Analysis of Cash Waqf from the Perspective of the Hanafi and Shafi’i Schools of Thought in Indonesia

Abstract

Cash waqf management in Indonesia triggers epistemological tension between the physical asset preservation dogma of Shafiite jurisprudence and the commercial custom rationalization of Hanafite scholars. This dogmatic gap produces a massive fund stagnation anomaly due to theological hesitation among managers. This normative doctrinal research dismantled this deadlock through a comparative jurisprudential and teleological approach toward classical literature alongside national waqf legislation. The analytical results prove that the Indonesian positive legal architecture essentially created a novel methodological synthesis. These regulations adopt Shafiite principal value protection while simultaneously legitimizing Hanafite productive investment schemes through financial institutions. Nevertheless, this normative hybridization proves highly vulnerable to operating suboptimally in reality without proper risk mitigation infrastructure. This synthesis firmly asserts that philanthropic legal certainty absolutely demands the institutionalization of asset guarantee insurance instruments to accelerate economic justice. This constructive idea provides a revolutionary civilizational prototype for formulating global philanthropic epistemology within the modern international economy.