Examining the evolution of waqf regulations in Selangor: an analysis of the governance framework and transformative approach

The inadequacy of comprehensive laws for Waqf administration is one of the main issues that has limited the development of Waqf in Malaysia. Whilst most states in Malaysia rely on their Administration of Islamic Law enactments, in 1999 Selangor pioneered a Waqf enactment which specifically oversees...

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Main Authors:	Abdul Manaf, Zati Ilham, Abdul Kader, Sharifah Zubaidah, Mohamad, Nor Asiah
Format:	Article
Language:	English English
Published:	IIUM Press, International Islamic University Malaysia 2019
Subjects:	K Law (General) KBP Islamic Law
Online Access:	http://irep.iium.edu.my/77422/ http://irep.iium.edu.my/77422/ http://irep.iium.edu.my/77422/ http://irep.iium.edu.my/77422/1/IIUMLJ%20Article.pdf http://irep.iium.edu.my/77422/7/77422_EXAMINING%20THE%20EVOLUTION%20OF%20WAQF%20_wos.pdf

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spelling	iium-774222020-03-06T05:23:09Z http://irep.iium.edu.my/77422/ Examining the evolution of waqf regulations in Selangor: an analysis of the governance framework and transformative approach Abdul Manaf, Zati Ilham Abdul Kader, Sharifah Zubaidah Mohamad, Nor Asiah K Law (General) KBP Islamic Law The inadequacy of comprehensive laws for Waqf administration is one of the main issues that has limited the development of Waqf in Malaysia. Whilst most states in Malaysia rely on their Administration of Islamic Law enactments, in 1999 Selangor pioneered a Waqf enactment which specifically oversees Waqf administration and management. With the promulgation of the Selangor Waqf Enactment 1999, the administration of Waqf in Selangor became more regulated and structured. However, as matters pertaining to Waqf practices became more complex, Selangor repealed its 1999 Waqf Enactment and replaced it with the 2015 Waqf Enactment. This research therefore analyses the evolution of Waqf in Selangor through the two respective enactments, by identifying the changes in practices and scrutinising the rationales for the development of the laws. It also analyses how the laws have impacted the Waqf governance framework in the state. By assessing the position of the 2015 Waqf Enactment, it determines whether the current legislative demand posed by Waqf development in the state is met and whether the change in approach should be followed by other states in Malaysia. Doctrinal legal research is utilised to examine the two enactments respectively. Legislative Assembly Proceedings related to the promulgation of the respective enactments were also examined to further understand the reasoning behind the repeal and the introduction of certain provisions. It is found that although the 2015 Waqf Enactment is more comprehensive than the 1999 Waqf Enactment, further improvements can be made to better achieve transparency and accountability on the part of the Waqf administrator IIUM Press, International Islamic University Malaysia 2019-12-18 Article PeerReviewed application/pdf en http://irep.iium.edu.my/77422/1/IIUMLJ%20Article.pdf application/pdf en http://irep.iium.edu.my/77422/7/77422_EXAMINING%20THE%20EVOLUTION%20OF%20WAQF%20_wos.pdf Abdul Manaf, Zati Ilham and Abdul Kader, Sharifah Zubaidah and Mohamad, Nor Asiah (2019) Examining the evolution of waqf regulations in Selangor: an analysis of the governance framework and transformative approach. IIUM Law Journal, 27 (2). pp. 337-365. ISSN 0128-2530 E-ISSN 2289-7852 https://journals.iium.edu.my/iiumlj/index.php/iiumlj/article/view/418 10.31436/iiumlj.v27i2.418
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General) KBP Islamic Law
spellingShingle	K Law (General) KBP Islamic Law Abdul Manaf, Zati Ilham Abdul Kader, Sharifah Zubaidah Mohamad, Nor Asiah Examining the evolution of waqf regulations in Selangor: an analysis of the governance framework and transformative approach
description	The inadequacy of comprehensive laws for Waqf administration is one of the main issues that has limited the development of Waqf in Malaysia. Whilst most states in Malaysia rely on their Administration of Islamic Law enactments, in 1999 Selangor pioneered a Waqf enactment which specifically oversees Waqf administration and management. With the promulgation of the Selangor Waqf Enactment 1999, the administration of Waqf in Selangor became more regulated and structured. However, as matters pertaining to Waqf practices became more complex, Selangor repealed its 1999 Waqf Enactment and replaced it with the 2015 Waqf Enactment. This research therefore analyses the evolution of Waqf in Selangor through the two respective enactments, by identifying the changes in practices and scrutinising the rationales for the development of the laws. It also analyses how the laws have impacted the Waqf governance framework in the state. By assessing the position of the 2015 Waqf Enactment, it determines whether the current legislative demand posed by Waqf development in the state is met and whether the change in approach should be followed by other states in Malaysia. Doctrinal legal research is utilised to examine the two enactments respectively. Legislative Assembly Proceedings related to the promulgation of the respective enactments were also examined to further understand the reasoning behind the repeal and the introduction of certain provisions. It is found that although the 2015 Waqf Enactment is more comprehensive than the 1999 Waqf Enactment, further improvements can be made to better achieve transparency and accountability on the part of the Waqf administrator
format	Article
author	Abdul Manaf, Zati Ilham Abdul Kader, Sharifah Zubaidah Mohamad, Nor Asiah
author_facet	Abdul Manaf, Zati Ilham Abdul Kader, Sharifah Zubaidah Mohamad, Nor Asiah
author_sort	Abdul Manaf, Zati Ilham
title	Examining the evolution of waqf regulations in Selangor: an analysis of the governance framework and transformative approach
title_short	Examining the evolution of waqf regulations in Selangor: an analysis of the governance framework and transformative approach
title_full	Examining the evolution of waqf regulations in Selangor: an analysis of the governance framework and transformative approach
title_fullStr	Examining the evolution of waqf regulations in Selangor: an analysis of the governance framework and transformative approach
title_full_unstemmed	Examining the evolution of waqf regulations in Selangor: an analysis of the governance framework and transformative approach
title_sort	examining the evolution of waqf regulations in selangor: an analysis of the governance framework and transformative approach
publisher	IIUM Press, International Islamic University Malaysia
publishDate	2019
url	http://irep.iium.edu.my/77422/ http://irep.iium.edu.my/77422/ http://irep.iium.edu.my/77422/ http://irep.iium.edu.my/77422/1/IIUMLJ%20Article.pdf http://irep.iium.edu.my/77422/7/77422_EXAMINING%20THE%20EVOLUTION%20OF%20WAQF%20_wos.pdf
first_indexed	2023-09-18T21:49:12Z
last_indexed	2023-09-18T21:49:12Z
_version_	1777413655154917376

Examining the evolution of waqf regulations in Selangor: an analysis of the governance framework and transformative approach

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