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Nurhijah Nurhijah
Sharia Economic Law Study Program, Al-Syaikh Abdul Wahid College of Law

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The Construction of Judicial Legal Reasoning in Annulling a Waqf Pledge Deed Due to the Waqif’s Lack of Legal Ownership over the Waqf Object Nurhijah Nurhijah; Safrin Salam; Ibrahim Kayode Muhammed
Walisongo Journal of Sharia Economic Law Vol. 2 No. 2 (2026): Walisongo Journal of Sharia Economic Law
Publisher : Department of Sharia Economic Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/wishel.2026.2.2.32144

Abstract

This study examines the construction of judicial legal reasoning in the annulment of a Waqf Pledge Deed when the waqif is considered not to be the lawful owner of the waqf object. It aims to evaluate whether the court’s reasoning adequately distinguishes the waqif’s subjective capacity, the legal status of the waqf land, and the evidentiary standard required to prove ownership. This research employs normative legal research using statutory, conceptual, and case approaches, with Decision Number 23/Pdt.G/2018/PA WGP as the primary case. The analysis focuses on the court’s interpretation of Islamic waqf principles, Indonesian positive law, evidentiary rules, and the doctrine of legal certainty. The findings show that the decision affirms an important principle: a Waqf Pledge Deed cannot validate a waqf act made by a person who lacks lawful ownership over the property. However, the reasoning also reveals analytical limitations because the court relied heavily on the respondent’s confession and did not fully elaborate the documentary proof of land ownership or the consequences for community-based educational use. This study concludes that waqf deed annulment requires layered judicial reasoning that balances formal legality, evidentiary sufficiency, legal certainty, and substantive justice
Co-Authors Ibrahim Kayode Muhammed Safrin Salam