LEGAL DUE TO THE PRACTICES OF WAQF INSURANCE BENEFITS THAT DO NOT COMPLY WITH FATWA PROVISIONS DSN-MUI NO.106/DSN MUI/ X/2016 CONCERNING WAQF INSURANCE BENEFITS AND INVESTMENT BENEFITS OF ISLAMIC LIFE INSURANCE IN INDONESIA

ABSTRACT: In creating legal order and sharia compliance in waqf to protect the property of the waqf insurancebenefits, this study refers to the legal consequences arising from waqf of insurance benefits that are notfollowing the fatwa on waqf of insurance benefits, following the legal system regulated in the Law. Number 41of 2004 concerning waqf, which regulates waqf and must comply with Islamic Law. Through normativeresearch methods with statutory and conceptual approaches, and in this research, the materials used are primaryand secondary legal materials obtained through literature review. Due to the incompatibility of waqf insurancebenefits with the provisions of fatwa number 106 / DSN-MUI / X / 2016 concerning waqf insurance benefitsand investment benefits in Islamic life insurance, it has resulted in missing aspects of sharia. It has resulted inlegal consequences: 1. If the mismatch is related to the terms and conditions of the waqf insurance benefitsobject, it becomes null and void, 2. If the mismatch is connected to the terms and conditions of waqf insurancebenefits, then the practice of benefits can be canceled. Benefits in sharia insurance companies cannot be used asguidelines for imposing sanctions on insurance companies.