E ISSN: 2583-049X

International Journal of Advanced Multidisciplinary Research and Studies

Volume 3, Issue 4, 2023

Legal Consequences of Changes in Utilization of Waqf Land Without the Approval of Waqif Heirs

Author(s): Suhaimi, Mustakim, Ilyas


According to Law No.41 of 2004 concerning Waqf (Waqf Act) that waqf assets (including land) must be utilized in accordance with the stated purpose when the land is donated. The waqif has its own aims and objectives in endowing land rights. Therefore, if it is related to Articles 4 and 5 of the Waqf Act, it can be said that the wakif who endows land is to use the land in accordance with the purpose and function of the waqf. So that waqf land is prohibited from changing its designation. However, in practice it is still found that Nazhir makes changes to the allotment of waqf land that are not in accordance with the waqf pledge pronounced by the Wakif. This is of course contrary to the Waqf Act.

Keywords: Utilization of Waqf Land, Waqif Heirs

Pages: 850-854

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