Abstract

Article 49 of Law Number 3 Year 2006: The Religious Courts shall have the duty and authority to examine, decide and settle cases in the first instance between Muslim persons in the field of marriage, inheritance, will, grant, wakaf, zakat, infaq, shadaqah and economy shari'a. The provisions of article 49 are to distinguish and authorize absolute authority of the Religious Courts Against other judicial institutions, namely the General Courts or the District Court. Although the District Court is also authorized to hear such disputes, but especially the parties to the dispute by adopting non-Islamic religion. But the District Court of Sumenep as the General Court in the case Number 04 / Pdt.G / 2014 / PN.Smp has accepted, examined and adjudicated grant dispute among the Muslims. So that can be withdrawn formulation of the problem, is it right that the Sumenep State Court in accepting, examining and adjudicating grant dispute among the Muslims? After being examined using the normative juridical method by using secondary data in the form of primary legal materials, the Sumenep District Court has exceeded its authority. For good on the basis of the theories of authority to judge religious courts, the theories of authority to try public justice and adagium iuscurianovit, the nature of grant dispute resolution among persons by the Sumenep District Court has violated the law.