JHR (Jurnal Hukum Replik)
Vol 14 No 1 (2026): Jurnal Hukum Replik

Waqf Disputes and Procedural Justice Through Proof of PledgesThe Status of Nazhir in Religious Courts

Faisal Faisal (Universitas Muhamamdiyah Sumatera Utara)



Article Info

Publish Date
27 May 2026

Abstract

This study examines the resolution of waqf disputes in Religious Courts, focusing on proving the waqf pledge, the legal standing of the nazhir, and the application of procedural justice. Waqf disputes often arise due to disorderly waqf administration, weak evidence of the pledge, unclear status of the waqf object, or conflicting interests between the heirs, the nazhir, and the community. This study uses a normative juridical method with a statutory, conceptual, and case-based approach. The results of the discussion indicate that proving the waqf pledge plays a crucial role in determining the legal status of the waqf object. The Waqf Pledge Deed, waqf land certificate, witness testimony, and the use of the waqf object in the community can form the basis for the judge's considerations. Furthermore, the nazhir holds a crucial position as the party responsible for safeguarding and maintaining waqf assets, but their legal standing must still be legally tested. Procedural justice is necessary to ensure that all parties have an equal opportunity to present their arguments and evidence. This research confirms that procedural law in waqf disputes must provide legal certainty, justice, and benefits for the protection of waqf assets.Keywords: waqf disputes, waqf pledge, nazhir, procedural justice, Religious Courts.

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Journal Info

Abbrev

replik

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The aim Jurnal Hukum Replik is venue for academicians, researchers, and practitioners for publishing their original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of constitutional law, criminal law, civic ...