New developments on Waqf laws in Malaysia: are they comprehensive?

Mohamad, Nor Asiah and Syed Abdul Kader, Sharifah Zubaidah (2017) New developments on Waqf laws in Malaysia: are they comprehensive? In: International Conference on Law and Society 6 (ICLAS 6), 4th-7th April 2017, Yogyakarta, Indonesia.

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Abstract

Five (5) states in Malaysia have introduced their own waqf laws. The other five (5) states are working on new laws and the remaining states maintain waqf matters in the general statutes on administration of Islamic law. The new developments which took place in the 5 states are expected and most awaited after voluminous researches reveal that the legal framework has contributed to the slow development of waqf in Malaysia. Using the doctrinal approach and comparative analysis method, this study reviews the latest developments in the waqf enactments of Selangor, Perak and Terengganu and discusses how the changes in the laws have helped to improve the slow and restricted jurisdiction (legal framework?) dealing with waqf. The findings show that the new Enactments have addressed most of the observations from the previous literatures especially with regards to challenges in waqf development. Observations also relate to the fast development of waqf which moves in tandem with various other aspects of the economy and finance. Waqf is now recognised as the third economic sector in several jurisdictions. In addition, the need to employ Islamic finance products as vehicles for waqf development has also been recognised by the stakeholders. Although new laws are welcomed, the awareness on the emerging new needs is vital.

Item Type:	Conference or Workshop Item (Invited Papers)
Additional Information:	781/56223
Uncontrolled Keywords:	Waqf, laws, Islamic finance, third sector economy
Subjects:	K Law > KPG Malaysia
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Depositing User:	Dr Nor Asiah Mohamad
Date Deposited:	03 May 2017 10:05
Last Modified:	03 May 2017 10:05
URI:	http://irep.iium.edu.my/id/eprint/56223

Available Versions of this Item

• The implementation of syariah criminal offences and human rights issues in Malaysia. (deposited 20 Apr 2017 11:38)
  • New developments on Waqf laws in Malaysia: are they comprehensive? (deposited 03 May 2017 10:05) [Currently Displayed]
  • The causes of terrorism in Malaysia. (deposited 03 May 2017 09:35)

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