Clarifying heirs’ rights in Indonesian waqf law: Toward stronger governance and conflict prevention

Al-Anshori, Huzaimah, Syamsudin, M. ORCID: https://orcid.org/0000-0002-1687-2087, Triyanta, Agus, Ramadhita, Ramadhita, Bachri, Syabbul ORCID: https://orcid.org/0000-0002-1687-2087 and Alotaibi, Hajed A. (2025) Clarifying heirs’ rights in Indonesian waqf law: Toward stronger governance and conflict prevention. Nurani: Jurnal Kajian Syariah dan Masyarakat, 25 (2). pp. 529-553. ISSN 2460-9102

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Abstract

This research analyzes the current legal framework governing the rights of a wakif’s heirs under Indonesian waqf law and proposes a model of regulatory reform aimed at enhancing waqf governance and minimizing potential inheritance disputes. The urgency of this research arises from the increasing number of waqf dispute cases brought before Indonesian Religious Courts, many of which involve heirs claiming ownership of assets already pledged as waqf. These disputes reflect ongoing legal uncertainty and the lack of clear regulatory provisions governing heirs’ procedural rights, a condition that risks weakening both the long-term sustainability of waqf management and the overall stability of the legal system. The objectives of this study are twofold: (1) to analyze the normative and socio-legal factors contributing to heirs’ involvement in waqf disputes, and (2) to propose a legal reform framework that clarifies their position within the waqf system. Using a normative juridical method with statutory and conceptual approaches, the study finds that the ambiguity of Law No. 41 of 2004 concerning Waqf, particularly the absence of the term “wakif’s heirs” in Article 6, creates interpretive gaps leading to recurrent ownership claims. To address these issues, this paper proposes revising the Waqf Law to explicitly recognize the limited supervisory rights of heirs while maintaining the sanctity of waqf as perpetual charity. This proposed reform seeks to align the principles of Islamic jurisprudence with national law in order to ensure legal certainty, reduce the potential for disputes, and strengthen the overall effectiveness of waqf governance. The study contributes conceptually by redefining heirs’ legal standing and practically by promoting a conflict-resilient and sustainable waqf ecosystem in Indonesia.

Item Type:	Journal Article
Keywords:	conflict prevention; governance; legal reform; wakif’s heirs; waqf law
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180127 Mu'amalah (Islamic Commercial & Contract Law) > 18012715 al-Waqf 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law
Divisions:	Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User:	Syabbul Bachri
Date Deposited:	30 Sep 2026 08:34

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