Legal framework for waqf of immoveable property in Malaysia

This paper explores issues arising in the administration and management of waqf lands in Malaysia in relation to the existing legal framework. Focusing on the management of waqf lands where the waqif creates waqf under Islamic law, this paper posits that in Malaysia, the concept of waqf is different...

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Main Authors:	Syed Abdul Kader, Sharifah Zubaidah, Mohamad, Nor Asiah
Format:	Conference or Workshop Item
Language:	English
Published:	Universiti Tun Abdul Razak Sdn Bhd in collaboration with International Centre for Waqf Research (ICWR) of International Islamic University Malaysia (IIUM), Malaysia 2017
Subjects:	HG3368 Islamic Banking and Finance KBP Islamic Law
Online Access:	http://irep.iium.edu.my/59751/ http://irep.iium.edu.my/59751/ http://irep.iium.edu.my/59751/1/59751_Legal%20framework%20for%20waqf.pdf

id	iium-59751
recordtype	eprints
spelling	iium-597512017-12-05T08:12:32Z http://irep.iium.edu.my/59751/ Legal framework for waqf of immoveable property in Malaysia Syed Abdul Kader, Sharifah Zubaidah Mohamad, Nor Asiah HG3368 Islamic Banking and Finance KBP Islamic Law This paper explores issues arising in the administration and management of waqf lands in Malaysia in relation to the existing legal framework. Focusing on the management of waqf lands where the waqif creates waqf under Islamic law, this paper posits that in Malaysia, the concept of waqf is different from the concept of trust as each falls under different laws and governance structures and there may be certain legal implications where the two are taken to be the same. After examining the various ways in which waqf lands are vested on the State Islamic Religious Councils (‘SIRCs’) under land law, this paper notes that there is an impasse in efforts to standardise methods of vesting waqf lands in the name of the respective SIRCs. The writers take the stand that although the creation and validity of waqf should go beyond the land law requirements, it is this requirement that stands as formal recognition of waqf lands by government agencies and the courts. Many issues arise due to incomplete information or evidence to prove that waqf has been created over a piece of land. In this regard, the general land laws prevail in the absence of specific provisions or evidence proving otherwise. Thus, confusion in management may arise that necessitates cooperation of all affected agencies. These challenges and hindrances are further examined in this paper with suggestions for improvements. Universiti Tun Abdul Razak Sdn Bhd in collaboration with International Centre for Waqf Research (ICWR) of International Islamic University Malaysia (IIUM), Malaysia 2017 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/59751/1/59751_Legal%20framework%20for%20waqf.pdf Syed Abdul Kader, Sharifah Zubaidah and Mohamad, Nor Asiah (2017) Legal framework for waqf of immoveable property in Malaysia. In: The 2nd, 3rd and 4th Global Waqf Conference 2016, 19th-21st Sept. 2016, United Kingdom. https://www.facebook.com/events/582055615289149/permalink/621982771296433/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	HG3368 Islamic Banking and Finance KBP Islamic Law
spellingShingle	HG3368 Islamic Banking and Finance KBP Islamic Law Syed Abdul Kader, Sharifah Zubaidah Mohamad, Nor Asiah Legal framework for waqf of immoveable property in Malaysia
description	This paper explores issues arising in the administration and management of waqf lands in Malaysia in relation to the existing legal framework. Focusing on the management of waqf lands where the waqif creates waqf under Islamic law, this paper posits that in Malaysia, the concept of waqf is different from the concept of trust as each falls under different laws and governance structures and there may be certain legal implications where the two are taken to be the same. After examining the various ways in which waqf lands are vested on the State Islamic Religious Councils (‘SIRCs’) under land law, this paper notes that there is an impasse in efforts to standardise methods of vesting waqf lands in the name of the respective SIRCs. The writers take the stand that although the creation and validity of waqf should go beyond the land law requirements, it is this requirement that stands as formal recognition of waqf lands by government agencies and the courts. Many issues arise due to incomplete information or evidence to prove that waqf has been created over a piece of land. In this regard, the general land laws prevail in the absence of specific provisions or evidence proving otherwise. Thus, confusion in management may arise that necessitates cooperation of all affected agencies. These challenges and hindrances are further examined in this paper with suggestions for improvements.
format	Conference or Workshop Item
author	Syed Abdul Kader, Sharifah Zubaidah Mohamad, Nor Asiah
author_facet	Syed Abdul Kader, Sharifah Zubaidah Mohamad, Nor Asiah
author_sort	Syed Abdul Kader, Sharifah Zubaidah
title	Legal framework for waqf of immoveable property in Malaysia
title_short	Legal framework for waqf of immoveable property in Malaysia
title_full	Legal framework for waqf of immoveable property in Malaysia
title_fullStr	Legal framework for waqf of immoveable property in Malaysia
title_full_unstemmed	Legal framework for waqf of immoveable property in Malaysia
title_sort	legal framework for waqf of immoveable property in malaysia
publisher	Universiti Tun Abdul Razak Sdn Bhd in collaboration with International Centre for Waqf Research (ICWR) of International Islamic University Malaysia (IIUM), Malaysia
publishDate	2017
url	http://irep.iium.edu.my/59751/ http://irep.iium.edu.my/59751/ http://irep.iium.edu.my/59751/1/59751_Legal%20framework%20for%20waqf.pdf
first_indexed	2023-09-18T21:24:40Z
last_indexed	2023-09-18T21:24:40Z
_version_	1777412111503196160

Legal framework for waqf of immoveable property in Malaysia

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