juridical analysis on provisions of the number of witnesses in sharia deed by a notary

This study aims to analyze and formulate the provisions on witnesses in law number 30 of 2004 on notary position jo law number 2 of 2014 on amendment to law number 30 of 2004 on notary position in the making of sharia notarial deed. this research is a normative legal research which utilizes stаtute аpproаch and conceptual аpproаch. the provision regarding the number of witnesses in making a sharia deed by a notary is that if the witness consists of 1 (one) man, then it has to be followed by 1 (one) man. the absence of 1 (one) man can be replaced by 2 (two) women in accordance with the provisions of islamic law based on al-qur’an surah al baqarah [2:282]. since the sharia deed is a deed that accommodates the provisions of islamic law that are not contained in a conventional deed, according to the researcher, the sharia deed should be following the islamic law. for this reason, the provisions of the reading of sharia deeds by a notary before witnesses must provide an explanation that woman have the power of proof of ½ (half) of man in the reading of sharia deeds or a new rule that accommodates these provisions.