Mohamad, Nor Asiah (2025) Waqf legal framework under the Malaysian legal system. In: International Conference on Islamic Law: Malaysia & Algeria & Round Table Discussion (RTD) on Islamic Social Finance, Halal & Waqf, 2025, Algiers, Algeria.
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Abstract
The Malaysian legal system is unique as it presents a special authority of its fourteen states within its jurisdiction, especially on matters relating to Islam as the religion of the Federation. This paper highlights the position of waqf law and it’s administration within this unique structure. It seeks to analyse the justification and the significance of having comprehensive laws for each state in dealing with waqf. By employing a doctrinal approach through analysis of the legal documents and case laws, this paper presents the legal framework of waqf mainly on how the statutes have resolved some specific problems concerning the concept, scope, and sources of authorities, emphasizing the sanctity of Hukm Syarak as the main law in determining any uncertainties or disputes on waqf. In addition, while some states still lack a comprehensive law, reference to the Administration of Islamic law and fatwa is necessary.
| Item Type: | Proceeding Paper (Invited Papers) |
|---|---|
| Additional Information: | 11424/126451 |
| Uncontrolled Keywords: | waqf, fatwa, hukm syarak |
| Subjects: | BPK Islamic law. Shari'ah. Fiqh D History General and Old World |
| 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: | Prof Dr Nor Asiah Mohamad |
| Date Deposited: | 02 Jan 2026 10:41 |
| Last Modified: | 02 Jan 2026 11:02 |
| Queue Number: | 2025-12-Q1322 |
| URI: | http://irep.iium.edu.my/id/eprint/126451 |
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