The Practice of Self-Waqf in Pondok Pesantren: A Family Law Review from the Perspective of Maqashid Shariah

Praktik Wakaf Diri di Pondok Pesantren -Tinjauan Hukum Keluarga dalam Perspektif Maqashid Syariah

Abstract

The concept of productive waqf empowerment has generally been associated with the endowment of immovable assets, such as land or buildings, for public benefit. However, in recent decades, a new phenomenon has emerged related to productive waqf, known as self-waqf, where an individual dedicates themselves or a part of their capabilities for a specific purpose. This type of waqf is often found in Islamic boarding schools (pondok pesantren), which require cadre development as an effort to ensure the continuity of the institution and preserve the values of the pesantren in its practices. Self-waqf in pesantren involves dedicating personal potential, such as time, energy, or skills, for the sake of good. In practice, donors (wakif) are required to reside within the pesantren area and work exclusively for the pesantren. This type of waqf is not limited to unmarried individuals but also includes those who are married. This aspect provides an intriguing topic for further exploration, particularly in examining how self-waqf practices align with family law, especially concerning individual and family rights. This journal aims to examine the perspective of family law on self-waqf practices, particularly those commonly found in Islamic boarding schools. The research method used in this journal is normative juridical with a philosophical approach. The study's findings reveal that self-waqf has the potential to support the welfare of the ummah while strengthening family values. Through social, educational, and religious contributions, self-waqf enriches communities and provides broad benefits to society, aligning with the objectives of maqashid shariah to preserve religion (hifz ad-din), intellect (hifz al-aql), and well-being (hifz an-nafs). Furthermore, when conducted with family consent, self-waqf can set an example of devotion, generosity, and strong social responsibility for family members, thereby enhancing harmony and spiritual values within the family. However, self-waqf practices must also maintain a balance with family obligations to ensure that responsibilities toward spouses and children are not neglected. Therefore, the implementation of self-waqf should be examined more deeply in the context of maqashid shariah, particularly in the aspect of lineage protection (hifz an-nasl), which emphasizes the importance of safeguarding well-being and maintaining relationships within the family.   Keywords: Self-waqf, Pondok Pesantren, Family Law, Maqashid Syariah