to the endowment funds as endowments. This is because, both types of waqf have provided glory in helping the poor and poor in the study area.
Meaning: ‚The parable of those who spend their wealth in the way of Allah is similar to a seed that grows seven stalks. Each stalk contains one hundred seeds. And (remember) Allah will double the rewards for whomever He wills, and Allah is vast (His blessing) is All-knowing.‛ ‚Those who spend their wealth in the way of Allah, then they do not accompany what they spend by mentioning their gifts, and by not hurting (the feelings of those who receive), they will get a reward in the sight of their Lord. There is no concern for them and they are not sad.‛ Surah al-Baqarah (2): 261-262 The Prophet's hadith which underlies the productive waqf includes the hadith narrated by Imam Bukhārī from Ibn 'Umar ra that' Umar ra had come to the Prophet (PBUH) to ask for guidance on the land he had acquired on Khaybar.
The hadith text is: (Muhammad bin Isma'il Abu 'Abd Allah al-Bukhari al-Ju'fi, 1987:982) Meaning: It was narrated from Ibn 'Umar ra that' Umar bin Khattab ra obtained land (gardens) on the earth of Khaybar. Then he came to the Prophet (PBUH) to ask for guidance regarding the land. Said 'Umar ra:" O Messenger of Allah, I have acquired the land on Khaybar, never before have I received a treasure of higher value (more than that land). What will you command me about it? " The Prophet peace be upon him said: "If you wish, freeze the source (the origin of the treasure) and you give (the result)". 'Umar then offered it by not being sold, beebrown and not bequeathed either. He ('Umar) offered the results to the poor, families, slaves (oppressed people), people who fought in the way of Allah, travelers and for guests. However, it may be used in an ordinary way by those who manage it such as eating or feeding friends without making it personal property (source of wealth).‛ In addition, the hadith narrated by Imam Bukhari from Abū Hurayrah may describe productive waqf. Word of the Prophet Muhammad: al-Bukhari al-Ju'fi, 1987:508) Meaning: ‚Anyone who is given by Allah the treasure then does not issue his zakat, later on the Day of Judgment will turn into a one-eyed snake that wraps around his master's neck and then holds his ears while saying, "I am your treasure, I am your money (whose rights you do not give to those who are entitled accept it) ". He then reads the word of God: (Do not those who are devoted to the treasures that God has given them from His blessings think that righteousness is good for them).‛ In addition, the legal basis for productive endowments is the agreement of the scholars (ijma'). 3 Imam Bukhārī narrated that Imam al-Zuhrī (d. 124 AH), a prominent scholar and founder of tadwīn al-Hadīth had decreed a fatwa that the endowment of the legal dinar must (mubah). The trick is to make the dinar as business capital and the profits will be distributed to the poor (wantquf 'alaih).
Imam al-Zuhri encouraged the Muslim community at that time to represent the dinar and dirham for the construction of da'wah, social and educational infrastructure for Muslims. (Abu Su'ud Muhammad, 1997:20-21)

RESEACRH METHOD
This method consists of two methods; data collection methods and data analysis methods. Data collection is done through the library method. To get an information about the concept of productive waqf theory and istihsan, the author refers to several sources such as books that have been published both in Arabic and Indonesian, as well as several articles. As for knowing about the legal basis for productive endowments and istihsan, the author refers to the Koran, the Hadith of the Prophet and some Arabic books both classic and contemporary books.

The Meaning Of Istihsan
Istihsan is etymologically a form of masdar ‫ا‬ ‫ﺳﺘﺤﺴﻦ‬ which means to think something good (Umar Hubeis dan A. Yazid, 1985:187). Or think something is good (Badran Abu al-'Ainaini Badran, 263). Abu Hanifah still uses the meaning of lughawi as the basis for using istihsan ‫ا‬ ‫ﺳﺘﺤﺴﻦ‬ (astahsin) i mean good.
From the etymological understanding, it is illustrated that someone has faced two things that are both good, but there are things that encourage him to leave one of them and decide to take the other because it is considered better to be practiced.
As for the term istihsan understanding, there are several definitions formulated by some usul experts:
The term istihsan among the Hanafiyah Ulema as quoted by al-Sarkhasi.
Charity with ijtihad and general opinion in determining something shara 'gives it to us. (Amir Syarifuddin, 1999:307) 3. Istihsan according to Malikiyah scholars among them as stated by al-

Syatibi. (Abi Ishaq al-Syatibi: 30)
From some of the definitions that have been put forward by the ulama, there can be found the essence of istihsan there are two: (Nasroen Harun, 1996:105) 1. Comment qiyas khafi from qiyas jali because there is an argument that supports it.

2.
Imposing the exemption of the juz'iyah law from the Kulli law or general rules, based on the special arguments that support it.

Analysis Of Istihsan Methodology In The Application Of Productive Waqf
The scholars of fiqh disagree about the validity of istihsan as the main argument in the taking of law. Among the scholars who most strongly defended This sub-topic describes comparatively based on the opinions of the scholars regarding productive waqf law with analysis using the istihsan methodology.
Muhammad bin Abdullah al-Anshori, a student of Zufar, Abu Hanifah's best friend, may be in the form of cash both in the dirham and dinar, and in the form of commodities that can be weighed or measured, such as wheat.
He explained by saying: "We invest the funds in a mudharabah manner and we turn the profits into a mudharabah business then the proceeds will be offered. Commission has proclaimed the endowment of endowments of money and is included in the sense of money as securities.
Murat Cizaka (1998) states, cash waqf has also been received in Turkey, Egypt, India, Pakistan, Singapore, Iran, and other countries. In Indonesia, the Indonesian Waqf Tube Dompet Dhuafa pioneered the issuance of the Cash Waqf Certificate (SWT) for the first time focused on realizing Free health services (LKC), the Indonesian free SMART Ekselensia school, the Institute of Independence, and others.

CONCLUSION
Istihsan is one methodology that can be used in restoring syariah law '.
Apart from debates among the scholars regarding this methodology, in fact the istihsan methodology was seen as important in analyzing a contemporary economic activity to draw legal conclusions, including productive waqf models which indeed became a new discourse in terms of representation. This paper has compared the istihsan method related to cash waqf. The results showed that endowments of legal cash are permissible and acceptable in many countries which implement them according to the istihsan bi al-'urf approach (the good of following the habits of the local people).