Productive Waqf and Efforts to Renew Waqf Law in the Jasser Auda System Approach

Abstract

Productive waqf represents a new paradigm of Islamic philanthropy that shifts the focus from passive asset maintenance to active asset development, aiming to maximize the socio-economic benefits of the community. This transformation inherently demands a reform of traditional waqf law, which tends to be conservative. This article analyzes efforts to reform waqf law, particularly regarding the diversification of waqf objects and management flexibility, through the lens of Jasser Auda's Systems Approach . The analysis shows that productive waqf aligns with Auda's Purposefulness feature , which reconstructs the Maqasid of Sharia from protection to development . This approach justifies the expansion of waqf objects (e.g., cash waqf and intellectual property rights) and provides a philosophical foundation for Istibdal (change of function) to realize the welfare of the community in a holistic and sustainable manner. Furthermore, the use of this systems approach is important in managing waqf investment risks, which is a logical consequence of the development -oriented paradigm.