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Developing a legal framework for waqf in Palestine

Abualeinein, Ibrahim S. I and Elshobake, Mohammed R. M. (2025) Developing a legal framework for waqf in Palestine. In: 13th Global Waqf Conference 2025 (GWC 2025), 25th-27th November 2025, Rabat, Morocco.

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Abstract

Waqf (Islamic endowment) is a foundational institution of public welfare and social solidarity. In Palestine, it also serves as a vital symbol of national identity and resilience. Today, however, the Palestinian waqf sector is compromised by a deeply fragmented legal framework. Operating at the intersection of unrepealed Ottoman laws, Jordanian legislation in the West Bank, Egyptian law in Gaza, and modern Palestinian Authority regulations, this jurisdictional patchwork creates profound legal uncertainty. Consequently, waqf properties are increasingly exposed to inefficiency, underutilization, and loss. This paper argues that developing a unified Palestinian Waqf Law is an urgent necessity. By consolidating historical legislation, incorporating Islamic jurisprudence, and mandating modern administrative transparency, a unified framework would secure these vulnerable assets. Reforming waqf governance is essential not only to preserve Palestine’s cultural and religious heritage but also to unlock the sector's developmental potential in education, healthcare, and housing, ultimately driving sustainable economic growth and social stability.

Item Type: Proceeding Paper (Invited Papers)
Uncontrolled Keywords: Waqf Law Reform; Legal Framework for Waqf; Palestinian Endowment Governance; Islamic Property Law; Heritage Land Protection
Subjects: BPH Islamic Economics
BPH Islamic Economics > BPH741 Waqf
BPK Islamic law. Shari'ah. Fiqh
BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General)
K Law > KBP Islamic Law
K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh
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. MOHAMMED R. M. ELSHOBAKE
Date Deposited: 04 Nov 2026 16:16
Last Update: 04 Nov 2026 16:16
Queue Number: 2026-10-Q5989
URI: http://irep.iium.edu.my/id/eprint/129455
Indexed In: UNSPECIFIED

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