ADR as an alternative access to justice in resolving WAQF land disputes

The development of Waqf lands in Malaysia is steadily growing and has attracted the interest of many. States in Malaysia are beginning to promulgate their own Waqf enactments therefore granting their State Islamic Religious Council (SIRC) more power in administering and managing Waqf lands. Coupled...

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Main Authors:	Abdul Manaf, Zati Ilham, Syed Abdul Kader, Sharifah Zubaidah, Mohamad, Nor Asiah
Format:	Article
Language:	English
Published:	CLJ Legal Network Sdn Bhd 2018
Subjects:	K Law (General) KBP Islamic Law
Online Access:	http://irep.iium.edu.my/61245/ http://irep.iium.edu.my/61245/ http://irep.iium.edu.my/61245/1/CLJ%20ARTICLE%20ON%20WAQF%20ADR.pdf

id	iium-61245
recordtype	eprints
spelling	iium-612452018-01-26T01:47:10Z http://irep.iium.edu.my/61245/ ADR as an alternative access to justice in resolving WAQF land disputes Abdul Manaf, Zati Ilham Syed Abdul Kader, Sharifah Zubaidah Mohamad, Nor Asiah K Law (General) KBP Islamic Law The development of Waqf lands in Malaysia is steadily growing and has attracted the interest of many. States in Malaysia are beginning to promulgate their own Waqf enactments therefore granting their State Islamic Religious Council (SIRC) more power in administering and managing Waqf lands. Coupled with the call for a more effective method of registration and for the introduction of a Waqf registry, the administration of Waqf lands in Malaysia holds a promising future. The issue regarding management of disputes however remains as one of the lingering issues which hamper the development of this promising institution. A survey of surrounding literature shows that most of the Waqf related disputes brought to court relates to the question of validity of the Waqf land as well as the management of Waqf land by the SIRC as trustees. Coupled with questions of jurisdiction between the Shariah and civil courts, cases involving Waqf are usually exposed to extensive delays which in effect incur exorbitant costs for the parties involved. This has put the State Religious Council (SIRC) in a dilemma in pursuing any Waqf related disputes. Therefore, by adopting the qualitative approach, the paper analysed reported cases involving Waqf lands in Malaysia and literature on ADR and Waqf to determine the best way forward to address this issue. It is felt that the utilization of ADR processes should be considered as a viable solution to this problem. CLJ Legal Network Sdn Bhd 2018-01 Article NonPeerReviewed application/pdf en http://irep.iium.edu.my/61245/1/CLJ%20ARTICLE%20ON%20WAQF%20ADR.pdf Abdul Manaf, Zati Ilham and Syed Abdul Kader, Sharifah Zubaidah and Mohamad, Nor Asiah (2018) ADR as an alternative access to justice in resolving WAQF land disputes. Current Law Journal. pp. 1-30. https://www.cljlaw.com/?page=bulletinarchive
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) KBP Islamic Law
spellingShingle	K Law (General) KBP Islamic Law Abdul Manaf, Zati Ilham Syed Abdul Kader, Sharifah Zubaidah Mohamad, Nor Asiah ADR as an alternative access to justice in resolving WAQF land disputes
description	The development of Waqf lands in Malaysia is steadily growing and has attracted the interest of many. States in Malaysia are beginning to promulgate their own Waqf enactments therefore granting their State Islamic Religious Council (SIRC) more power in administering and managing Waqf lands. Coupled with the call for a more effective method of registration and for the introduction of a Waqf registry, the administration of Waqf lands in Malaysia holds a promising future. The issue regarding management of disputes however remains as one of the lingering issues which hamper the development of this promising institution. A survey of surrounding literature shows that most of the Waqf related disputes brought to court relates to the question of validity of the Waqf land as well as the management of Waqf land by the SIRC as trustees. Coupled with questions of jurisdiction between the Shariah and civil courts, cases involving Waqf are usually exposed to extensive delays which in effect incur exorbitant costs for the parties involved. This has put the State Religious Council (SIRC) in a dilemma in pursuing any Waqf related disputes. Therefore, by adopting the qualitative approach, the paper analysed reported cases involving Waqf lands in Malaysia and literature on ADR and Waqf to determine the best way forward to address this issue. It is felt that the utilization of ADR processes should be considered as a viable solution to this problem.
format	Article
author	Abdul Manaf, Zati Ilham Syed Abdul Kader, Sharifah Zubaidah Mohamad, Nor Asiah
author_facet	Abdul Manaf, Zati Ilham Syed Abdul Kader, Sharifah Zubaidah Mohamad, Nor Asiah
author_sort	Abdul Manaf, Zati Ilham
title	ADR as an alternative access to justice in resolving WAQF land disputes
title_short	ADR as an alternative access to justice in resolving WAQF land disputes
title_full	ADR as an alternative access to justice in resolving WAQF land disputes
title_fullStr	ADR as an alternative access to justice in resolving WAQF land disputes
title_full_unstemmed	ADR as an alternative access to justice in resolving WAQF land disputes
title_sort	adr as an alternative access to justice in resolving waqf land disputes
publisher	CLJ Legal Network Sdn Bhd
publishDate	2018
url	http://irep.iium.edu.my/61245/ http://irep.iium.edu.my/61245/ http://irep.iium.edu.my/61245/1/CLJ%20ARTICLE%20ON%20WAQF%20ADR.pdf
first_indexed	2023-09-18T21:26:51Z
last_indexed	2023-09-18T21:26:51Z
_version_	1777412249495797760

ADR as an alternative access to justice in resolving WAQF land disputes

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