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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2013
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Online Access: | http://irep.iium.edu.my/20112/ http://irep.iium.edu.my/20112/4/1.pdf |
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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 |
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International Islamic University Malaysia |
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IIUM Repository |
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Online Access |
language |
English |
topic |
K Law (General) |
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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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1777408681518825472 |