Smart: Journal of Islamic Religion and Sharia Studies
Vol. 1 No. 1 (2026): Smart: Journal of Islamic Religion and Sharia Studies (SSharia)

Legal Consequences of Waqf Pledge Deed Officials’ Negligence in Land Boundary Demarcation

M. Abrar Dahlan (Institut Agama Islam Darussalam Martapura)



Article Info

Publish Date
16 Feb 2025

Abstract

The negligence of Waqf Pledge Deed Officials (PPAIW) in demarcating wakf land boundaries poses significant legal and social risks, including disputes and erosion of wakf’s devotional integrity. This study examines the consequences of such negligence through the lens of Islamic legal theory, focusing on the Shafiʿi madhhab’s principles of amanah (trust) and dhaman (guarantee compensation). Employing a qualitative, literature-based methodology, it analyzes classical fiqh muʿāmalah texts and contemporary regulatory frameworks. Findings reveal that PPAIW negligence constitutes a taʿaddī (transgression) requiring liability under dhaman al-idāfah (negligence compensation) and dhaman al-qimah (value compensation). Legal remedies include administrative sanctions, such as dismissal, and material compensation obligations for costs related to document correction and dispute resolution. The implementation of these principles safeguards maslahah ʻammah (public interest) and protects wakf assets as communal trusts. Recommendations call for regulatory enhancements, professional training for PPAIW, and streamlined procedures to ensure precise boundary delineation and accountability.

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Journal Info

Abbrev

SSharia

Publisher

Subject

Description

Smart: Journal of Islamic Religion and Sharia Studies (SSharia) is a peer-reviewed academic publication dedicated to advancing scholarly discourse on Islamic theology, religious jurisprudence, and Sharia law within contemporary and historical contexts. Established as a forum for rigorous ...