Syed Abdul Kader, Sharifah Zubaidah and Mohamad, Nor Asiah and Ali, Zuraidah (2022) Whether waqf and endowment can ride the same legal vehicle in Malaysia? In: Harmonisation of Shari'ah and Laws: Issues and Challenges. IIUM Press. (In Press)
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Abstract
The concepts of waqf and endowment are used for fund-raising by charitable organisations in Malaysia. This chapter explores the concepts of waqf and endowment and their legal framework to ascertain whether both can co-exist in one legal vehicle. To this end, the chapter examines the various legal vehicles available under Malaysian law that can support the two concepts. It then looks into the legal possibility of implementing both waqf and endowment within one legal vehicle and the challenges arising. The problem relates to the role of the State Islamic Religious Council (SIRC) as sole trustee of waqf, in circumstances where the vehicle chosen is outside of the legal framework provided under the state enactment relating to waqf. The method used is legal doctrinal and comparative legal methodology. This study has found that there are several feasible legal vehicles suitable to undertake waqf and endowment endeavours, nonetheless, due to the automatic vesting of all waqf properties situated in a state on the SIRC, such vehicles would still require the authorisation of the respective SIRC before it may operate and manage waqf. Recommendations will include reform of the law relating to incorporated trustees as well as suggestions for recognition of a legal vehicle that is able to incorporate both, waqf and endowments.
| Item Type: | Book Chapter |
|---|---|
| Uncontrolled Keywords: | waqf, endowment, legal framework, legal vehicle |
| Subjects: | BPK Islamic law. Shari'ah. Fiqh BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General) > BPK78 Usul al-fiqh > BPK109 Sources of Islamic law > BPK121 Ijtihad > BPK125 Applicability of Ijtihad. Instances of application > BPK125.2 Harmonisation of Shari’ah and law BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General) K Law > K Law (General) |
| Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): | Ahmad Ibrahim Kulliyyah of Laws |
| Depositing User: | Prof. Dr. Sharifah Zubaidah Syed Abdul Kader |
| Date Deposited: | 26 Sep 2022 10:16 |
| Last Modified: | 26 Sep 2022 10:16 |
| URI: | http://irep.iium.edu.my/id/eprint/99627 |
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