KEABSAHAN WAKAF ATAS TANAH WARISAN YANG DI WAKAFKAN OLEH PIHAK LAIN YANG BUKAN AHLI WARIS

Abstract

Waqf is an Islamic legal institution intended to provide sustainable public benefits through the dedication of property legally owned by the donor (wakif). In practice, disputes may arise when the endowed property involves the rights of other parties, particularly inherited land whose ownership status remains uncertain. This issue is reflected in Supreme Court Decision Number 456 K/AG/2007, which serves as the focus of this study. This research aims to analyze the validity of waqf over inherited land endowed by an unauthorized party from the perspectives of agrarian law and Islamic law, as well as to examine its legal consequences for the protection of heirs' rights and legal certainty concerning waqf land. This study employs normative legal research using statutory, case, and conceptual approaches. The legal materials consist of primary, secondary, and supporting legal sources collected through library research and analyzed qualitatively using a prescriptive approach. The findings indicate that, under both agrarian law and Islamic law, waqf may only be established by a person who legally owns the endowed property. However, in Supreme Court Decision Number 456 K/AG/2007, the Court emphasized formal evidence rather than examining the substantive ownership of the disputed land, thereby maintaining the validity of the Waqf Pledge Deed and Waqf Land Certificate. Consequently, the land retained its status as waqf property, while the legal protection afforded to the heirs became limited due to the absence of sufficient formal proof of ownership. Therefore, stronger verification of land ownership prior to the establishment of waqf is necessary.