Analysis of the Law Applicable to the Creation of Waqfs During the British Era in Penang

Syed Abdul Kader, Sharifah Zubaidah (2021) Analysis of the Law Applicable to the Creation of Waqfs During the British Era in Penang. In: Waqf: past, present and future. International Islamic University Malaysia, Global Waqf Conference, Ahmad Ibrahim Kulliyyah of Laws, Kuala Lumpur, Malaysia, pp. 16-30. ISBN 978-967-2641-80-3

PDF Restricted to Repository staff only Download (12MB) | Request a copy

Abstract

This study explores the legal history of waqf creation in Penang to ascertain the law applicable during the British era in Penang. The research question is: what is the law applicable to the creation of waqf during the British era in Penang? The study is legal-doctrinal and legal-historical, comprising of analysis of official records, government publications and reported cases. The study found that waqf was created through deed polls where such gift would take effect during the lifetime of the donor and through a will in regard to testamentary waqfs. It was also found that the drafters of such waqf declarations had used English law of trust concepts such as non-charitable trust and charitable trust to prevent such waqf from being invalidated by the courts due to the application of the rule against perpetuities. The study identifies the reason why an understanding of the law applicable during this time impacts on how the managers of old waqf properties in Penang may embrace the present and envisage the future of such properties within the legal landscape today.

Item Type:	Book Chapter
Uncontrolled Keywords:	legal history - waqf – Penang – British colonial period
Subjects:	BPH Islamic Economics > BPH741 Waqf
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Prof. Dr. Sharifah Zubaidah Syed Abdul Kader
Date Deposited:	09 Dec 2021 11:17
Last Modified:	09 Dec 2021 11:17
URI:	http://irep.iium.edu.my/id/eprint/94565

Actions (login required)

View Item