The Potrait of Waqf (Religious Endowment) in the Muslim Society: A Socio Legal Perspective

Abstract

This article concentrates on the potrait of waqf (religious endowments) relating to the management of waqf itself, the disputed waqf property, and the settlements of waqf dispute in the Muslim society
of North Sumatra. The findings of this research are: Fistly, the majority of properties of waqf which become object of dispute are lands of mosque, cemeteries, and Islamic school (madrasah). However, the lands on which the mosques were built are the majority of waqf properties. It is worth noting that due to the deviation of the objectives of waqf, it turns to be object of disputes among the Muslims in North Sumatra, although waqf property in terms of quantity there should be able to raise the social welfare. Secondly, the dispute of waqf taking place in there due to the denial the volume of the land of waqf, that of the function of waqf, and the claim of a person’s right to the land of waqf. Thirdly, that the settlements of waqf dispute in the province have not been completely carried out in compliance with Law Number 41/2004 Relating to Waqf, which render a person the optional right to the institutions of law. By the virtue of section 62 of the Law of Waqf, it is prescribed that the dispute of waqf shall be settled through discussion to reach consensus (musyawarah), mediation, arbitrate, and adjudication.