Social Recognition and Legal Certainty in Informal Land Transactions through Ḥifẓ al-MālI

Abstract

Shocking Line: Land ownership may be socially recognized and economically valuable, yet informal transactions can leave legitimate property interests vulnerable to legal uncertainty and competing ownership claims. Purpose of the study: This study examines the practices, ownership origins, documentary evidence, motivations, and perceived risks of unregistered land transactions in Tampo, Indonesia, and evaluates their implications for legitimate ownership, legal certainty, dispute prevention, and public welfare through the principle of ḥifẓ al-māl. Methods: Employing a normative–empirical legal design, this study integrates socio-legal inquiry with Islamic legal analysis. Data were collected through semi-structured interviews with 13 purposively selected informants, observations, and documentation during March–May 2026. Qualitative analysis involved data reduction, thematic presentation, conclusion verification, and triangulation across sources, methods, and collection periods. Findings and discussion: The findings reveal that informal land transfers rely on inheritance, cultivation, previous purchases, interpersonal trust, and varying documentary evidence. Although negotiated consent and community recognition support transactional legitimacy, incomplete ownership verification exposes buyers to potential disputes. From a ḥifẓ al-māl perspective, substantive property protection may coexist with institutional deficiencies that undermine enduring legal certainty. Implication and Contribution: This study proposes a two-dimensional analytical framework integrating substantive property protection and institutional legal protection. It contributes empirical evidence of the gap between socially recognized ownership and legal security while demonstrating the value of integrating socio-legal and Islamic normative analysis. The findings support accessible land registration, reliable ownership verification, and community-based dispute prevention. Keywords: Ḥifẓ al-Māl; Informal Land Transactions; Legal Certainty.