DOKTRINA: JOURNAL OF LAW
Vol. 9 No. 2 (2026): Doktrina:Juornal of Law Oktober 2026

Perlindungan Hak Ahli Waris Wakif dalam Pengelolaan Wakaf Produktif Perspektif Hukum Islam dan Positif Indonesia

KHOIRUL ANAM (IAI Nusantara Ash-Shiddiqiyah)
Nisaul Jannah (IAI Nusantara Ash-Shiddiqiyah)
AHMAD KHUDORI (Unknown)



Article Info

Publish Date
29 Oct 2026

Abstract

The purpose of this article is to examine the legal status of the heirs of a wakif (waqf donor) under Islamic law, their legal status under Indonesian positive law, and the challenges associated with protecting their rights. This study employs a normative legal research method using statutory, conceptual, and limited comparative approaches, with secondary data as its primary source. The findings indicate that legally valid waqf property is no longer part of the estate subject to inheritance. However, the rights of the donor’s heirs must still be protected to ensure that the waqf process is conducted lawfully, transparently, voluntarily, and without causing undue harm to their interests. The main challenges include inadequate waqf administration, low levels of legal literacy among the donor’s family members, a lack of transparency on the part of nazhir (waqf managers), and suboptimal institutional supervision. Therefore, the protection of heirs’ rights should be strengthened through the execution of a Waqf Pledge Deed (Akta Ikrar Wakaf), the registration of waqf property, supervision of nazhir, reporting on the management of productive waqf assets, and effective dispute resolution mechanisms.

Copyrights © 2026






Journal Info

Abbrev

doktrina

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Doktrina : Journal Of Law is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business Law, ...