The Muslim land-distribution practice in Malaysia and its implications on Maqasid-al-Shariah

Khalid, Haniza and Yusuf, Muhammad Dayyan (2012) The Muslim land-distribution practice in Malaysia and its implications on Maqasid-al-Shariah. In: The 3rd International Workshop on Islamic Economics Theory 2012: Islamic Public Wealth Management, 19-20 June 2012, Jogjakarta. (Unpublished)

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Abstract

The Malays’ practice of distributing a deceased’s lands based on Faraid calculations under the framework of the Torrens land registration system has been partly blamed for the problem of land fragmentation and low land values prevalent in Malaysia today. Partitioning land according the entitlement of each beneficiary will result in uneconomic land sizes and farm operations, conversion of agricultural land to other uses (and hence, the subsequent decline of food production capabilities of the country as a whole) and ultimately the erosion of Malay-Muslim land ownership and economic wealth. All of these outcomes go against the concept of Maqasid-al-Shariah particularly with respect to preserving the Maal and income of the Muslims. This paper seeks to explore the land fragmentation issue as linked to the asset distribution practice amongst Malay-Muslims in Malaysia and subsequently propose a re-examination of the Malaysian practice of Shariah-based distribution vis-à-vis the existing land administration framework.

Item Type:	Conference or Workshop Item (Full Paper)
Additional Information:	3350/24235
Uncontrolled Keywords:	land distribution, maqasid al-shariah, faraid system, land fragmentation
Subjects:	H Social Sciences > HD Industries. Land use. Labor > HD101 Land use H Social Sciences > HD Industries. Land use. Labor > HD1401 Agriculture
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Economics and Management Sciences > Department of Economics
Depositing User:	Dr. Haniza Khalid
Date Deposited:	29 Dec 2012 09:30
Last Modified:	18 Nov 2013 12:39
URI:	http://irep.iium.edu.my/id/eprint/24235

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