This study attempts to examine the use of Waqf land from the perspective of Islamic law to compare to Indonesia Land Law in which allows Waqf land to be used for commercial interests. In Jakarta itself, there were some areas of Waqf land but are currently in used for commercial, such as: office buildings and/or apartments. Different opinions often arise as most people in Indonesia agree that Waqf is merely for social and should be performed in ways determined by Islam. This paper focuses on how Islamic law constitutes the rules and the function of Waqf itself, its social use and its possibility to be used commercially. The study will also expose the land law in Indonesia to compare if both instruments are in the same line. Theoretical approach and content analysis of the Islamic law and land law in Indonesia will be conducted as the tool to answer the problems on what Waqf is and if commercial use has been according to the Islamic law.