The Authority of Heirs in Dismissal and Replacement of Nadzir: Discourse on the Contextuality of Waqf Rules in Indonesia and Islamic Law

Article 6 paragraph (4) Implementation of the Waqf Rules provides opportunities for heirs to change and replace nadzir. However, these rules create a gap for heirs to transfer waqf assets to other nadzir. This research aims to determine the authority of heirs to change and replace nadzir in Indonesian and Waqf law and Islamic legal rules. This research is normative legal research with a statutory and conceptual approach. This research reveals that Article 6 paragraph (4) Implementation of the Waqf Rules gives the heirs the authority to make proposals for the dismissal and replacement of the nadzir, if the nadzir who manages the waqf assets is deemed unable to carry out his duties, the authority possessed by the heirs, in this case, is not absolute because the final authority to dismiss and replace nadzir rests with PPAIW and BWI. Therefore, the heirs’ form of authority is limited to proposing and providing advice regarding the dismissal and replacement of nadzir on managed waqf assets.