Settlement of Waqf Disputes  and its Asset Protection in East Java, Indonesia

Mahrus, Moh.

doi:10.21093/mj.v20i2.3833

Cited by 2 publications

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“…28 of 1977, providing structured avenues such as deliberation, mediation, and arbitration, before resorting to court proceedings. These mechanisms are designed to facilitate amicable resolutions and uphold the sanctity of waqf land (Mahrus, 2022). In the context of Palopo City, applying these legal mechanisms would involve bringing all parties to the table for deliberation.…”

Section: Resultsmentioning

confidence: 99%

The Role of Nadzir in Resolving Waqf Land Disputes

Alam,

Salmawati,

Zainuddin

2024

GRLSPR

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This study aims to determine and analyze the factors that cause waqf land disputes and to know and analyze the role of nadzir in defending the land, in the event of a waqf land dispute. This study uses the empirical method or directly down to the field. The location of the research was carried out at the Luwu Grand Mosque, Palopo City and North Wara KUA. The types and sources of data used are primary data and secondary data with data collection techniques obtained through interviews and literature study. The number of samples as many as 3 people, namely a Nadzir, community leaders and the Head of KUA. The data obtained were processed by qualitative analysis with a deductive approach. The results showed that Nadzir's role in defending the land, in the event of a waqf land dispute, was to protect and supervise what was entrusted to him by representing the waqf land object when sued both inside and outside the court, showing evidence of land waqf , and seeking to resolve the dispute. by deliberation. The factors that cause waqf land disputes include the lack of good communication, the absence of a waqf pledge deed, the heirs suing the waqf land, the increasingly strategic location of the land, the land object does not have legal certainty, and the endowment with a deed below. hand. The research recommendation is nadzir in an effort to defend the land, if there is a dispute over waqf land, that is, play an active role in trying to make the problem resolved by deliberation. It is resolved by deliberation will be much more effective and the disputing parties do not feel disadvantaged but the parties will feel mutually won. There are also people in general who want to endow their land, they should educate themselves or seek information related to land waqf procedures to the authorized official before waqf of land. As well as in implementing the transfer of waqf from wakif to nadzir, the legal position of the nadzir when receiving the waqf land object must be clear.

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Section: Resultsmentioning

confidence: 99%

The Role of Nadzir in Resolving Waqf Land Disputes

Alam,

Salmawati,

Zainuddin

2024

GRLSPR

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“…Several studies have examined that high heirloom assets cannot be individually owned by members of the community nor can be transferred to other people (Citrawan, 2021;Mahrus, 2021), which is similar to the concept of waqf that cannot be traded (Zunaidi, 2021) and its preservation must be guaranteed (Suganda, 2014). In addition, through the cash waqf movement, it can be done to redeem the mortgaged high pusako property and increase its amount.…”

Section: Introductionmentioning

confidence: 99%

Legal Study of Dzurri Waqf and its Implementation towards Strengthening High Heritage Assets in Minangkabau, West Sumatra, Indonesia

Wira,

Huda,

Long

et al. 2023

JURIS

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One concept of preserving family assets can be carried out through the practice of dzurri waqf. In Minangkabau, preservation of family assets is carried out in the form of high inheritance management. This article aims to discuss the legal concept of dzurri waqf and its implementation in high inheritance management in Minangkabau, West Sumatra. The findings of this study are very specific because the Minangkabau culture adheres to on one side, a matrilineal system but on the other hand, is based on the Islamic law. The data in this study were obtained through in-depth interviews with four experts, i.e., the expert council of MUI West Sumatra, the Chair of the West Sumatra Indonesian Waqf Board, the Chair of West Sumatra Nazir, and the expert council of the Lembaga Kerapatan Adat Alam Minangkabau (LKAAM) West Sumatra. This study found that first, the concept of dzurri waqf is identical to the management of high heirloom assets in Minangkabau. It is proven by some asset management that is almost the same as dzurri waqf, i.e., the element of property must be retained in principal and from the element of beneficiaries (mauquf alaih) who are family members. Second, there is a strategy to maintain high pusako treasures through religion, namely by managing high pusako treasures, such as dzurri waqf management so that the identity of high pusako treasures as culture can survive and be managed sustainably. Third, in order to maintain the identity of the high pusako treasure, the nazir in the context of dzurri waqf is appointed from the niniak mamak component as the holder of the power of the high pusako treasure.

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Settlement of Waqf Disputes and its Asset Protection in East Java, Indonesia

Cited by 2 publications

References 0 publications

The Role of Nadzir in Resolving Waqf Land Disputes

The Role of Nadzir in Resolving Waqf Land Disputes

Legal Study of Dzurri Waqf and its Implementation towards Strengthening High Heritage Assets in Minangkabau, West Sumatra, Indonesia

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