Al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 227-252
ISSN: 1907-591X, E-ISSN: 2442-3084
DOI: https://doi.org/10.19105/al-lhkam.v20i1.14286

The Diversity of Islamic Javanese Kings’
Waqf Management: Ruislag and Various Social
Conflicts
A. Zaenurrosyid

Universitas Islam Sultan Agung Semarang, Indonesia
email: zaenurrosyid@unissula.ac.id

Hidayatus Sholihah

Universitas Islam Sultan Agung Semarang, Indonesia
email: hida@unissula.ac.id

Miftahuddin

The University of Sydney, Australia
email: mift0849@uni.sydney.edu.au

Nawawi

Universitas Ibrahimy, Sitobondo, Indonesia
email: nawawithabrani71@gmail.com

Article history: Received June 13, 2024, Accepted: May 15, 2025,
Published: June 30, 2025

Abstract:

The main benefit of waqf (endowment) assets is
fundamentally for the welfare of the community. However,
various conflicts often occur within waqf management, such
as among nāẓir (waqf managers) and bureaucrats, including
that on waqf ruislag (ibdāl) in Kendal, Semarang, and Demak
affected by the national road project. Taking the cases as a
sample, this research aims to explore various management
and utilization of waqf assets, to examine diversity in land
exchange involving waqf lands from Javanese kings, and to
uncover various conflicts in management and exchange of
waqf assets. This study employs a socio-anthropological
approach with qualitative analysis. Data were collected
through interviews with nāẓir, officials from the Ministry of
Religious Affairs, and engaging foundation's staff.
Additionally, the research involved reviewing waqf asset
Author correspondence email: zaenurrosyid@unissula.ac.id
Available online at: http://ejournal.iainmadura.ac.id/index.php/alihkam/
Copyright (c) 2025 by Al-Ihkam: Jurnal Hukum dan Pranata Sosial

The Diversity of Islamic Javanese Kings’ Waqf
Management: Ruislag and Various Social Conflicts

records, examining documents, and conducting necessary
observations. The findings of this study are: First, a wide
variety of waqf assets are managed in different forms,
serving various purposes such as education, healthcare,
and other social benefits services. Second, as some waqf
assets have been impacted by the national road project,
ibdāl waqf, when considered for maṣlaḥah ‘āmmah (public
benefit), took place under consideration that a particular
Islamic law school and Law No. 4 of 2004 allowed it. Third,
the ibdāl has given rise to various conflicts involving waqf
institutions, foundations, or legal entities. Therefore,
conflict prevention is very important for waqf asset
governance based on nāẓir collective awareness,
regulations, and resolution.

Keywords:
Waqf assets; ruislag; social conflict; waqf institutions;
resolution.
Introduction
In Indonesia, waqf is always a fascinating topic to talk about.
It has been practiced from ancient times when the country was still
a kingdom before Indonesia was even formed.1 At that time, waqf
assets came, among others, from Islamic kings dedicated to the
prosperity of the community so that they could not be sold,
inherited, or donated.2 Accordingly, the main goal of Islamic
philanthropy, including waqf, is to empower various aspects of life,
including education, economics, and social aspects. Waqf has a
relatively more lasting impact because its assets have a continuous
function that can be developed and utilized for public welfare.3 It is
1 Amelia Fauzia, Filantropi Islam dan Keadilan Sosial (Jakarta: UIN Syarif
Hidayatullah, 2006).
2 Elimartati Elimartati, Rizal Fahlefi, and Liza Erniyanti, “Strengthening
Family Resilience through the Tradition of Agricultural Zakat Payment in Nagari
Lima Kaum in Tanah Datar District of West Sumatera,” Samarah: Jurnal Hukum
Keluarga
dan
Hukum
Islam
5,
no.
1
(2021):
496,
https://doi.org/10.22373/sjhk.v5i1.9147; Bilal Ahmad Malik, “Philantrophy in
Practice: Role of Zakat in the Realization of Justice and Economic Growth,”
International
Journal
of
Zakat
1,
no.
1
(2016):
64–77,
https://doi.org/10.37706/ijaz.v1i1.7.
3 Syaikhu et al., “The Empowerment of Infaq and Waqf Evaluation in Light
of Maqasid Al-Sharia Perspective in Mosques in Palangka Raya, Indonesia,”
Samarah: Jurnal Hukum Keluarga dan Hukum Islam 5, no. 2 (2021): 1003–20,
https://doi.org/10.22373/sjhk.v5i2.8997.

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supposed to contribute to the empowerment and well-being of the
community by having horizontal functions on people and having
vertical impacts of worshiping God. However, in reality, the
management and utilization of waqf assets have not been
sufficiently productive in contributing to the welfare of the
community, at least in playing a role in alleviating economic
disparities.
Indonesian measurement of waqf assets is based on SIWAK
(Waqf Information System) under the management of the Ministry
of Religious Affairs. In 2022, Indonesian waqf land had 440,5
thousand locations with a total area that reaches 57.2 ha.
Additionally, there is a potential waqf of IDR 180 trillion a year. Emy
Hamidiyah, the Deputy Secretary of the Indonesian Waqf Board
(BWI), stated that as of February 2025, cash waqf totalling IDR 3.82
trillion has been collected. She elaborated on the vision, mission,
and achievements of BWI throughout 2025.4 On the other hand, the
average poor household in Indonesia consisted of 4.71 in 2024,
which requires allocation of waqf distribution.5
When traced from the succession of Islamic philanthropy in
Indonesia, waqf emerged in the 12th century with the big dynamics
of movement as well as its significant growth in the 19th
Century.6 During this Sultanate rule in Central Java, laws such as
Staatblad No. 605, adapted to (Bijblad 7760) Besluit Government
General van Ned Indie, were made in 1896. Among others, the law
regulates that some mosques, namely the Semarang Grand Mosque,
the Grand Kaliwungu Mosque, the Grand Kendal Mosque, and the
Grand Demak Mosque, are authorized as waqf properties along with
their respective other assets.7
Unfortunately, the waqf land itself is at risk of being lost due
to unclear administrative documents. In fact, some of them have
been affected by the national road project, leading to various
Badan Wakaf Indonesia, “Receiving Participants of the Ministry of
Religion’s Supervisory Leadership Training (PKP), BWI Announces That Cash
Waqf Has Currently Reached 3.2 Trillion Rupiah,” Badan Wakaf Indonesia, March
10, 2025, https://www.bwi.go.id/11101/2025/03/10/terima-peserta-pelatihankepemimpinan-pengawas-pkp-kemenag-bwi-sampaikan-wakaf-uang-saat-initerkumpul-mencapai-32-triliun/.
5 Badan Pusat Statistik, “Persentase Penduduk Miskin September 2024
Turun Menjadi 8,57 Persen,” Badan Pusat Statistik, January 15, 2025,
https://www.bps.go.id/id/pressrelease/2025/01/15/2401/persentasependuduk-miskin-september-2024-turun-menjadi-8-57-persen-.html.
6 Fauzia, Filantropi Islam dan Keadilan Sosial.
7 Agus Fathuddin Yusuf, Melacak Bondo Masjid Yang Hilang (Semarang:
Aneka Ilmu, 2001).
4

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The Diversity of Islamic Javanese Kings’ Waqf
Management: Ruislag and Various Social Conflicts

patterns of disputes over the assets, such as the conflict between the
mosque administrator and the Mosque Welfare Body (BKM) from
the Indonesian Ministry of Religious Affairs. This dispute occurred
because the responsible institution had excessive authority in
managing the assets. In addition, the waqf replacement land used as
a solution for the ibdāl was deemed not better in terms of value and
size. In fact, for the legal purposes of the National Strategic Projects
(PSN), the government has established Presidential Regulation No.
52 of 2022, which outlines the mechanisms for addressing land
status and the processes for resolving various disputes.
Some previous research has examined waqf management in
general and ibdāl waqf or ruislag (a term in the Civil Code (KUH
Perdata) that means exchange or barter based on government
approval) at the specific level. The former is well represented by
Jarman Arroisi8 who explored the management of professionalism
among nāẓir to ensure that waqf assets become legally protected and
economically developed. It implies how legal protection becomes
important for securing waqf assets, as Damayanti et al9 and Saprida
et al10 also emphasized in their research, namely in order to prevent
any possible disputes. Meanwhile, the latter theme was well
explored by Ahmad Furqon, highlighting how land exchange
becomes of one methods used to optimize the waqf land by making
it more productive11 as well as Zulfikar Yusuf12 and Azzahro13
exploring the optimization of waqf land through istibdāl (asking for

Jarman Arroisi and Syamsuri Syamsuri, “Manajemen Wakaf Pondok
Modern Darussalam Gontor: Analisis Model Pemeliharaan, Pengembangan Wakaf
dan Kesejateraan Umat,” Ijtihad : Jurnal Hukum dan Ekonomi Islam 14, no. 2 (2020):
153–76, https://doi.org/10.21111/ijtihad.v14i2.4701.
9 Aulya Rachma Damayanti et al., “Konsep Wakaf dalam Ilmu
Manajemen,” Journal of Creative Student Research 1, no. 4 (2023): 01–21,
https://doi.org/10.55606/jcsrpolitama.v1i4.2211.
10 Saprida, Zuul Fitriani Umari, and Fitri Raya, “Sistem Pengeloaan Wakaf
Saham di Indonesia dalam Perspektif Hukum Islam dan Perundang-Undangan
Perwakafan,” Ekonomica Sharia: Jurnal Pemikiran dan Pengembangan Ekonomi Syariah
9, no. 2 (2024): 221–34, https://doi.org/10.36908/esha.v9i2.991.
11 Ahmad Furqon, “Penukaran Tanah Wakaf Masjid Agung Semarang
dalam Perspektif Fikih Istibdal,” Ijtihad : Jurnal Wacana Hukum Islam dan
Kemanusiaan 17, no. 1 (2017): 39–60, https://doi.org/10.18326/ijtihad.v17i1.39-60.
12 Muhammad Zulfikar Yusuf, “Optimalisasi Wakaf Tanah Perspektif
Istibdal (Studi Pada Harta Wakaf Pimpinan Daerah Muhammadiyah Kota
Yogyakarta),” Jurnal Magister Ekonomi Syariah 1, no. 1 (2022): 63–73,
https://doi.org/10.14421/jmes.2022.011-06.
13 Siti Fatimah Azzahro, “Istibdal Waqf: Sentiment Analysis,” The Economic
Review of Pesantren 1, no. 1 (2022): 1–8, https://doi.org/10.58968/erp.v1i1.199.
8

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the change) in the midst of challenges in achieving social acceptance
for the exchange.
Specifically about waqf land in relation to the national
infrastructure project, some research had also been conducted. To
mention some, there was found a study by Fikri Ariza14 examined
the practice of ibdāl waqf in the national infrastructure project of
Surabaya–Mojokerto toll road construction. Two others are
respectively about challenges in infrastructure development
beyond the toll road project, as indirectly causing the practice of
ibdāl waqf land, and the one explaining the disparity in changes to
the status of waqf property affected by the land acquisition
initiative.15 Conflicts around waqf land exchange were, furthermore,
particularly explored by Wahyu Nugroho,16 highlighting waqf asset
retraction and dispute resolution mechanisms for waqf land,
including non-litigation methods such as deliberation and
mediation without going to court.
This research takes the same topic as the previous, namely the
conflicts following land exchange from Islamic Javanese kings
within northern coastal areas of Central Java, particularly in
Semarang, Kendal, and Demak, due to the national road project.17
The conflicts have created a negative image of the institutions
managing the assets and leading to disputes within the internal
community.18 However, this is different from those studies in terms

Fikri Ariza Achmad and Irham Zaki, “Implementasi Wakaf Istibdal
dalam Pembebasan Lahan Pembangunan Jalan Tol (Studi Kasus Pembangunan
Jalan Tol Surabaya-Mojokerto),” Jurnal Ekonomi Syariah Teori dan Terapan 6, no. 9
(2020): 1924–35, https://doi.org/10.20473/vol6iss20199pp1924-1935.
15 Latif, “Kajian Yuridis Pengadaan Tanah Untuk Pembangunan Jalan Tol
Batang-Semarang Ii Seksi V di Kota Semarang,” Jurnal Spektrum Hukum 15, no. 1
(2018):
124–38,
https://jurnal.untagsmg.ac.id/index.php/SH/article/download/1113/960.
16 Muhammad Wahyu Nugroho, “Penarikan Kembali Asset Wakaf Oleh
Ahli Waris Wakif (Studi di Kecamatan Mranggen Kabupaten Demak),” Tesis
(Universitas
Islam
Sultan
Agung
Semarang,
2022),
http://repository.unissula.ac.id/id/eprint/27638.
17 Misbachudin, “Tukar Guling (Ruislag) Tanah Wakaf Pada Proyek Jalan
Tol Pejagan-Pemalang di Kabupaten Tegal Perspektif Hukum Islam,” Tesis
(Institut
Agama
Islam
Negeri
Purwokerto,
2018),
https://repository.uinsaizu.ac.id/4242/.
18 Eka Srimulyani et al., “Diaporic Chinese Community in Post Conflict
Aceh : Socio-Cultural Identities and Social Relations with the Acehnese Muslim
Majority,” Al-Jami’ah: Journal of Islamic Studies 56, no. 2 (2018): 395–420,
https://doi.org/10.14421/ajis.2018.562.395-420.
14

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The Diversity of Islamic Javanese Kings’ Waqf
Management: Ruislag and Various Social Conflicts

of the focus and theoretical framework.19 This research employs a
multidisciplinary approach, combining a normative approach to
examine the legal framework of ibdāl waqf from the perspective of
Islamic legal schools of thought and a sociological approach to
analyze the conflicts. Thus, this study has three main objectives,
which are: to identify varieties of management and utilization of
waqf; to examine legal diversity of land exchanges involving waqf
lands affected by the national road, and to explore the conflicts that
arise due to disputes over ibdāl waqf.
Methods
Relying on qualitative analysis, the approach chosen in this
research involves Islamic jurisprudence, namely various schools of
law’s thought on waqf management, wāqif and naẓir, as well as a
legal approach integrated with a socio-anthropological
perspective.20 They are deemed compatible with the case of legal
choice made by naẓir regarding the ownership status of waqf
properties and the form of exchange (ibdāl).
The primary data sources come from those engaged in the
process of redistributing waqf land, exchanging waqf properties
(ruislag), and changing the status of waqf land and buildings.21 It
covers local government, community, and administrators of the
waqf impacted by the road development.22 Other than interviews
with those mentioned, we also made observations on the naẓir
performance in the process of managing and coping with waqf
ownership disputes. Document studies, meanwhile, were targeted
at scientific journals, books, historical records, and applicable
laws.23
Analysis of data from the field, both theoretically and
philosophically, consists of three steps. This means that data
obtained from literature studies and field research were analyzed
using descriptive-qualitative techniques aimed at reducing,

19 Didik G. Suharto and Aisyah Nur’ayni, “Pelaksanaan Tukar Guling
Tanah Kas Desa Untuk Proyek Pembangunan,” Jurnal Ilmu Administrasi Negara
(JUAN) 9, no. 1 (2021): 13–25, https://doi.org/10.31629/juan.v9i1.3121.
20 Mujahirin Thohir, Memahami Kebudayaan: Teori Metodologi, dan Aplikasi
(Semarang: Fasindo Press, 2007).
21 Harvey Russell Bernard, Research Methods in Anthropology : Qualitative and
Quantitative Approaches, 2nd ed. (Thousand Oaks: SAGE Publications Inc, n.d.).
22 Denzin and Lincoln, The SAGE Handbook of Qualitative Research (Thousand
Oaks: SAGE Publications Inc, 2011).
23 Dedy Mulyana, Metodologi Penelitian Kualitatif (Bandung: PT Remaja
Rosda Karya, 2004).

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presenting, and interpreting data with high-quality results.24 In
particular, the sociological perspective focused on the culture of
habits and living values of Central Javanese society.25
Result and Discussion
Variety of King's Waqf Assets and Their Management Patterns
Many historic mosques in Indonesia are invested in as waqfs
by kings.26 To mention some, there was Raden Fatah as a wāqif (waqf
givers) for Demak Mosque; Sunan Muria for Menara Kudus
Mosque; Sultan Abdul Qodir for Jamik Basal Mosque; Sunan
Pandanaran for the Semarang Grand Mosque, Sunan Gunung Jati
for Kauman Cirebon Mosque, Raden Rochmat or Sunan Ampel for
Ampel Mosque in Surabaya, and Sultan Agung for Yogyakarta's
Kauman Grand Mosque.27 Interestingly, each of those mosque waqf
assets has other existing assets, mainly productive lands, so that
although the name only reads mosques with specific names, it
actually covers productive land assets as well.28 The assets cover the
yard around the mosques, buildings on waqf land, as well as
productive rice fields.29
Specifically, to the waqf assets as a sample of this research,
namely those experiencing land exchange due to the national road
project, the majority of the waqf asset type is productive farming
land. In the Demak Grand Mosque, the waqf asset covers productive
farming land numbering 300 ha, the same as the waqf of Kendal
Great Mosque, numbering 44 ha of productive farming land,
Kaliwungu Kendal mosque with 23 ha, and 10 ha of waqf land from
Sunan Kalijaga. Another one is the asset of Semarang Grand

24 Bernard, Research Methods in Anthropology : Qualitative and Quantitative
Approaches.
25 Mujahirin Thohir, Islam Jawa Pesisiran (Semarang: Fasindo, 2002).
26 Furqon, “Penukaran Tanah Wakaf Masjid Agung Semarang dalam
Perspektif Fikih Istibdal.”
27 Hidayatus Sholihah and A. Zaenurrosyid, “Islamic Philanthropy
Development Model Based on Management of Waqf Treasure Improvement on the
Mosques of the Northern Seaboard of Java,” in Proceedings of the 2nd Southeast Asian
Academic Forum on Sustainable Development (SEA-AFSID 2018), vol. 168 (Atlantis
Press, 2021), 63–70, https://doi.org/10.2991/aebmr.k.210305.012.
28 Zahratul Faizah et al., “Pentingnya Legalitas dan Pemanfaatan Aset
Waqaf (Wakaf Produktif),” JKA - Jurnal Kolaboratif Akademika 1, no. 2 (2024): 1–10,
https://doi.org/10.26811/hy5er402.
29 M. Iqbal et al., “Implementasi Good Coorporate Governance Terhadap
Pengelolaan Wakaf Produktif Pada RSU Haji Medan,” MUQADDIMAH: Jurnal
Ekonomi, Manajemen, Akuntansi dan Bisnis 2, no. 2 (2024): 211–18,
https://doi.org/10.59246/muqaddimah.v2i2.746.

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Management: Ruislag and Various Social Conflicts

Mosque with 112 ha. land.30 Seemingly look the same, each of those
samples has different dynamics within the management of assets.
A functionary of the Semarang Grand Mosque (MAS; Masjid
Agung Semarang), Muhaimin, for instance, told us as follows:
“MAS originally managed 121 hectares of land granted
by the first Regent of Semarang. Mostly, it is managed
in the farming sector, while the rest is in rent, car wash,
and grocery store.“
Accordingly, the management of waqf assets in Kaliwungu
Mosque Foundation manages the same way as mentioned here;
“The 23 hectares of waqf land managed by the
Kaliwungu Mosque Foundation were previously under
the control of the Mosque Welfare Body (BKM) Kendal.
It has been designated for the benefit of people of
Kaliwungu since the colonial period".31
The two excerpts might not well represent the dynamics of
other mosques’ management. However, it is found three patterns of
into what sector the waqf asset is managed. The first is the
agricultural management of waqf land in the form of rice fields by
cooperating with farmer groups. For instance, the waqf land of the
Demak Grand Mosque has yielded approximately IDR 4 billion
annually from this sector using the auction mechanism among local
farmers.32 On a smaller scale, the nāẓir of Kaliwungu mosque
manages productive farming lands with annual revenue ranging
from 500-700 million.33 The second is partly agriculture, with others
for rent service, like the waqf land of the Kendal Grand Mosque.34
The third is full allocation in business management at various
sectors. In the Demak Grand Mosque, waqf assets are managed in
productive sectors like market shops and hostels. Some are
30 Furqon, “Penukaran Tanah Wakaf Masjid Agung Semarang dalam
Perspektif Fikih Istibdal.”
31 Hafidzin, a some kyais as Nadhir Kaliwungu Mosque Foundation,
Interview, 2023.
32 Makmun, a Religious Leader Kendal Grand Mosque Foundation,
Interview, 2023.
33 Mujahirin, a Kyais as Nadhir Kaliwungu Mosque Foundation, Interview,
2023.
34 Ubaidillah, a Religious Leader as as nazhir Kendal Grand Mosque
Foundation in Kendal, Interview, 2023.

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auctioned (reaching a value of IDR 5 billion per year), and others
are used for market, training center, and office, with a productive
area of 26,8 hectares.35 Accordingly, productive land around the
Kaliwungu mosque is used for a parking area as well as small shops
for rent. Before, the Kaliwungu waqf asset management had run a
public transportation business, yet it did not work well. In Kendal
Grand Mosque, its side areas of national land waqf assets are made
a business sector in 9 shophouses for rent with annual revenue
numbering tens of millions IDR.
The diversity of waqf management implies that nāẓir try many
ways so that the assets can result in a positive contribution to people
through various sectors. Seemingly, this is also made in line with
the type of waqf, where it is located, and on what profitable sector
to choose in order to gain promising results. Therefore, it makes
sense to find diverse sectors where waqf is managed. Meanwhile,
who manages the waqf assets and to what sector it is aimed for can
be well visualized in Figure 1.

Figure 1. Management of waqf assets from Javanese kings
Figure 1 makes it clear that there are at least three categories
of who manage the waqf assets: individuals, legal entities, and
foundations, although to some extent, the three are overlapping
with one another. Additionally, one of those assets is managed by a
combination of two, namely the Semarang Grand Mosque,
managed by BKM Semarang, and the Semarang Grand Mosque
Foundation. Meanwhile, the nāẓir for Sunan Kalijaga waqf asset
comes from individuals within his descendants, which was later
turned into a foundation called Yayasan Sunan Kalijaga Kadilangu
(YSKK) Demak. Meanwhile, nāẓir in legal entities can be well
35 A. Zaenurrosyid et al., “The Dynamics of Productive Waqf Management
of Islamic Kingdom Property in Java,” Al-’Adalah 21, no. 1 (2024): 149–74,
https://doi.org/10.24042/adalah.v21i1.16384.

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Management: Ruislag and Various Social Conflicts

represented through BKM Semarang, BKM Kendal, and BKM
Demak for organizing respectively Semarang Grand Mosque,
Kendal Grand Mosque, and Demak Grand Mosque. As for the
foundation as the nāẓir can be seen from Kaliwungu Mosque
Foundation, Kendal Grand Mosque Foundation, and Semarang
Grand Mosque Foundation.
Meanwhile, the results of waqf asset management are allocated
for three aspects, namely the maintenance of religious facilities, the
establishment of educational institution infrastructure, and the
enforcement of health facilities and social justice. The first aspect is
mostly found in the betterment of mosque, small mosque (mushallā),
or Javanese king cemetery, such as those of Raden Fatah, Pangeran
Benowo, Sunan Kalijaga, Mbah Joko, and Tuan Guru Asy’ari. The
second is mainly in building libraries and reading center facilities,
improving madrasa, pesantren, majlis taklim (Islamic learning mass
for adults), Qur’anic learning forum (TPQ) for children, or other
courses, as well as organizing Islamic mass learning (pengajian) and
annual commemoration of Javanese kings and saints’ death (haul).
It seems that this second aspect becomes the priority program from
nāẓir of Kendal, Kaliwungu, and Demak Mosques.36 The last aspect
is in the improvement of health facilities and enforcement of social
justice, ranging from building clinics, shelters, traditional market
relocation, purchase and care service of free ambulances,
organizing mass circumcision events, as well as alms for the poor
and orphans. This becomes a concern of the Demak Grand Mosque
dan the Semarang Grand Mosque.37
The Process of Ibdāl Waqf for National Roads and the Perspective
of Islamic Law
Some of the waqf assets from the kings are impacted by the
national road project construction requiring for exchange.38 It is
according to the Central Java Governor Decree No. 590/20 of 2018,
which approved some locations to be land acquisition spots for
additional national road sections in Java. The road construction
project crosses 12.12 ha in Central Java province. It has been
targeted to get finished within a few years. For waqf land,
compensation can only be provided through exchanges as
36 Sugianto, as Staff of Mosque Welfare Agency (BKM) Demak, Interview,

2023.

37 Asyiqin, Chairman of the Management of the Great Mosque of Demak,
Interview, 2023.
38 Mukhyar Fanani, Berwakaf Tidak Harus Kaya, Dinamika Pengelolaan Wakaf
Uang di Indonesia (Semarang: Walisongo Press, 2010).

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regulated in Government Regulation (PP) No. 25 of 2018 regarding
Amendments to PP No. 42 of 2006 on the Implementation of Law
No. 41 of 2004 on Waqf, and PP No. 19 of 2021 on Land Acquisition
for Public Purposes.39
In Semarang, the exchange of 119,1270 hectares of land occurs
with the objective of covering (deemed more profitable) farming
and productive land numbering 250 ha.40 The problem arose when
it was found that the land certificate of the (new) land was fictitious,
bringing to an end that the returned asset only covers 119 ha as the
property of the Semarang Grand Mosque. Additionally, the nāẓir
also got compensation money, amounting to 4.7 million IDR. The
informant told us the story in brief as follows:
“However, over time, the (new) land became disputed
and was found to be fictitiously claimed by Tjipto
Siswoyo, a Chinese businessman from PT. Tensindo,
which bought land from PT. Sambirejo. In other words,
the replacement land certificate was fictitious (fake),
thus triggering a dispute among relevant parties. On
December 17, 1999, thousands of Muslims held a
demonstration demanding the return of the land to
Tjipto. After being returned to Semarang Grand
Mosque, the land was controlled by the BKM
Semarang.”
This first case makes it clear that the ibdāl was done for good,
namely by taking more profitable assets, at least from the width of
the land. The plot showed how the ibdāl aimed for more profitable
waqf assets, implying that the original asset had a strategic position
and big potential for benefits. Accordingly, a part of the Demak
Grand Mosque assets covering approximately 350 ha, which a part
of it, 39.401 m, was exchanged for approximately the same land in
size. This inevitably triggers a small conflict among the
congregation members of the mosque due to the assumption that
the asset they would get was not as good as the asset they would
have exchanged. However, it did not turn into a big conflict as the
39 Misbachudin, “Tukar Guling (Ruislag) Tanah Wakaf Pada Proyek Jalan
Tol Pejagan-Pemalang di Kabupaten Tegal Perspektif Hukum Islam.”
40 Achmad Irwan Hamzani and Mukhidin Mukhidin, “Perlindungan
Hukum Terhadap Harta Benda Wakaf Sebagai Aset Publik di Kecamatan Wiradesa
Kabupaten Pekalongan,” Ijtihad: Jurnal Hukum dan Ekonomi IslamJurnal Wacana
Hukum
Islam
dan
Kemanusiaan
16,
no.
2
(2017):
159–77,
https://doi.org/10.18326/ijtihad.v16i2.159-177.

237

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The Diversity of Islamic Javanese Kings’ Waqf
Management: Ruislag and Various Social Conflicts

exchange immediately took place involving the relevant parties.
Moreover, the exchange asset was found to be bigger, namely 77.066
m, scattered in 4 villages in the Demak area.
Accordingly, the exchange of Kaliwungu Mosque and Grand
Kendal Mosque, with respective sizes numbering 23 ha and 44 ha,
triggered a small conflict among their beneficiaries. This was caused
by the assumption that the exchange was not apple-to-apple. The
existing waqf land is deemed to have greater benefits, while the new
one is not sufficient for exchange. Finally, it was agreed that the
exchange took place with productive farming land. Meanwhile, the
exchange of Sunan Kalijaga's waqf assets had been done through a
30 billion IDR payment as compensation for 10 ha of farming land
scattered in three sub-districts, namely Sayung, Wonosalam, and
Demak.
In addition to it, the process of ibdāl also reveals another fact
about the absence of some waqf asset official certificates.
Specifically, some assets of the Kendal and Demak Grand Mosques
were found to lack those documents, so that they once received
special. In such cases, waqf managers are asked to submit a written
submission to the Regional Office of the Ministry of Religion so that
the assets can be claimed and the exchange process can be
continued.41 The absence of a waqf property certificate also
happened in Sunan Kalijaga waqf assets, leading to a hard situation
because the validity of the certificate is a reference for legal force. In
fact, some waqf assets do not have authentic evidence adjudicating
that the land is a waqf asset.42 Therefore, it is a must for the nāẓir
who manages the waqf to keep the certificate of waqf assets while
managing it for the benefit of the community by continuing the waqf
in the form of empowerment.43
This is in one vein with the interview result with Gus Atan, the
Chief of Zawa at the Regional Office of the Ministry of Religious
Affairs (Kanwil Kemenag) Central Java for the 2022–2023 period as
follows;

41 G. Suharto and Aisyah Nur’ayni, “Pelaksanaan Tukar Guling Tanah Kas

Desa Untuk Proyek Pembangunan.”
42
Islamiyati, “Penyelesaian Sengketa Tanah Wakaf Yang Tidak
Tersertifikasi di Wilayah Pesisir Utara Jawa Tengah,” Masalah-Masalah Hukum 47,
no. 1 (2018): 71–80, https://doi.org/10.14710/mmh.47.1.2018.71-80.
43 Mohammad Noviani Ardi, Dina Yustisi Yurista, and Suci Ramadhan,
“Waqf Fundraising Strategy for Islamic Boarding’s Independence,” Ijtihad: Jurnal
Wacana Hukum Islam dan Kemanusiaan 20, no. 1 (2020): 1–21,
https://doi.org/10.18326/ijtihad.v20i1.1-21.

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A. Zaenurrosyid, et al.

"The waqf lands affected by this project should have
proof of ownership; however, in these cases, a few are
still in the process of completing legal documents,
which has led to waqf disputes. The Ministry has
informed each of the administrators that part of the land
must be converted into waqf land as a result of the
National Road project in Java”.44
In Islamic jurisprudence discourse, this exchange or ruislag
term is called ibdāl, namely exchanging land with other land as a
replacement. It is understood as the exchange of waqf property
without using money as compensation, but by replacing it with
another item of equivalent value.45 Therefore, this occurs in the first
four cases, because the fifth one is exchanged to money cash and
there is no more updated data about how or to what sector the cash
is managed. There were various views regarding the transferring
functions of the waqf discussed in the various books of Islamic
jurisprudence.46 Some of them, mainly the Hanafi school of
thought,47 argued that the waqf can be replaced with other property,
such as land, which cannot be moved.48
More or less, it is in line with the civil law article 1541, which
states that the exchange demands agreement between two parties
to give and receive certain goods in exchange for other goods.49
Ruislag, which converts waqf assets into other types of assets, is
permissible if the exchange corresponds to an object that can be
more profitable or valuable, or at least of comparable worth.50 In the
context of replacing waqf land in Semarang, Demak, and Kendal, the
waqf land was exchanged for larger replacement land. However,
this did not happen in one shot because they found a sort of
44 Atan, as Chief Zawa of Kanwil Kemenag in Central Java, Interview, 2024.

45 Lutfi El Falahy, “Alih Fungsi Tanah Wakaf Ditinjau dari Hukum Islam
dan Undang-Undang Nomor 41 Tahun 2004 Tentang Wakaf,” Al Istinbath: Jurnal
Hukum Islam 1, no. 2 (2016): 121–40, https://doi.org/10.29240/jhi.v1i2.117.
46 Al-Imām Yahya Ibnu Muhammad al-Khaţţab al Malikī, Ahkam Al Waqfi
(Beirut: Dār Ibnu Hazm, 2009).
47 Muhammad Abid Abdullah Al-Kabisi, Kajian Kontemporer Pertama dan
Terlengkap Tentang Fungsi dan Pengelolaan Wakaf Serta Penyelesaian Atas Sengketa
Wakaf Jakarta (Jakarta: IIMaN Press, 2003).
48 Mundzir Qahf, Al-Waqf Al-Islamī: Tatawwuruhu, Idāratuhu, Tanmiyyatuhu
(Damascus: Dār Fikr, 2000).
49 Jaih Mubarok, Wakaf Produktif (Bandung: Simbiosa Rekatama Media,
2008).
50
Islamiyati, “Penyelesaian Sengketa Tanah Wakaf Yang Tidak
Tersertifikasi di Wilayah Pesisir Utara Jawa Tengah.”

239

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The Diversity of Islamic Javanese Kings’ Waqf
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rejection in receiving the new land to exchange. In other words, the
firstly land offered for exchange was not well accepted, so there
should be more searching to get better goods worthy of exchange
and agreed upon by both parties.
Meanwhile, technically, the judge is permitted to decide the
replacement of the waqf due to emergency circumstances.51 This
emergency is the main consideration as to whether or not the waqf
can be replaced. Based on observations and interviews with several
waqf property managers, the exchange of waqf land has indeed been
carried out. While some assets have been successfully replaced,
others remain problematic for respective waqf managers. It is also
found that the waqf land from the kings in Java is mostly guided by
the Imam Hanafi school of thought. This school thinks that the land
of waqf may be exchanged with consideration of public interest,
such as national roads.52 The majority of the actors managing the
waqf assets of the Grand Mosque in Kendal, Kaliwungu, Semarang,
and Demak stated that in carrying out the ibdāl waqf, they were
guided by the waqf law No. 4 of 2004, which mainly refers more to
the Hanafi school of thought. It mentions that waqf assets are legally
permissible to be exchanged (ruislag) with other assets if they meet
the requirements determined by Sharia, such as for the sake of
public interest. Accordingly, based on the General Spatial Planning
Master Plan, the land endowments of the Javanese Islamic kings can
be exchanged with other assets to construct the Trans-Java National
Road.53
Conflict and Resolution around Ibdāl Waqf
In general, waqf assets have high economic values, inclining
relevant parties to claim management over others, thus giving rise
to social conflicts with various plots.54 Along with the development
of the waqf in various sectors, the dynamic of running it poses a
challenge to deal with. Among others, the transportation sector’s
impact on the sustainability of waqf assets, as some of them lie in

51 Hamzani and Mukhidin, “Perlindungan Hukum Terhadap Harta Benda

Wakaf Sebagai Aset Publik di Kecamatan Wiradesa Kabupaten Pekalongan.”
52 Syafi’i Antonio and Junaidi, Pengelolaan Wakaf Secara Produktif dalam
Menuju Era Wakaf Produktif (Jakarta: Mumtaz Publishing, 2008).
53 Syaikhu et al., “The Empowerment of Infaq and Waqf Evaluation in Light
of Maqasid Al-Sharia Perspective in Mosques in Palangka Raya, Indonesia.”
54 Ani Yumarni et al., “The Meaning of ‘Amânah’ and ‘Trust’ in the
Appointment of Nâzhir in Indonesian Endowment Regulations,” Al-’Adalah 20, no.
1 (2023): 115–36, https://doi.org/10.24042/adalah.v20i1.14517.

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designated areas for road building.55 The great challenge is mainly
in the acquisition of some waqf lands so that the construction of
transportation lines could take place as planned. In exchanging the
asset, the procedural process can be carried out by submitting a
request for approval to the relevant agency (Toll Road Regulatory
Agency/BPJT, under the Ministry of Public Works and Public
Housing/PUPR) to obtain replacement land of equivalent value,
including the value of the replacement building. Therefore, the
process of exchanging waqf assets can actually be resolved
peacefully and procedurally without triggering any conflict.
However, during the land acquisition process, some disputes
have inevitably emerged.56 This occurred in the case of Semarang
Grand Mosque, Demak Grand Mosque, Kendal Grand Mosque, and
the waqf land from Sunan Kalijaga. The exchanged new land of the
Semarang Grand Mosque turned out to be manipulated with
extensive fraud of fake land certificates.57 At first, it was assumed
that the exchange would bring in great revenue because the new
land is much larger than the old one. Unfortunately, it turned out
that a prolonged dispute occurred following the revealed truth that
the new land’s certificate on the coast of Demak was fictitious.
Meanwhile, the case of the Demak and Kendal Grand
Mosques waqf assets exchange was initially caused by the size
inequality of the new and old lands to be exchanged. The conflict
was solved by providing approximately the same land in size for
the exchange. Another plot came from the case of Sunan Kalijaga
waqf assets land, in which the compensation money of 30 billion
became up for grabs between Sunan Kalidjogo Foundation and
Sunan Kalijaga Foundation. This clearly shows how waqf asset
exchange is very prone to conflict.
In addition to the conflict with external parties, there are also
conflicts among internal parties. This particularly happens in a
struggle to obtain legal status to become the manager of the waqf
assets or nāẓir.58 It can be seen in the conflict between the nāẓir of
55 Khairul Anwar Mohd Nor et al., “Islamic Philantropy Adaptation
Towards Financial Social Exclusion Among Independen Oil Palm Smallholder,”
Etikonomi 21, no. 2 (2022): 369–82, https://doi.org/10.15408/etk.v21i2.18677.
56 Misbachudin, “Tukar Guling (Ruislag) Tanah Wakaf Pada Proyek Jalan
Tol Pejagan-Pemalang di Kabupaten Tegal Perspektif Hukum Islam.”
57 Ja’far Baehaqi, Nur Khoirin, and Rosman Pangestu, “Rekayasa Hukum
dalam Penggantian Obyek Wakaf (Studi Kasus Tukar Guling Tanah Wakaf Untuk
Proyek Jalan Tol Semarang-Demak),” LP2M UIN Walisongo Semarang (Semarang,
2022), https://eprints.walisongo.ac.id/id/eprint/19626/.
58 Mohd Nor et al., “Islamic Philantropy Adaptation Towards Financial
Social Exclusion Among Independen Oil Palm Smallholder.”

241

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The Diversity of Islamic Javanese Kings’ Waqf
Management: Ruislag and Various Social Conflicts

Semarang Grand Mosque and BKM under the Ministry of Religious
Affairs (Kemenag) of Semarang City after the ibdāl took place.59
Likely, it was also found at Kaliwungu Mosque and Grand Kendal
Mosque. They were both once managed by BKM of Religious
Affairs Kendal before the management was returned to the
Foundation of the Grand Kendal Mosque and the Grand Kaliwungu
Mosque, respectively. A persistent and irreconcilable conflict
becomes a situation in which the conflict rises to the surface and
then becomes an institutional confrontation between the parties.
Apart from who deserves more to manage the waqf assets, this
indicates a pattern in which every time waqf assets were about to be
exchanged, another dispute occurred.
The diversity of conflicts over the waqf assets with relevant
information can be described in Table 1.
Table 1. Diversity of Conflict, Cause, Duration, and Resolution
Methods.
No

Waqf Land

Cause of Conflict

Duration

1.

Semarang
Grand
Mosque
asset
(Semarang,
Central
Java)

1) The conflict
on (new) waqf
asset with 200
ha which was
found to be
legally
fictitious
2) Conflict over
management
right of waqf
assets
between
Management
of Semarang
Grand
Mosque and
BKM Kemenag
Semarang
1) Conflict over
management
right of waqf

More than
10 years

2.

Kaliwungu
Grand
Mosque

Resolution
Method
Court trial;
Demonstration;
mediation &
government
intervention

More than
5 years

Peace
settlement
through
mediation by
the Central Java
Provincial
Government

Around 2
years

Demonstration
and resolution
at the Regional

59 Yasin Arief S. and Tali Tulab, “Model Pengelolaan Tanah Wakaf di Kota
Semarang,” Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam 2, no. 1 (2018): 63–
80, https://doi.org/10.30659/jua.v2i1.3570; Mohd Nor et al., “Islamic Philantropy
Adaptation Towards Financial Social Exclusion Among Independen Oil Palm
Smallholder.”

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A. Zaenurrosyid, et al.

(Kendal,
Central
Java)

3.

Kendal
Grand
Mosque
(Kendal,
Central
Java)

4

Demak
Grand
Mosque
(Demak
Bintaro,
Central
Java)

5

Waqf Land
from
Kanjeng
Sunan
Kalijaga
(Demak,
Central
Java)

243

assets
between
BKM
Kemenag
Kendal and
Management
of Kaliwungu
Grand
Mosque
Foundation
2) Conflict over
whether the
exchange is
worth doing
Minor disputes
over the transfer
of waqf land for
national road
projects and
market
expansion due
to assumed
inequality of
both assets
1) Conflict over
Waqf Land
Management
Rights
2) A minor
dispute
because of
deemed
inequality
waqf land
exchange
Conflict over
the right to
manage waqf
land and
compensation
money
between The
Sunan Kalijaga
Kadilangu
Foundation
and The Sunan

Parliament
(DPRD) level

Around 2
years

Demonstration
and mediation
at the Regional
Parliament
(DPR) level

Around 1
year

Deliberation
and mutual
agreement
among the
parties

Around 2
years

Court trial

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The Diversity of Islamic Javanese Kings’ Waqf
Management: Ruislag and Various Social Conflicts

Kalidjogo
Kadilangu
Foundation

Table 1 shows how conflict over waqf assets can happen
among both internal parties and with external parties. Mostly, it is
about claimed authority among several parties in managing waqf
assets, including whether it will be exchanged, whether it is worthy
of exchange, who will manage it after the ibdāl takes place, and to
what sector it will be managed. Therefore, frankly speaking, the
conflict will likely remain to happen whether or not the exchange is
impacted by the national road building project. For instance,
conflict between some kiais from the Semarang Grand Mosque
Foundation and the BKM of Religious Affairs in Semarang has led
to the emergence of a situation that has brought about a prolonged
conflict.60 Several foundation members managing MAS have
ignited conflicts, reflecting dissatisfaction with the working
patterns of the officials at the Regional Office of the Ministry of
Religious Affairs in Semarang. Witoyo, a functionary of MAS,
testified like this;
“The waqf property of Ki Ageng Pandanaran is clearly
for the Kauman Semarang Grand Mosque. Why was it
confiscated and managed by BKM? It is because they see
that this property has a lot of economic value. So,
because I also know the bureaucracy, we are fighting for
the ownership and proper use of this waqf property for
the prosperity of the community”.61
The excerpt implied how intricate this case is. Moreover, the
waqf land asset of MAS in Semarang City has long been managed
and thus brings in economic advantages, although some consider it
not to be in very good management and revenue distribution. The
assumption closely relates to the fact that a few of the MAS waqf
assets have been illegally inhabited for quite a long time.62
In a broader scope, there is a diversity of dispute typologies
from the cases of the mentioned waqf assets. The conflict occurred
between social actors of waqf asset management institutions, either
in legal entities, foundations, or individuals. This seems relevant to
60 Attan Zavaron, Kabid Zakwa of the Religious Department on Central
Java, Interview, 2023.
61 Witoyo, as Functionary of MAS, Interview, 2016.
62 Yusuf, Melacak Bondo Masjid Yang Hilang.

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A. Zaenurrosyid, et al.

Robertson, who viewed that social change is sometimes damaged
by tension and competition in society.63 In the context of the
mentioned waqf assets, this has turned into a conflicting relationship
because of the emergence of various parties trying to control the
profits of the assets. Theoretically, conflicts within a community are
something normal.64 The Waqf Law Number 41 of 2004 itself
mentions that the best way to resolve a waqf dispute is to negotiate
a mutual agreement.65 In this talk, some typical forms of conflict
among engaging parties have been observed.
The first type is rough conflict, a form of fight that appears
on the social surface in colossal pattern, engaging a lot of people and
a large amount of money or asset values. The former can be seen in
the case of waqf land of Semarang, Kaliwungu, and Kendal Grand
Mosques, going through a long process and mass demonstration,
while the later is at Sunan Kalijaga waqf assets with a big
compensation money, Semarang Grand Mosque with a hundred
hectares of land asset and Kendal Grand Mosque with dozen
hectares of land asset.
The second type of conflict is semi-rough, namely, a secret fight
among engaging parties. In this context, the conflict occurs
internally within individuals in a circle. This conflict has the
potential to become violent when it is not managed by more
authoritative authorities. This form of conflict is evident in the
dispute between Nāẓir over the authority to manage waqf assets in
those five samples. Regarding the MAS waqf assets, for example,
the nāẓir from BKM MAS continues to disagree with BKM
Semarang regarding the allocation of management authority and
the outcomes of the MAS waqf assets management, even after PT
Tesindo returned 119 ha of land waqf. Likewise, the impact of ibdāl
waqf for the sake of the national road project at Kendal Grand
Mosque and Demak Grand Mosque has resulted in a semi-rough
dispute over the replacement land, which is still considered
unsuitable.
The third is subtle conflict. Some conflicts result from clashing
views of engaging parties, sometimes related to various interests.
This conflict type exists but does not give rise to strong social unrest.
63 Roland Robertson, “Globalisation or Glocalisation?,” The Journal of
International
Communication
1,
no.
1
(1994):
33–52,
https://doi.org/10.1080/13216597.1994.9751780.
64 Robertson Roland, Globalization: Social Theory and Global Culture, 2nd ed.
(New Delhi: SAGE Publications Inc, 1992).
65 Imam Suhadi, Wakaf Untuk Kesejahteraan Umat (Yogyakarta: PT Dana
Bhakti Prima Yasa, 2022).

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The Diversity of Islamic Javanese Kings’ Waqf
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Some are easy to overcome because the level of conflict is light, and
the conflict management pattern is subtle. Mostly, it occurs due to
the seniority level. Subtle conflicts occur because of the seniority
within naẓir of waqf institutions. This conflict type is furthermore
caused by the struggle for authority in determining various
directions of waqf institution policies, including those related to the
road-building project.66 A clear example is from the Kaliwungu
mosque case. Under normal circumstances, these conflicts are not
very visible on the surface, but the conflict still actually exists,
hidden in each individual who has different views, desires, and
work programs within the internal management of the waqf
institution. Observations on the ground also indicate that there is a
possibility of a dispute among the nāẓir and other related
institutions because of the lack of a transparent accountability
report of waqf property management and revenue.67 Therefore, it is
essential to have a highly integrated nāẓir with good managerial
skills to develop the waqf assets effectively.68
From the whole conflict case, it is clear that the conflict that
emerges in this social sphere reflects a power struggle among
management parties, religious figures, and bureaucratic
administrative institutions.69 These conflicts can actually be
minimized if each institution effectively fulfills its designated
functions. This is entirely feasible as the communal spirit of waqf
administrators is rooted in the commitment to uphold the mandate
of Allah’s wealth for the benefit of the people.70 Thus, a good
management system and the sincerity of the nāẓir human resources
are needed so that waqf assets can be controlled and managed
properly.
Conclusion
Waqf, in its original epistemic context, is intended to
promote the welfare of society (ummah) through assets entrusted by
the wāqif, including when these assets originate from Islamic kings
66 Zaenurrosyid et al., “The Dynamics of Productive Waqf Management of
Islamic Kingdom Property in Java.”
67 Tatan, as Chief Zawa of Kanwil Kemenag Central Java, Interview, 2023.
68 Sudiyo and Fitriani, “Lembaga Ziswaf Sebagai Lembaga Filantropi Islam
dan Pemberdayaan Masyarakat di Kota Bandar Lampung Ziswaf Institution as
Islamic Philanthropy Institute and Community Empowerment in Bandar
Lampung City,” in Prosiding Seminar Nasional Pengembangan Teknologi Pertanian,
2019, 85–89, https://doi.org/10.25181/prosemnas.v0i0.1591.
69 Sudiyo and Fitriani.
70 George Ritzer and Donglas J. Goodman, Teori Sosiologi Modern (Jakarta:
Prenada Media Group, 2003).

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A. Zaenurrosyid, et al.

in Java. Ideally, waqf serves as a tool for empowerment. This study
finds that various patterns of waqf management and utilization align
with both Islamic law and positive law. However, a significant
challenge arises from conflicts, such as the effort to claim power as
the most entitled party to manage waqf assets or disputes over the
validity of certificates and the allocation of waqf land management.
Specifically, this happened because some waqf assets were affected
by the national road project, necessitating an exchange (ibdāl waqf).
The dispute does not stem from differing interpretations of ibdāl
waqf, as it follows the Hanafi school of thought and Indonesia’s
waqf law (UUW), which permits such exchanges if they serve the
greater good. Instead, the ongoing conflict primarily results from
competing interests among management institutions and issues
related to waqf certificates. These conflicts manifest in various forms,
including public demonstrations, legal disputes between
institutional leaders brought to court, and subtler tensions among
naẓir. A limitation of this study is its focus on tracing the nature of
conflicts among waqf managers affected by the national road project,
particularly those resolved through communal and traditional
approaches. Future research should explore more comprehensive
conflict mediation models and strategies to foster collegial
awareness among waqf managers, ultimately advancing a more
trustworthy and modern waqf institution supported by digital
technology.
Acknowledgment
The author expresses gratitude to the entire faculty of the Faculty of
Islamic Studies and the Research and Community Development
Institute at Unissula Semarang. This research received support from
the Institute for Research and Community Development (LPPM).
The author takes full responsibility for the research results and
would like to extend heartfelt thanks to the reviewers and the
editorial team of the journal Al-Ihkam for their valuable efforts and
constructive suggestions.
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