Examining Legal Certainty in Online Cash Waqf: The Role of Witnesses in Indonesian Islamic Philanthropy

Relevance. This study explores the legal and practical relevance of witness presence in the implementation of online cash waqf at the Amil Zakat, Infaq, and Sadaqah Institution (LAZIS) Sabilillah Malang. Article 17 of Indonesia’s Waqf Law (Law No. 41 of 2004) prescribes that a waqf pledge (ikrar wakaf) must be declared in the presence of two witnesses before an authorized official. However, the transition to digital waqf practices presents challenges to the traditional legal structure, especially in terms of compliance with witness requirements and the legal certainty of digitally executed waqf pledges. Methods and Methodology. This research adopts a normative legal approach (doctrinal legal research) supported by statutory analysis, legal interpretation, and a limited case study of LAZIS Sabilillah Malang. Primary legal sources include national laws on waqf, electronic transactions (ITE Law), and data protection, while secondary materials encompass scholarly writings, fatwas, and guidelines from the Indonesian Waqf Board (BWI). The study also draws on interviews with waqf practitioners to understand the practical implementation of online waqf.