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Perpetuity of Waqf

Mohamad, Nor Asiah and Haron, Amer Hazim (2021) Perpetuity of Waqf. In: Global Waqf Conference Series: Waqf past, present and future. International Islamic University Malaysia, Global Waqf Conference, Kuala Lumpur, Malaysia, pp. 61-75. ISBN 978-967-2641-80-3

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Majority of the Muslim jurists view that waqf has to be perpetual. Once created, it cannot be revoked or transferred. It has to remain benefitting the ummah or serving its specific purpose forever. The reality in Waqf management sometimes has a different story to tell. Some waqf properties are not appropriate to serve the purpose it is meant to. Some of the properties are in dilapidated state and reviving it is costly. Rules on waqf are flexible. It develops based on the ijtihad of the Muslim jurists to meet the contemporary needs. This study analyses the rules of waqf muaaqqat as practiced in Malaysia. It studies the provisions in the various waqf enactment in different states. It digests the primary and secondary sources of waqf. It reveals that although Malaysia prescribes to the view of Shafie school of law but the there are room for designing the law with reference to other opinions for the benefits of the ummah. In the implementation of waqf muaqqat which is based on Maliki school opinion, the need to recognize and adopt its rules and practices is vital in developing waqf law that are more human-centrered and sustainable.

Item Type: Book Chapter
Uncontrolled Keywords: Waqf Muaqqat, Shafie school of law, Malaysia
Subjects: BPH Islamic Economics > BPH741 Waqf
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User: Dr Nor Asiah Mohamad
Date Deposited: 06 Jan 2022 09:16
Last Modified: 17 Mar 2022 14:41
URI: http://irep.iium.edu.my/id/eprint/96076

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