The meaning and legal consequences of 'Sole-trustee' of Waqf under the shariah and Malaysian Waqf laws

Malaysia has state level laws relating to waqf and all these laws contain a provision making the State Islamic Religious Council as 'sole trustee' of all waqf properties in their respective states. This effectively makes the State Islamic Religious Council as the sole waqf authority for th...

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Main Authors:	Syed Abdul Kader, Sharifah Zubaidah, Ishola, Abdullahi Saliu, Mohamad, Nor Asiah
Format:	Article
Language:	English
Published:	LexisNexis 2018
Subjects:	HB126.4 Islamic Economics K Law (General) KBP Islamic Law
Online Access:	http://irep.iium.edu.my/70733/ http://irep.iium.edu.my/70733/ http://irep.iium.edu.my/70733/1/The_Meaning_And_Legal_Consequences_Of_%27Sole-.PDF

id	iium-70733
recordtype	eprints
spelling	iium-707332019-07-16T10:34:47Z http://irep.iium.edu.my/70733/ The meaning and legal consequences of 'Sole-trustee' of Waqf under the shariah and Malaysian Waqf laws Syed Abdul Kader, Sharifah Zubaidah Ishola, Abdullahi Saliu Mohamad, Nor Asiah HB126.4 Islamic Economics K Law (General) KBP Islamic Law Malaysia has state level laws relating to waqf and all these laws contain a provision making the State Islamic Religious Council as 'sole trustee' of all waqf properties in their respective states. This effectively makes the State Islamic Religious Council as the sole waqf authority for the state. Problems have arisen in regard to the scope of powers of the State Islamic Religious Councils in exercising their powers as 'sole trustee' for waqf in Malaysia. With the aim of minimising these problems and seeking legal solutions, this article examines the meaning and legal consequences arising from the term 'sole trustee' in the context of waqf laws in Malaysia. It traces the rationale for inclusion of such provision and identifies some anomalies arising therefrom. The concepts of nazir, mutawalli and qayyim under the Shariah law are discussed, issues relating to delegation of powers, appointment of waqf managers, the function and duties of waqf managers are examined, and issues arising from decided cases are identified. Findings provide direction for the waqf authorities to act and strategise for waqf management and development in Malaysia in accordance with the parameters of the Shariah and the law. LexisNexis 2018-12-01 Article PeerReviewed application/pdf en http://irep.iium.edu.my/70733/1/The_Meaning_And_Legal_Consequences_Of_%27Sole-.PDF Syed Abdul Kader, Sharifah Zubaidah and Ishola, Abdullahi Saliu and Mohamad, Nor Asiah (2018) The meaning and legal consequences of 'Sole-trustee' of Waqf under the shariah and Malaysian Waqf laws. Shariah Law Reports Articles, 4. pp. 1-15. http://www.lexisnexis.com.my/en-my/products/shariah-law-journal.page
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	HB126.4 Islamic Economics K Law (General) KBP Islamic Law
spellingShingle	HB126.4 Islamic Economics K Law (General) KBP Islamic Law Syed Abdul Kader, Sharifah Zubaidah Ishola, Abdullahi Saliu Mohamad, Nor Asiah The meaning and legal consequences of 'Sole-trustee' of Waqf under the shariah and Malaysian Waqf laws
description	Malaysia has state level laws relating to waqf and all these laws contain a provision making the State Islamic Religious Council as 'sole trustee' of all waqf properties in their respective states. This effectively makes the State Islamic Religious Council as the sole waqf authority for the state. Problems have arisen in regard to the scope of powers of the State Islamic Religious Councils in exercising their powers as 'sole trustee' for waqf in Malaysia. With the aim of minimising these problems and seeking legal solutions, this article examines the meaning and legal consequences arising from the term 'sole trustee' in the context of waqf laws in Malaysia. It traces the rationale for inclusion of such provision and identifies some anomalies arising therefrom. The concepts of nazir, mutawalli and qayyim under the Shariah law are discussed, issues relating to delegation of powers, appointment of waqf managers, the function and duties of waqf managers are examined, and issues arising from decided cases are identified. Findings provide direction for the waqf authorities to act and strategise for waqf management and development in Malaysia in accordance with the parameters of the Shariah and the law.
format	Article
author	Syed Abdul Kader, Sharifah Zubaidah Ishola, Abdullahi Saliu Mohamad, Nor Asiah
author_facet	Syed Abdul Kader, Sharifah Zubaidah Ishola, Abdullahi Saliu Mohamad, Nor Asiah
author_sort	Syed Abdul Kader, Sharifah Zubaidah
title	The meaning and legal consequences of 'Sole-trustee' of Waqf under the shariah and Malaysian Waqf laws
title_short	The meaning and legal consequences of 'Sole-trustee' of Waqf under the shariah and Malaysian Waqf laws
title_full	The meaning and legal consequences of 'Sole-trustee' of Waqf under the shariah and Malaysian Waqf laws
title_fullStr	The meaning and legal consequences of 'Sole-trustee' of Waqf under the shariah and Malaysian Waqf laws
title_full_unstemmed	The meaning and legal consequences of 'Sole-trustee' of Waqf under the shariah and Malaysian Waqf laws
title_sort	meaning and legal consequences of 'sole-trustee' of waqf under the shariah and malaysian waqf laws
publisher	LexisNexis
publishDate	2018
url	http://irep.iium.edu.my/70733/ http://irep.iium.edu.my/70733/ http://irep.iium.edu.my/70733/1/The_Meaning_And_Legal_Consequences_Of_%27Sole-.PDF
first_indexed	2023-09-18T21:40:25Z
last_indexed	2023-09-18T21:40:25Z
_version_	1777413102132789248

The meaning and legal consequences of 'Sole-trustee' of Waqf under the shariah and Malaysian Waqf laws

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