Developments in harmonisation of Sharīꜥah and law on waqf

Mohamad, Nor Asiah (2024) Developments in harmonisation of Sharīꜥah and law on waqf. IIUM Law Journal, 32 (2). pp. 59-86. ISSN 0128-2530 E-ISSN 2289-7852

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Abstract

Sharīꜥah-compliant social finance products are in high demand worldwide. Waqf is one of the above instruments based on which can be designed and implemented in line with Sharīꜥah. The complexities in Malaysia due to the adoption of the dual legal system, the federal-state background, and the exclusive jurisdiction of the state on Islamic matters have, to a certain extent, produced differences in procedures and laws, as well as in the area of waqf. This paper highlights the justification for, the processes related to, and developments in the harmonisation of waqf related laws in Malaysia, within the diverse legal background of the country. It adopts the method of doctrinal analysis, looking into various laws, articles, books, and research papers. The paper argues that harmonisation initiatives involving multiple fields, including law, policy, education, and strategic cooperation, are necessary to elevate waqf beyond the social philanthropy paradigm. It is found that the position of Islamic laws in Malaysia, to a certain extent, has impacted the development of waqf, especially in the jurisdictions of Sharīꜥah Court and civil court. The recognition of Islamic finance via specific laws has contributed to designing the framework of laws on waqf. History shows that a lack of understanding of the concept of waqf, especially related to its difference from the English concept of trust and the division of power between federal and state authorities, has also influenced the slow development of waqf in Malaysia. This paper recommends standardisation of state laws and a change of mindset among administrators, which are crucial for the sustainability of waqf in Malaysia. It is hoped that this study shall contribute to the preparation of new policies and laws especially in the Malaysian context.

Item Type:	Article (Journal)
Uncontrolled Keywords:	Harmonisation, Islamisation, Waqf, Endowment, Islamic Social Finance.
Subjects:	K Law > KBP Islamic Law K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh
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 Civil Law
Depositing User:	Prof Dr Nor Asiah Mohamad
Date Deposited:	12 Dec 2024 09:47
Last Modified:	12 Dec 2024 09:49
URI:	http://irep.iium.edu.my/id/eprint/116590

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