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

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.

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Publication Details

Journal
Fiat Justisia Jurnal Ilmu Hukum
Published
2026-03-12
DOI
https://doi.org/10.25041/fiatjustisia.v20no1.4842
Primary Topic
Islamic Finance and Banking Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

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

Uzodinma Yurriens Ezenduka, Salmawati Salmawati, Muh. Zulkifli Muhdar
Fiat Justisia Jurnal Ilmu Hukum
Islamic Finance and Banking Studies
article

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

Uzodinma Yurriens Ezenduka, Salmawati Salmawati, Muh. Zulkifli Muhdar
article en

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.

Fiat Justisia Jurnal Ilmu HukumVol. 20(1)
Parul University (IN), Universitas Muslim Indonesia (ID)
Openalex Percentile: Top 24%
Islamic Finance and Banking Studies
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