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Reconciling the concept of private lease under Malaysian land law with the concept of al-ijarah under the shariah in waqf land development

Syed Abdul Kader, Sharifah Zubaidah and Maidin, Ainul Jaria and Abdul Manaf, Zati Ilham (2021) Reconciling the concept of private lease under Malaysian land law with the concept of al-ijarah under the shariah in waqf land development. In: Online Roundtable Discussion Harmonisation of Shariah and Law: Issues and Challenges, 2 Sep 2021, International Islamic University Malaysia. (Unpublished)

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The concept of private lease has become prominent in the Malaysian real estate sector particularly in the development of waqf land. Waqf lands are held by the State Islamic Religious Council (SIRC) as sole trustee under the respective state enactments relating to the administration of Islamic law and the waqf enactments, if any. Where such lands are developed, properties built on these lands will then be ‘sold’ to various purchasers under a lease agreement. This chapter discusses the concept of a private lease under the National Land Code 1965 (‘NLC’) with the concept of al-Ijarah under the Shariah to see whether these concepts are compatible and suitable for application in the context of waqf land development. Issues that have been raised by developers and purchasers are security of tenure and the miscomprehension of purchasers on the nature of proprietary rights accorded by the lease as opposed to a document of title. The study will utilise the legal doctrinal methodology and will also identify best practises available in the waqf land development sector in Malaysia. Findings of this study will identify the areas and suitable method for reconciliation of the two concepts that would uphold the principles under Shariah with legal requirements under the NLC. Findings will also facilitate implementation of private leasing in the Malaysian conveyancing practice for properties built on waqf land.

Item Type: Conference or Workshop Item (Slide Presentation)
Uncontrolled Keywords: private lease, al-ijarah, land law, waqf
Subjects: BPH Islamic Economics > BPH741 Waqf
K Law > K720 Property 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 Zati Ilham Abdul Manaf
Date Deposited: 14 Jan 2022 15:46
Last Modified: 31 Mar 2022 15:19
URI: http://irep.iium.edu.my/id/eprint/95613

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