Enhancing the framework for waqf dispute resolution: lessons from Malaysia and comparative jurisdictions

Abdul Manaf, Zati Ilham (2025) Enhancing the framework for waqf dispute resolution: lessons from Malaysia and comparative jurisdictions. In: Waqf Legal Frameworks in Various Jurisdictions. Harun M. Hashim Law Centre, Kuala Lumpur, pp. 70-87. ISBN 978-983-44763-7-3

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Abstract

Waqf has increasingly emerged as a viable instrument for financing socio-economic sustainability projects worldwide. The sector’s landscape has evolved beyond individual donors to include corporations, educational institutions, financial bodies, and charitable foundations acting as Wakifs (donors), Mutawwalis (administrators), Nazhir (managers), and Mawquf ‘alayh (beneficiaries). However, this diversification and the proliferation of complex Waqf schemes have heightened the potential for disputes among stakeholders. The growing number of cross-border Waqf projects further introduces jurisdictional and governance complexities that, if left unresolved, may erode trust and impede Waqf development. This article posits that many jurisdictions, including Malaysia, still lack comprehensive frameworks to address modern Waqf disputes effectively. Common challenges include inconsistent legal provisions, jurisdictional overlaps between civil and Syariah courts, limited access to justice, and inadequate administrative capacity. Employing a doctrinal and qualitative research methodology—including case analyses and interviews with Waqf administrators—this study examines Malaysia’s existing mechanisms and compares them with alternative dispute resolution (ADR) practices in Singapore and India. By identifying best practices and proposing an improved dispute resolution framework, the article aims to strengthen Waqf governance, enhance stakeholder confidence, and support the long-term sustainability of Waqf assets

Item Type:	Book Chapter
Uncontrolled Keywords:	Waqf, dispute resolution, Malaysia
Subjects:	K Law > K Law (General) K Law > KBP Islamic Law K Law > KPG Malaysia
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr Zati Ilham Abdul Manaf
Date Deposited:	14 Nov 2025 10:55
Last Modified:	14 Nov 2025 10:55
URI:	http://irep.iium.edu.my/id/eprint/124354

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