From “protection” and “preservation” to “development” and “right”: a new approach of objective of shariah via waqf muaqqat

Mohamad, Nor Asiah and Laeba, Muhammad and Hamdan, Omar (2021) From “protection” and “preservation” to “development” and “right”: a new approach of objective of shariah via waqf muaqqat. Journal of Contemporary Business and Islamic Finance, 1 (1). pp. 1-10.

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Abstract

This paper analyses the main objectives of Shariah and its application in waqf. Having acknowledged the priority of the objectives, this paper seeks to expand the scope of the objective with justification to facilitate the ijtihadi basis in ensuring sustainability of waqf. It is argued that a new dimension of protection and preservation of mal as the objective of Shariah is necessary in relevantisation of waqf locally and globally. This paper adopts a doctrinal analysis based the primary and secondary sources of Shariah and the Malaysian laws. It studies the new dimension of protection and preservation in the perspective of the importance of human development and property rights of waqf practices in Malaysia with special reference to Waqf Muaqqat. The findings show that the employment of ijtihad and fatwa would serve to make waqf stable, flexible and sustainable in developing the legal framework for Waqf Muaqqat in Malaysia

Item Type:	Article (Journal)
Uncontrolled Keywords:	waqf, maqasid al shariah,
Subjects:	BPL Islamic education K Law > K720 Property Law K Law > KBP Islamic Law
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 Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Depositing User:	Dr Nor Asiah Mohamad
Date Deposited:	05 Jan 2022 08:28
Last Modified:	17 Mar 2022 09:13
URI:	http://irep.iium.edu.my/id/eprint/96040

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