حقيقة الوقف المؤقت وحكمه ومصالحه = The nature of temporary Waqf, its ruling and public interest

Ab Rahman, Muhamad Firdaus and Amanullah, Muhammad (2017) حقيقة الوقف المؤقت وحكمه ومصالحه = The nature of temporary Waqf, its ruling and public interest. Global Journal Al-Thaqafah (GJAT), 7 (2). pp. 175-187. ISSN 2232-0474 E-ISSN 2232-0482

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Abstract

waqf can be made temporary or it is limited to perpetuity. The objectives of this paper are: to critically examine the concept of temporary waqf, to assess the different opinions of the scholars on the issue of temporary waqf and to discuss the evidences relied upon every doctrine, to explore the public interest (maslahah) of contemporary application. A qualitative methodology was employed to analyse the data through inductive and deductive methods. The inductive and deductive methods were used to research the main sources of literatures and to analyse the issues related to the temporary waqf. The findings have shown that an essential features of waqf is not limited only to perpetuity, hence some jurists such as Maliki school of Islami law approves the application of temporary and perpetual waqf. Thus, there is a need for temporary waqf to be enacted and applied as it provides the best interests of donors, beneficiaries and community at large. Impliedly, Islamic legal pronouncements (fatwa’s) which were issued by the State Fatwa Committee in Malaysia should not be limited to the view of a single school of Islamic law, especially in the field of waqf.

Item Type:	Article (Journal)
Additional Information:	3031/61215
Uncontrolled Keywords:	الوقف, المؤقت, التأبيد, المصلحة, الفقهيةو Waqf; Temporary; Perpetuity; Public Interest; Juristic.
Subjects:	H Social Sciences > HJ Public Finance > HJ1438 Public Finance In Islam K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User:	Prof Muhammad Amanullah Amanullah
Date Deposited:	12 Jan 2018 11:38
Last Modified:	26 Mar 2018 08:43
URI:	http://irep.iium.edu.my/id/eprint/61215

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