PRODUCTIVE WAQF MANAGEMENT; A CASE STUDY OF BRUNEI DARUSSALAM

This study aims to determine the state of the productive waqf management in Brunei Darussalam, ranging from nÉÐir management, management of waqf collection, development and distribution of its investment returns. The analytical method used is descriptive analysis, that is, research that describes the data and information based on facts obtained by the researcher from books, papers, and seminars in charitable institutions in Brunei Darussalam. Results show that productive waqf management in Brunei Darussalam is singly handled by the Majlis Ugama Islam Brunei (MUIB) through a single unit. The nÉÐir is appointed and sworn in by the Chair of Majlis Ugama Islam. In Brunei Darussalam, there are two kinds of objects as entities of productive waqf: Land and money. These waqf entities are utilized together with the other assets of other Islamic Religious Council Waqf investments using IjÉrah contract under the responsibility of an investment body of the Badan Tanmiah Majlis Ugama Islam Brunei. In terms of the development of the waqf, the nÉÐir in Brunei Darussalam use the media as a means of fundraising. The distributions target of the productive waqf are education, health, religious and social development.


INTRODUCTION
Waqf is one of Îadaqah jÉriyah, or continuous charities, that gets reward either the waqf endower is still alive or has died. In Islamic teachings waqf is a noble charity because it is in the forms of horizontal and vertical charity. It is called horizontal as waqf is very beneficial for mankind if the waqf properties can be utilized properly from which many people can take benefits either directly or indirectly. Meanwhile, it is called vertical as waqf is one proof of faith in Allah SWT (al Qhardhawi, 2004). Allah SWT promises people who give waqf that they will be rewarded doubled and continuously as long as the waqf properties provide define waqf as a tool to achieve a common goal. Hence, they say that idÉrah is something that specifically concerns leadership, mobilization, self-development, planning, and supervision of employees about the main elements in a project, (Mubjir, t.th). The aim is to ensure that the targeted results can be achieved in effective and efficient ways.
In the industrial world, economic actors need management in running their businesses. Management is applied to regulate the activities of production, product marketing, and maintaining good relations between the chief and his subordinates. Definitions of management both in Islam and in economics are quite similar. Management is considered as a science as well as the art of leadership. According to Ahmad Ibrahim Abu Sinn in his book al-id Érah fÊ al-Isl Ém, management is defined as a series of integrated steps to develop an organization as a technical economic system (Abu Sinn, Ahmad, 1981). Ahmad al-Shabab (1997) states that management is a process carried out by mobilizing resources to realize the stated goals. Thus, the process is carried out through planning, organizing, leadership, and supervision by mobilizing organization resources to achieve the stated goals. One of the distinguishing features of management theory in Islam from other theories is other variables affect management activities. Islamic management theory provides moral drive in management, which regulates how individuals should behave. In other words, there is no management in Islam unless there is an ethic that guides and regulates it. This is similar to the statement that it is impossible for Muslim communities to be built without being based on morality.

The concept of Productive Waqf
Waqf in Arabic jurisprudence means al-×abs, namely 'being stop, being stood still, being held back". The word al-waqf in the form of maÎdar is from the term waqaftu as-shai', which means to stand still or to hold something back (Al Azhari, Muhammad, 2000). Meanwhile, based on shaÊÑhi, Islamic scholars have different opinions in defining waqf. According to madhhab (school of thought) of Hanafi madhhab, waqf is to hold back properties whose status remains owned by the waqif or the endowers whereas the endowed ones are the benefits only. Meanwhile, al QÉdIi Abu Yusuf al-TshaqÉfi and Imam Muhammad al-Shaib Éni (both were the students of Imam Abu Hanifa) interpreted waqf as holding back by endowed properties under the law of Allah. Thus, the properties of the endowers end and move to Allah by expecting that the results from waqf properties can be utilized by others (Ibnu Al Humam, 1970).
On the other hand, Maliki madhhab argues that waqf is to make benefits of the properties owned, whether in the form of rent or the results which are given to people who have the right to get in a particular period of time determined by the endowers (Sayyid Ali Fikri, t.th) This madhhab believes that waqf does not mean releasing the endowed properties from the endowers' ownership, but waqf prevents the endowers from releasing their owned properties to others. Besides, the endowers are obliged to donate the benefits of endowed properties and are prohibited to draw back their endowments. Waqf, according to Syafi'i madhhab, is holding back properties which benefits can be utilized with their fulfillment. The properties are no longer under the owner's supervision, but their utilization must be based on Islamic law (As Sharbini, 2000). This concept is quite similar to Hanbali madhhabs notion of waqf which refers to resisting the freedom of the property owner to spend his useful property with the fulfillment while the benefits are used for good benefits (Ibn Al Humam, 1970).
Regarding the above definitions from the Islamic scholars, some conclusions can be drawn. There are two views in the understanding of waqf; one is from Hanafi and Maliki madhhab, and another one is from Syafi'i madhhab. The first view declares that waqf properties are still owned by the endowers, whereas the second view states that waqf can make the endowers lose the ownership of their endowed properties. Meanwhile, based on other Islamic scholars the waqf contract is luzËm (binding) (Qadr Basya, 1995), in the sense that the endowers cannot draw back, sell, or inherit the properties they have endowed.
In regards to the word 'productive', there is one course in management science called production/operational management. Operation or production means the process of transforming input into output to add more values or benefits. The production process means an activity process in the forms of physical change, transfer, borrowing, and storage (Jaih Mubaraok, 2008). Thus, in terminological meaning productive waqf is a transformation from professional waqf management to increase the benefits of waqf. Besides, Muhammad Shafi'i Antonio (2007) states that productive waqf is the development of waqf with several main characteristics, namely: the integrated waqf management model, a welfare principle of nÉÐir, and transformation and responsibility principles. The definition of productive in this research serves as an adjective. An adjective will give clear meaning when combined with the noun they represent. In this case, the represented noun is a waqf, thus it becomes a productive waqf which refers to waqf which management is productive, as opposed to consumptive (unproductive). More precisely, productive waqf in this research is investing waqf property productively which more focuses on how to provide waqf properties to the targets in a broader sense, according to the spirit and purpose of sharia (Asnaini, 2008). cooperative working groups to maximize expected waqf results. If waqf is managed professionally, then it will be a potential Islamic institution. Based on this point of view, waqf management needs to be based on the professionalism of the company's operations. Another professor at the Center for Islamic Economics Investigation from King Abdul Aziz University, (Muhammad Anas Zarqa, 2008) declares that waqf management must show the best outcomes. In other words, waqf management should be managed professionally to contribute better to the benefits of mankind in the economic, social and religious aspects. This is because of the success of waqf management is strongly influenced by professional management systems. Further, he adds that nÉÐir should be responsible for the management of waqf projects on profitable financing sectors and investment that can provide high profits which forms are based on sharia. Achmad Djunaidi et al. (2007) explain that with the Total Quality Management (TQM) approach, the parameters of professional nÉÐir are as follows: (1) Amanah (trustworthy), (2) ØiddÊq (honest), (3) faÏÉnah (smart), and (4) tablÊgh (transparent). Characters of a trustworthy nÉÐir are: (1) educated and have high morals, (2) has superior and competitive skills, (3) able to do work division, (4) can carry out obligations and obtain fair rights, and (5) has clear and directed work expertise.

Waqf Management in South East Asia region
In Indonesia, there are three types of nÉÐir waqf, namely nÉÐir individuals, nÉÐir organizations and nÉÐir legal entity. The State acts as the Motivator, Regulator, and Facilitator. Among the nÉÐir waqf institutions in Indonesia who are successful in the management of productive waqf are: Badan Wakaf Indonesia, Badan Wakaf Pondok Modern Darussalam Gontor, and Tabung Wakaf Indonesia with various models of investment concepts such as MuÌÉrabah, MurÉbahah, MushÉrakah, Ijarah, MuzÉra'ah, and they are also open to microfinance programs (Ihsan & Adnan 2018). However, In Malaysia, the Federal Constitution of Malaysia clearly states that the King is the ultimate authority in Islam for every state that is headed by the King or Sultan. In states within the Federation that do not have a king or Sultan such as Sabah, Sarawak, Malacca and Penang, the Chief authority in Islamic matters is the Yang di Pertuan of the State (Wu,1991). The nÉÐir of Waqf is appointed and sworn in by the Chair of Majlis Agama Islam Negeri (MAIN). In Malaysia, there are many kinds of objects as entities of productive waqf: money, land, Buildings, and others. These waqf entities are utilized investments by using MuÌÉrabah, MurÉbahah, MushÉrakah, Ijarah, MuzÉra'ah contract under the responsibility of an investment body of the MAIN. In terms of the development of the waqf, there are similarities between the nÉÐir in Indonesia and that in Malaysia, namely the use of media as a means of fundraising. Also quite similar is the distributions target of the results of productive waqf namely education, health, religious and social development. However, in Indonesia and Malaysia, there are more varied publications and socialization models and also they have been working with the Islamic banks.
When compared with the waqf management in the South East Asia region, like Indonesia and Malaysia the waqf management in Brunei Darussalam is still far because empirical studies on waqf in the country are still limited. They are merely related to the understanding of waqf and have not touched the issue of productive waqf management. The problems of the waqf management in Brunei Darussalam were expressed in the management of nÉÐir waqf, management of collection, investment, and benefit waqf distribution.

RESEARCH METHODOLOGY
This was qualitative research, which procedure must produce descriptive data in the form of written or verbal words about observed people or behavior (Aminudin, 1990). The aim was to find out how the productive waqf management in Brunei Darussalam from the perspectives of management concept, both management of waqf nÉÐir and management of collection, investment and distribution. In this research, the main subject and source of data were: the Brunei Religious Council (Majlis Ugama Islam Brunei/MUIB) specifically in the field of waqf property management or the Tanmiah Agency (Badan Tanmiah/BT). To gather the necessary information to be analyzed, the researchers employed three techniques. The first was interviews, namely by asking several questions conducted systematically and were based on the objectives of the research (Sutrisno Hadi, 1991), or getting information by asking directly to respondents (Masri Singarimbun, 1998) with the leaders and employees of waqf institutions in Brunei Darussalam. This is important to ensure that the interviewees can demonstrate how waqf management is currently being practiced in their institution. Thus, three interviewees were selected, namely: (i) an officer who is directly involved in waqf collection process in Majlis Ugama Islam Brunei (MUIB); (ii) an officer who is responsible for managing waqf properties (including investment models and benefit waqf distribution) in Majlis Ugama Islam Brunei and Badan Tanmiah; and (iii) an officer who is responsible to conduct independent checks on waqf management process in Brunei Darussalam.
Every interview consists of four questions. Question one asks about the management of nÉÐir waqf in Brunei Darussalam. Question two is on the models of waqf properties Collections. Question three is regarding the investment models of productive waqf, Finally, Question four is related to the issues of benefit waqf distribution.
The second was observation, namely a data collection technique in which the researchers conducted direct observations of the symptoms of the subject being investigated. The third was documentation, referring to analyzing written objects such as books, magazines, documents, regulations, daily notes, etc. that belonged to waqf institutions in Brunei Darussalam.
The data obtained from interviews, observation, and formal documentation were analyzed by conducting data reduction through the unit identification which was found in the data which were relevant to the focus and problem of research. The next was organizing categories which were done by sorting each unit into parts that had similarities, and then each category was labeled. The further step was synthesizing, namely finding links between one category and another one. Referring to the analysis of qualitative data, thus the first step undertaken in qualitative data analysis according to (Lexy J. Meleong, 2000) was to develop a comprehensive and thorough description of the research results. The second step was to classify the data by sorting through the data and re-integrating it. The classification was done to be able to make comparisons between one data and another.

Development of Waqf in Brunei Darussalam
Before the waqf property management law in Brunei Darussalam, the implementation of waqf was carried out individually according to Islamic laws which were directly taught by ulama who came to Brunei. As time goes by, waqf became an on-going practice for Muslims in this country, including the previous kings. Therefore, His Majesty the Sultan Haji Hasanal Bolkiah Muizzudin Waddaulah has always been a role model for his people. Even though the process of transferring the status of the property from individual property belongs to the public (waqf) was done verbally and without any regulations, its implementation has proceeded as it usually was without any written pledges. In this period, waqf was still placed as pure Islamic teaching practice included in the category of principal worship. Almost all waqf properties were intended for physical development purposes, such as mosques, cemeteries, Islamic teaching forums, and others (Adli Kayfullah, 2017). There was still no organization for nÉÐir. Anyone could become nazir without any requirements to have certain criteria because there were no laws that governed them. Those who usually became nÉÐir were the ulama and village heads (Hj. Zulkifli Hj Abdullah, 2017) following the culture and customs in each district.
Then in the next period, waqf management in Brunei Darussalam has begun to improve. This is because there has been a special legislation to organize waqf written in the Laws of Brunei Darussalam (Laws Of Brunei), the Act of Religious Council and Kadis Courts Act (Chapter 77) which consigns that the Council becomes the sole trustee for all waqf, either waqf 'am (general waqf) or waqf has (specific waqf) as in chapter 100 in order to facilitate prospective endowers to do waqf (Laws of Brunei,Chapter 77 Haji Omar Ali Saifuddin Saadul Khairi Waddien. From then on, the waqf property management in Brunei Darussalam has become more directed and organized, no longer carried out individually. All waqf processes are under the supervision of the kingdom with written pledges. In this period, waqf properties are no longer confined to land assets, but there are also people endowed with money even though not many did. As the sole trustee for waqf, the Council has the right to administer and carry out any construction activities on these properties, as well as to take all the proceeds. The Council also plans to distribute the results obtained to those who have the right to receive waqf and to determine the use of the remaining results if the waqf properties are invested. Nevertheless, due to Islamic laws, waqf property management is dependent on the original purpose of waqf. The purpose of the waqf practice which is applied in Brunei is for the public benefit. Additionally, there are two types of applicable waqf, waqf 'am (general waqf) or waqf has (specific waqf). About managing properties of waqf 'am, the Council must take action based on sharia and legislation with waqif intention (Hj Zulkifli Hj Abdullah, 2017).

Waqf Law in Brunei Darussalam
The

Source: Brunei Religious Council
It is seen in Figure 1  "In the field of religion, the kingdom will continue from time to time to make efforts to pursue the sanctity of Islam and balance the development and progress in the field of material. In addition to attempting to develop Islamic religious teachings, the government is also considering to utilize all the assets collected in the BaitulMal to benefit those who are virtuous as desired by Islam" Sultan of Brunei (1998).
Related to the interpretation of waqf definition, in the Act chapter 77 there is no specific interpretation defining of waqf based on the Law of Brunei. This indicates that waqf is still be interpreted broadly based on the views of Fuqua especially Imam Syafi'I since Brunei Darussalam is committed to this imam, even though other madhhabs are also accepted as the Ahlu Sunnah Wal Jama'ah madhhab. Similarly, in the Act chapter 77 Section 2, there is no specific interpretation also regarding waqf, but waqf is interpreted to waqf 'am and typical waqf. Waqf 'am is defined as the endowment of capital or income eternally for religious or good purposes which are recognized by sharia. Meanwhile, typical waqf is interpreted as the endowment of property capital eternally for religious or good purposes which are recognized by sharia for the people or specified purposes in waqf by the waqif.

Productive Waqf Management in Brunei Darussalam
 Management of productive waqf collection Waqf property management is carried out by the Brunei Religious Council as the waqf nÉÐir. The properties are by the Act of Religious Council Chapter 77 regarding waqf, such as lands, buildings, cash, hearses, books, Al. Qur'an manuscripts, computer, air conditioning, facilities for mosques like loudspeakers, fans and so on (Hj Jamilah, 2005). In conducting community fundraising, the Brunei Religious Council uses media campaign strategy, seminars, and other strategies by Brunei laws. This shows that the efforts of the Brunei Religious Council to collect waqf properties and to facilitate anyone willing to endow. From various media campaigns, mass media is the most effective means of raising public funds. Efforts to raise funds using mass media are generally carried out by campaigning in the mass media through advertising as well as reporting to get funding support or other forms of assistance from the people of Brunei. In some cases, the mass media have proven to be effective in fundraising. (Abidin Hamid & Kurniawati, 2004 In raising waqf funds from the community, the Brunei Religious Council has a specific department to manage this, namely the department of waqf and Baitul MÉl. This department has a very important role in determining the size of waqf fundraising from the community. To become a professional nazir, the Council continues to set the best possible service system. Since its establishment, the Council has continued to hold discussions among ministries, seminars and even willing to conduct studies banding abroad to research waqf in this country. It is undeniable that the most effective effort to improve understanding of the importance of waqf is that Nazir is also required to give enlightenment about waqf in various higher education activities, discussions, seminars, and others, especially for academics and practitioners in the field (Hj Mahdini, 2017).
From the direct fundraising implemented, there are still many people who do not understand productive waqf. Thus, in carrying out the process of fundraising approach, firstly the Religious Council explains about waqf in general and even about zakat. According to officials, there are still many people who do not understand about productive waqf. Therefore, the first thing to do is providing knowledge and understanding of productive waqf as it is expected that there will be public awareness to donate their properties in the form of productive waqf.   Table 2 data, it can be seen that based on the number of types of waqf has properties, waqf for mosques is the most dominant, followed by waqf for cemeteries, waqf for the religion school, and waqf for building bridge construction. Meanwhile, in terms of districts, Brunei Muara receives the most waqf, followed by Tutong and Temburong districts. However, there is no waqf has recorded in the Kuala Belait district. Apart from the listed waqf above, there are also some unrecorded waqf has, such as fans, air conditioners, refrigerators, and so forth. The data are presented as follows.

Source: Religious Council of Brunei Darussalam (Division of Waqf)
Regarding waqf 'am provisions based on district, Brunei Muara is the district that accepts the most waqf 'am followed by Belait District. The purposes of waqf 'am are more general and not limited to particular objects, but merely for the benefits of Muslims. Here is the description of waqf 'am. The Data are presented as follows:  The data above shows that the nominal funds from the cash waqf have not been maximized because the ideal potential is far greater which can reach 10 times, even more, considering that Brunei's population is already sufficient in its economic aspect besides the sufficient agricultural products in the forms of oil and gas to support the country's economy. Cash waqf for this type of waqf 'am is made productive by the Tanmiah Agency along with other properties in the Brunei Religious Council.

 Development of waqf properties
In carrying out its duties as nÉÐir, the Religious Council undergoes the management and development of the collected waqf properties depending on its purposes, functions, and designation with sharia principles. The waqf management planned by the Religious Council is done based on two approaches, namely consumptive and productive approaches (Hj Zulkifli bin Hj Abdullah, 2017). The consumptive approach has been commonly done in anywhere, but in this research productive approach is used as the basis to explain the Waqf management in Brunei.
In this approach, the Religious Council manages the waqf properties for productive things that generate profits. It is implemented by empowering the properties then the profits are used for the benefit of the general public while maintaining the principal value of the waqf properties by the applicable laws in Brunei Darussalam. In managing the productive waqf sector, the Tanmiah Agency of the Religious Council is more likely to make a direct investment for waqf properties, such as lands and buildings by using the contract of Ijarah (Hj Zulkifli Hj Abdullah, 2017). One of the productive waqf management models carried out by the Tanmiah Agency is channeling waqf properties to various sectors such as housing, oil stations, business facilities, and other halal businesses. The development strategy implemented by the Tanmiah Agency (Hj Mahdini, 2013) uses a cautious approach as well as wise and astute investment selection. The main focus of the strategy is the construction of lands and buildings as well as its management which includes active investment. The leasing scheme is a scheme commonly offered by the Tanmiah Agency in investing waqf properties, with the aims of: (1) increasing institutional income, (2) avoiding capitals from the Agency, (3) helping the development of local businesses, (4) increasing market value of lands, and (5) actuating economic activities on unmanaged lands.
Example: Construction of vacant lands: (1) 100% funded by the "self-funded" of the Tanmiah Agency The building will be leased through two rental methods:  "One-Single anchor tenant" to ensure a long rental period based on the good reputation of tenants and stable income to the Agency.  "Multiple tenants", namely the method and period of ordinary leasing to individuals and companies.
(2) Funding Partnership  The main objective: Soft capital rationing in addition to reducing the risk of overfunding the Agency.  The focus of the development of vacant lands is only on strategic areas.  The chosen parties such as local banks will be asked to take a role to jointly support Baitul Mal by investing capital funds into the planned development.  The chosen parties must have a strong reputation and finance. There is also another investment strategy undertaken by Tanmiah Agency, namely by involving the agency in issuing and participating in the purchase of low-risk Islamic financial products that provide stable income with short and long investment periods such as rates, "Islamic Real Estate Investment Trust Funds "(REITs), and others. However, the values are not very significant. In Brunei Darussalam, the Tanmiah Agency is not allowed to use cash waqf to be used by the community through microfinance programs and business assistance. Even though the microfinance assistance is accompanied by financial experts who would provide training to microcredit recipients on how to do business well. This is because it is not by the laws in this country.
 Distribution of waqf results The benefits obtained from various waqf property investment are mainly distributed for the needs of poor and orphaned children in Brunei Darussalam through various programs and activities such as fulfilling the needs of education, health and social services (Hj Mahdini, 2017). In this case, the distribution of waqf results is more dominantly used for fulfilling educational needs which reach up to 50%, followed by 20% for the health sector, 15% for the religious sector, and 15% for the social sector. The detail is displayed in the figure 4.

Education facilities
Education in Brunei Darussalam is a basic necessity for all the people of the Majesty guaranteed by the kingdom. The people are free from any payment, starting from the elementary up to higher education level. All the facilities in government schools receive assistance from His Majesty the Sultan and Yang Di-Pertuan, Sri Sultan. Every student even receives scholarship money each month. The Brunei Religious Council aids the results from waqf property investment to those who need the most, even though almost Brunei's people are not included in the category of the poor. The Tanmiah Agency made its first contribution of B$ 10,000,000 in 1998 from the Crown Prince Al-Muhtadee Billah, including waqf funds, for orphans.

Health Facilities
There are also results from waqf investment channeled to health facilities such as for hospital development and their facilities. In addition to funding aids from the Kingdom, there is also fundraising from waqf investment held by the Tanmiah Agency. Although the amount is not as much as funds from the Kingdom, it is proof of concern for fellow Muslims through the development of waqf properties that need to be continuously improved. One of the hospitals that receive the distribution is Raja Isteri Pengiran Hajah Saleha (RIPAS) Hospital . (Adli Kayfullah, 2017).

Religious Facilities
One of the Tanmiah Agency's missions to achieve its goal of paying attention to the goodness of the Muslims' lives in Brunei Darussalam is to hold a project for public worship place maintenance. It is as a contribution and charity in improving the quality of services, safety, and convenience of the community in using these buildings. The funding of the waqf program to prosper worship places such as mosques and Islamic teaching council is taken from the results of waqf investment conducted by the Tanmiah Agency of the Brunei Religious Council.

Social Facilities
Aid programs provided by the Tanmiah Agency when distributing the results of waqf property investment are not only in the forms of cash or goods but also in the form of services such as blood donors held at Unit B10, Trade Buildings of Baitul Mal, Kota Batu Street. These were held based on the initiative of the Tanmiah Agency and the community for charity. Such charity received an extraordinary welcome. There were 50 people voluntarily donate their blood. Besides that, this activity was held aimed at promoting the Tanmiah Agency to the community.

CONCLUSION
In Brunei Darussalam, the kingdom through the Religious Council is the sole trustee (nÉÐir) for all management of waqf properties, both waqf 'am and waqf has as stated in the laws of Brunei and the Kadi Courts Article 77 Chapter 100. It means that only the Religious Council is the legal party which is justified by the Laws of Brunei as the nÉÐir of waqf. In Brunei Darussalam, those who become the waqf nÉÐir officials are the civil servants who receive a monthly salary from the government.
In the case of management of waqf property collection, the Kingdom of Brunei Darussalam uses media (website) of the Ministry of Religious Affairs as a means of promotion and socialization of waqf to the community. Some of the waqf properties that have been collected are lands, cash, hearses, electronic tools, books, and others.
Furthermore, in Brunei Darussalam, the investments of the Religious Council properties are managed by the Tanmiah Agency of the Brunei Religious Council (BT-MUIB). In managing the productive waqf sector, this agency tends to choose direct investment over the waqf properties by only using the ijÉrah concept. The productive waqf management model carried out by the Tanmiah Agency includes the waqf property investment to various sectors such as housing, gas stations, and other business facilities.
Productive waqf results in Brunei Darussalam are distributed to education, religious, social, and health sectors. The aids for the health sector are given in the forms of facilities for hospitals and healthcare. Similarly, the aids for the education sector are in the form of facilities.