The limitation of disposition of wealth by means of waqf in comparison to bequest (wasiyyah) from Islamic legal perspective and provisions of Islamic law in Malaysia

Ibrahim, Badruddin and Mohd, Azizah (2023) The limitation of disposition of wealth by means of waqf in comparison to bequest (wasiyyah) from Islamic legal perspective and provisions of Islamic law in Malaysia. Journal of Islamic Law Review (JILR), 19 (1). pp. 1-18. ISSN 0973-2918

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Abstract

This study examines the issue of limitation in the disposition of property by means of waqf under Islamic law in comparison to bequest, i.e., the extent of the freedom of a person in disposing wealth through waqf. Bequest is a type of voluntary disposition of property that takes effect after the death of testator. In principle, bequest is limited to one-third of property as based on the Prophetic Sunnah specially to protect the rights of legal heirs. As like bequest, waqf is also a type of voluntary disposition of property, nevertheless it may take affect during the lifetime of the creator of waqf (waqif) as well as after his/her death. The question is whether the disposition of property by means of waqf is limited with respect to the quantum like the case of bequest? Is there any authority from the texts of the Quran and Sunnah that indicate the limitation of such disposition? In case when there is no authority from the texts, the question arises as to whether a person has full freedom to dispose of his property by means of waqf without limitation? This is particularly in the case whether the waqif has or does not have legal heirs. The research is qualitative, library research. The study examines the issues from the perspective of the Quran, the Sunnah and the views of the Muslim jurists as well as contemporary Muslim scholars and provision of Islamic law in Malaysia.

Item Type:	Article (Journal)
Uncontrolled Keywords:	Limitation of Disposition of Wealth, Waqf, Bequest, Islamic Law
Subjects:	BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Depositing User:	Dr Badruddin Ibrahim
Date Deposited:	25 Sep 2023 11:52
Last Modified:	25 Sep 2023 11:52
URI:	http://irep.iium.edu.my/id/eprint/106821

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