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All Journal Nurani: Jurnal Kajian Syariah dan Masyarakat Jurnal Ilmiah Hukum LEGALITY
Alotaibi, Hajed A.
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Clarifying Heirs’ Rights in Indonesian Waqf Law: Toward Stronger Governance and Conflict Prevention Al-Anshori, Huzaimah; Syamsudin, M.; Triyanta, Agus; Ramadhita, Ramadhita; Bachri, Syabbul; Alotaibi, Hajed A.
Nurani Vol 25 No 2 (2025): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v25i2.30356

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.
Harmonising Legal and Sharia Principles in Foreign Investment: The Regulatory Framework of Subsidiaries in Saudi Arabia Alharthi, Saud H.; Alotaibi, Hajed A.
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 1 (2026): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i1.42145

Abstract

This paper examines how Saudi Arabia’s updated investment regime (2024-2025) and Sharia principles jointly shape the legal and economic environment for establishing subsidiaries. Using a mixed-methods research design, the study combines doctrinal analysis of primary legal sources: the investment laws of 2024 and the implementing regulations of 2025 the 2022 Companies Law. We also considered relevant macroeconomic determinants that inform the foreign direct investments and empirical assessments that adopted the time series data for the period 1960 to 2023. As a finding, this research found that the new Investment Law guarantees equal treatment for domestic and foreign investors and shifts most activities from a licensing model to a streamlined, registration-based entry system, while maintaining approval requirements for sensitive sectors. The 2022 Companies Law enhances structural flexibility by permitting single-member LLCs, modernising governance rules, and removing earlier constraints on shareholder numbers. These changes collectively support holding-company and subsidiary formation.
Co-Authors Agus Triyanta Al-Anshori, Huzaimah Alharthi, Saud H. Bachri, Syabbul M. Syamsudin, M. Ramadhita Ramadhita, Ramadhita