Analysis of Waqf Land Withdrawal: Sharia Economic Law and Indonesian Positive Law

Abstract

The exploitation of oral waqf endowments by heirs demanding property retrieval highlights a critical socio-legal tension between Islamic living law and state administrative formalization. This normative-doctrinal study integrated socio-legal and comparative Islamic jurisprudence approaches to systematically investigate the waqf dispute at Masjid Nurul Huda, Indonesia. We analyzed statutory regulations and classical texts using the tahqiq al-manath framework. The findings proved that the absence of a Waqf Pledge Deed constitutes merely a procedural anomaly, completely failing to invalidate substantive endowments. Across four major schools of Islamic jurisprudence and Law Number 41 of 2004, the retrieval of mosque land remains absolutely prohibited because legitimate ownership has eternally transitioned from the initial endower. This study demonstrates that prioritizing administrative rigidity over substantive validity fundamentally threatens global Islamic philanthropy. Consequently, resolving undocumented endowments necessitates the strategic hybridization of cultural mediation and formal judicial ratification to permanently safeguard maqashid al-syariah against pragmatic customary inheritance claims