Islamic view of the 3 -Month Blocking Account Blocking Policy – Darul Ma’arif Islamic Boarding School

Darulmaarif.net – Indramayu, August 1, 2025 | 10.00 WIB

In the last few days, the public has been enlivened by the new policy of the Financial Transaction Reporting and Analysis Center (PPATK) which states that the bank account that is not active alias “unemployed” for 3 to 12 months can be blocked. This policy certainly raises various responses, ranging from concerns of the general public, MSME actors, to religious social institutions such as Islamic boarding schools, which have accounts with a frequency of non -regular transactions.

For some people, especially public -based institutions such as pesantren, madrasas, and religious social institutions, banking activities are not always carried out every month. Their accounts can be passive because they are waiting for donations, donations, or disbursement of annual funds from partners and donors. The same thing is experienced by students, housewives, or informal workers who use accounts only for seasonal purposes. So, this policy raises concerns: Will the waqf funds, donations, or family deposits be frozen only because they are not used in a matter of months?

Policy Analysis: Objectives and Risks

PPATK as a state institution has an important task in preventing money laundering (TPPU) and terrorism funding. “Dormant” account (inactive) often misused as Bill ZombieNamely a bank account controlled by third parties (fraudsters or illegal networks) because the original owner is no longer using it.

In terms of regulation, this policy is legitimate as a step to prevent and control the financial system. But from the social side, it is necessary to be caution in its implementation. Without good socialization, many ordinary people can become victims of policies that they do not understand.

Review of Fiqh: Who has the right to new wealth?

In the treasures of classical Islamic jurisprudence, a person’s property – during not proven to be represented, granted, or eliminated syar’i – is the full right of the owner even though he does not use or touch the property for a long time.

Imam Ibn Abū Zahrah explains the definition of Al-Milkiyyah as follows:

Sedimentation that his love can be a law that must be eliminated with expression and integrity when parliamentary members

Meaning: “Specialization of a person’s property according to sharia ‘so that he can handle his management and benefit from him, as long as there are no obstacles.” (Muhammad Abū Zahrah, Muḥāḍarāt fī al-Milkiyyah wa naẓariyyat al-‘aqd [Kairo: Dār el-Fikr al-‘Arabī])

Imam Jalaluddin Aby Bakr al-Kasani in his book Storm’us Shonai ‘explains that ownership rights for assets do not fall because they are not usedUnless there is a reason for syar’i who cancel it.

According to Sheikh Abdul Karim Zidan, if the owner is no longer found, invalid property must be submitted to Jerusalem.

In the case of the emergence of individual property rights, Islam requires it to emerge from legal reasons.

Meaning: “Judging from the emergence of individual ownership rights, Islam regulates that ownership must originate from the famous cause ‘. If it arises from the cause that is not famous, then Islam does not allow it and does not recognize its ownership rights. In fact, Islam ordered to be submitted back to those who are entitled to receive it and the original owner. (Abdul Karim Zidan, Ushul Al-Da’wah, Beirut: DKI, Juz I, Page 253)

Sheikh Abdul Karim Zidan, one of the Mu’ashir Fuqaha stated:

And legal reasons for confiscation of ownership of the money permitted, and fall under this type of fishing, the resurrection of dead land, confiscation

Meaning: “Some reasons for the presence of ownership are through the path of mastery that is changed. In a row, an example of mastery through this one path, is hunting, ihya’ul mawat, mastery of the grass and shepherd, mining, storing. All have special conditions that must be obeyed.” (Abd Al-Karim Zidan, Ushul Al-Da’wah, Beirut: DKI, Juz I, Page 253)

In this context, the inactive account cannot immediately abort someone’s property rights to their funds, especially if the account contains waqf, zakat, or infaq funds.

Can a country freeze people’s assets?

In the Syiyasah Fiqh Literature, scholars such as Imam Al-Mawardi allow the state to take action on people’s property by particular:

1. For the sake of general welfare (Masahah ‘ammah),
2. Do not abuse individuals,
3. Based on valid evidence, not mere suspicion.

In one of his monumental works, Al-Fiqh Al-Islāmī wa Adilluhu, Sheikh Wahbah Al-Zuhaili explained:

Ownership rights are not absolute rights, but are limited not to endanger others.

Meaning: “There is no absolute rights. However, these rights continue to be limited by the absence of losses to other parties. Every time it is found that the use of rights can cause losses to certain parties because of adverse property evidence, so loss of loss must be held accountable.” (Wahbah Al-Zuhailai, Al-Fiqh al-Islāmī wa Adilluhu, Dâr Al-Fikr, 1985, Juz 4, p. 299)

In this context, if we as owners of property do not use our property for good, then the property has the potential to be bad towards individuals or society. If ownership has the potential to harm individuals or other communities, then the state has the right to confiscate the asset of ownership of the property for the purpose of the benefit of the people.

If PPATK finds an indication that an account is used for crime, then the legal blocking is allowed (legitimate). But if blocking is done automatically only because it is not active, without evidence of violations, then in the view of fiqh, it can include form ta’addî ‘alal milkiyyah (violation of private property rights) Prohibit sharia ‘.

Fiqh solutions and policy suggestions

1. Socialization and education from financial authority to the public so that they understand the importance of maintaining account activity.
2. Previous reminder to customers via SMS or email before blocking is done.
3. Liberation for social institutions and education whose transactions are seasonal.
4. Account owner can appoint representative (representative bil qabul) To keep the account active according to the concept of wakalah in the muamalah fiqh.

In conclusion, fiqh legally, accounts blocking only because they are not active for three months without a clear cyar’i reason Potentially violating the right of personal property. Islam highly respects personal ownership, and the state is allowed to intervene only in an emergency situation and with the intention of maintaining the benefit of the people.

This policy should be reviewed so that its implementation does not harm the people, especially the pesantren, da’wah institutions, and small communitiesWhich sometimes keeps funds for long-term purposes, not because of forgetting, but because of caution.

Hope it is useful. Wallohu a’lam.