Dispute in cross-border waqf: mitigation, resolution, and the role of waqf authority

Freddy, Shandy Primandasetio and Mohamad, Nor Asiah (2024) Dispute in cross-border waqf: mitigation, resolution, and the role of waqf authority. IIUM Law Journal, 32 (1). pp. 261-308. ISSN 0128-2530 E-ISSN 2289 7852

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Abstract

Waqf, or Islamic Trust, embodies the concept of rahmatan lil’alamiin, or compassion for all people and the whole universe. Its benefits run across countries without race or religious limitations. Cross border�waqf is a waqf transaction with international elements that includes parties from different countries and the movement of waqf assets between countries. There are always some legal risks in every cross�border waqf activity, and resolving it is more complex due to obstacles such as the differences in law between countries. The Waqf Core Principles (WCP), as one of the latest waqf international best practices, also has no regulation about legal risk mitigation, dispute resolution mechanism, and the role of waqf authorities in resolving disputes. This paper aims to study commonly practiced dispute resolution methods in international transactions that can support cross-border waqf and investigate the role of waqf authority in conflict resolution. This paper uses the qualitative research method. Resources are obtained from Indonesia's and Malaysia's laws, international laws and rules, and some research related to waqf. This paper examines twelve international organisations, five conventions, and at least six countries, resulting in seven possible ways to resolve conflict in cross-border waqf. The data were gathered and interpreted through exploratory and descriptive methods. The finding shows, among others, the importance of contractual clauses on dispute resolution to mitigate legal barriers in resolving cross-border waqf legal disputes. Alternative Dispute Resolution (ADR) is the most efficient method to resolve the conflict and maintain the relationship between parties. Lastly, active participation of the waqf authority as a conciliatory party in resolving cross-border waqf disputes is also crucial

Item Type:	Article (Journal)
Uncontrolled Keywords:	Waqf, Cross Border Waqf, Mitigation, Resolution
Subjects:	BPK Islamic law. Shari'ah. Fiqh
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Prof Dr Nor Asiah Mohamad
Date Deposited:	03 Jul 2024 09:51
Last Modified:	03 Jul 2024 09:51
URI:	http://irep.iium.edu.my/id/eprint/112913

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