Modern Jurisprudence and Law

Modern Jurisprudence and Law

Changing the direction and use of endowments from the perspective of Islamic jurisprudence and Indonesian law

Document Type : Original Article

Authors
Jurisprudence Department, Al-Mustafa Al-Alamiyah Society, Qom - Iran.
10.22034/jml.2026.2096975.1758
Abstract
Waqf (endowment) is a financial act of worship in which someone, intending to gain financial benefit, designates specific property for a specific purpose and makes it available for public or specific group use. The primary principle of waqf is to maintain the direction and purpose set by the donor, but sometimes circumstances may necessitate or favor a change. Some argue for strict adherence to the original terms without any changes, while others allow for modifications based on conditions. It is evident that any changes to waqf property, whether in direction or use, should be determined through jurisprudence and in accordance with its evidence and principles.

In this study, we have examined the sources and evidence available through a descriptive, analytical, and jurisprudential approach to address the question of whether changing the direction and use of endowments is permissible in Islamic jurisprudence and Indonesian law. By reflecting on Shiite and Sunni jurisprudence and considering the evidence, we aim to demonstrate that under certain circumstances, changes can be made to waqf properties, and the initial principle of no alterations can be waived.

In Indonesian law, which is often influenced by Sunni jurisprudence and secular customary laws, the principle of no changes is upheld, and any alterations that affect the direction and use of endowments are prohibited. However, if situations arise that contradict the purpose of the endowment and require action, limited changes may be allowed.
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Articles in Press, Accepted Manuscript
Available Online from 17 August 2026