Current legal issues concerning awqéf in Malaysia

Waqf falls under the jurisdiction of the Syariah Court according to List II of the Ninth Schedule to the Federal Constitution. This is further entrenched in the Administration of Islamic Law Enactments of the respective states in Malaysia. Nevertheless, from judicial decisions, ‘waqf’ is still, unti...

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Main Authors: Syed Abdul Kader , Sharifah Zubaidah, Md Dahlan, Nuarrual Hilal
Format: Book Chapter
Language:English
Published: Institute of Objective Studies 2013
Subjects:
Online Access:http://irep.iium.edu.my/20112/
http://irep.iium.edu.my/20112/4/1.pdf
id iium-20112
recordtype eprints
spelling iium-201122013-02-13T14:46:00Z http://irep.iium.edu.my/20112/ Current legal issues concerning awqéf in Malaysia Syed Abdul Kader , Sharifah Zubaidah Md Dahlan, Nuarrual Hilal K Law (General) Waqf falls under the jurisdiction of the Syariah Court according to List II of the Ninth Schedule to the Federal Constitution. This is further entrenched in the Administration of Islamic Law Enactments of the respective states in Malaysia. Nevertheless, from judicial decisions, ‘waqf’ is still, until today, being determined by the civil courts. In some judicial decisions, waqf issues have been marginalized by the civil courts as they are considered side issues. In consequence, the persons having interest in waqf under Islamic law are deprived of their rights. This paper will elaborate on the series of decided cases involving waqf in Malaysia, examine the issues raised, and will also analyze the judicial decisions made. Such analysis will assist in formulating a future framework for the management and development of waqf lands in Malaysia. Institute of Objective Studies 2013 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/20112/4/1.pdf Syed Abdul Kader , Sharifah Zubaidah and Md Dahlan, Nuarrual Hilal (2013) Current legal issues concerning awqéf in Malaysia. In: Waqf laws & management (with special reference to Malaysia). Institute of Objective Studies, New Delhi, pp. 82-115. ISBN 9789389965414
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic K Law (General)
spellingShingle K Law (General)
Syed Abdul Kader , Sharifah Zubaidah
Md Dahlan, Nuarrual Hilal
Current legal issues concerning awqéf in Malaysia
description Waqf falls under the jurisdiction of the Syariah Court according to List II of the Ninth Schedule to the Federal Constitution. This is further entrenched in the Administration of Islamic Law Enactments of the respective states in Malaysia. Nevertheless, from judicial decisions, ‘waqf’ is still, until today, being determined by the civil courts. In some judicial decisions, waqf issues have been marginalized by the civil courts as they are considered side issues. In consequence, the persons having interest in waqf under Islamic law are deprived of their rights. This paper will elaborate on the series of decided cases involving waqf in Malaysia, examine the issues raised, and will also analyze the judicial decisions made. Such analysis will assist in formulating a future framework for the management and development of waqf lands in Malaysia.
format Book Chapter
author Syed Abdul Kader , Sharifah Zubaidah
Md Dahlan, Nuarrual Hilal
author_facet Syed Abdul Kader , Sharifah Zubaidah
Md Dahlan, Nuarrual Hilal
author_sort Syed Abdul Kader , Sharifah Zubaidah
title Current legal issues concerning awqéf in Malaysia
title_short Current legal issues concerning awqéf in Malaysia
title_full Current legal issues concerning awqéf in Malaysia
title_fullStr Current legal issues concerning awqéf in Malaysia
title_full_unstemmed Current legal issues concerning awqéf in Malaysia
title_sort current legal issues concerning awqéf in malaysia
publisher Institute of Objective Studies
publishDate 2013
url http://irep.iium.edu.my/20112/
http://irep.iium.edu.my/20112/4/1.pdf
first_indexed 2023-09-18T20:30:09Z
last_indexed 2023-09-18T20:30:09Z
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