Sriwijaya Law Review
Volume 5 Issue 2, July 2021

The Implementation of Waqf as ‘Urf in Indonesia

Ani Yumarni (Djuanda University of Bogor)
Gemala Dewi (Unknown)
Jaih Mubarok (Unknown)
Wirdyaningsih Wirdyaningsih (Unknown)
Anna Sardiana (Unknown)

Article Info

Publish Date
31 Jul 2021


As a tradition that has been practised for a long time, waqf or endowment is clear evidence that Muslims in Indonesia are developing through this worship. However, what if the waqf is in the form of a mosque, Islamic school, and grave (3M’s waqf). It is an unusual thing in the contemporary Islamic tradition, but its existence persists. Meanwhile, 'Urf as one of the legal propositions in establishing Islamic law has known the concept and has been practised for generations in suburban areas where most of the population is Muslim. This tradition is then accommodated in Law Number 41 of 2004 concerning endowment, which contains land endowment and endowment organiser (nazhir). This paper examines the tradition of endowment in Indonesian society to benefit mosques, Islamic schools, and graves. By using the historical and analytical-conceptual approaches, this paper will analyse waqf in these three forms. The results of this study can be taken into consideration by stakeholders in developing strategies for strengthening and empowering 3M's donated land to create benefits for the Indonesian since 3M’s endowment is commonly found in Indonesian society. 

Copyrights © 2021

Journal Info




Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice


The Sriwijaya Law Review known as the SLRev launched on the 31st January 2017 and inaugurated formally by the Rector of the university is a forum which aims to provide a high-quality research and writing related to law. Areas that relevant to the scope of the journal cover: business law, criminal ...