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Concept of valid contract declaration of Waqf property in Islamic law

Ghazali, N.A. and Sipan, I. and Raji, Fauziah and Mohammad, Mohammad Tahir Sabit Haji (2019) Concept of valid contract declaration of Waqf property in Islamic law. Journal of Fatwa Management and Research, 16 (2 (Special edition)). pp. 181-206. ISSN 2232-1047 E-ISSN 0127-8886

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Abstract

Waqf plays an important role in improving public welfare in whole Islamic Countries. Therefore, waqf shall be conserved and permanently protected to keep its benefits for the public at all times. In order to develop the waqf property, it should be administered properly. Recognition of ownership on the property by effective contract of declaration is essential. Therefore, this paper focuses on the Islamic Law’s perspective regarding effective contract on a binding and valid declaration of waqf property in accordance to Islamic Law and other subsidiary sources as well as academic opinions. This paper also includes formalities of legally binding contract of waqf (waqafiah) on parties, formulated by earliest Muslim jurists. In addition, the detailed discussions on documents of waqf evidencing contractual transactions needed for registration of waqf property are included. The elements of valid and binding declaration of waqf or deeds discussed too. The approach adopted is ‘Content Analyses’.

Item Type: Article (Journal)
Additional Information: 8500/74528
Uncontrolled Keywords: waqf, property, contract, Islamic, concept
Subjects: K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. > KBP3190 Economic law
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: Dr Mohammad Tahir Sabit Haji Mohammad
Date Deposited: 22 Nov 2019 08:07
Last Modified: 22 Nov 2019 08:07
URI: http://irep.iium.edu.my/id/eprint/74528

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