Integrating Local Wisdom and Waqf Regulation: Toward an Inclusive Governance Model of Indigenous Land-Waqf in Indonesia and India

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Authors: Salmawati Salmawati, Muh Zulkifli Muhdar, Uzodinma Yurriens Ezenduka
Cited by: 0
References: 21

Abstract

The integration of local wisdom and waqf practices is a critical issue in the legal and social development of multicultural countries such as Indonesia and India, where Islamic law, state law, and customary law often overlap, creating legal uncertainty, particularly for communal waqf land. Using a normative legal method with statutory and comparative approaches, this study finds that both countries practice legal pluralism: Indonesia excels in formal mechanisms through land certification and communal nadzir, while India demonstrates institutional robustness via the State Waqf Board. Building on these insights, the study proposes a dual-legitimacy governance model that integrates Islamic law, state regulations, and customary norms, emphasizing inclusive governance, customary-based mediation, and distributive justice to ensure both the sustainability of waqf assets and the welfare of indigenous communities.

Fields of Study & Subjects

Legal and Policy Analysis in Indonesia Legal Studies and Policies Land Rights and Reforms

Publication details

Journal / source
Fiat Justisia Jurnal Ilmu Hukum
Volume
20
Issue
1
Pages
87–100
Publication date
12 March 2026
Language
EN