Abdul Manaf, Zati Ilham (2026) Regulating the online solicitation of charitable funds in Malaysia: the legal framework for Islamic and non-Islamic charity. In: The 9th International Conference on Law and Society - Navigating Justice in the AI-Driven Society Through Harmonisation of Laws, 22 - 24 September 2026, ISTAC, Kuala Lumpur, IIUM Gombak Campus.
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Abstract
Charitable giving in Malaysia is increasingly conducted online, for both non-Islamic and Islamic causes, yet the country has no comprehensive law governing the online solicitation of charitable funds. This paper examines that framework and the gap it leaves for ordinary online appeals. It first defines the solicitation of charitable funds and aligns that definition with the varied terminology used in legislation and scholarship, from "fund-raising appeal" and "collection" to "charitable crowdfunding" and "online giving". It then analyses three instruments and their limitations: the House to House and Street Collections Act 1947, confined to physical collection; the state Administration of Islamic Law enactments, whose near-identical licensing provisions bind the State Islamic Religious Council but impose no duty toward donors; and the Securities Commission's Guidelines on Social Exchange Platforms 2025, which reach only registered non-profit organisations raising funds for defined social impact projects, excluding personal, emergency and general appeals. Between them, these instruments leave basic online solicitation, Islamic and non-Islamic alike, substantially unregulated and without donor-facing protection. Drawing on Singapore, the United Kingdom and Australia, the paper argues for a comprehensive, technology-neutral framework imposing donor-facing obligations and coordinated oversight across both regimes.
| Item Type: | Proceeding Paper (Invited Papers) |
|---|---|
| Uncontrolled Keywords: | Online Charitable Solicitation; Islamic Charity; Social Exchange Platform; Fundraising Regulation; Donor Protection |
| Subjects: | BPK Islamic law. Shari'ah. Fiqh K Law > K Law (General) K Law > K559 Comparative Law |
| Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): | Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law |
| Depositing User: | Dr Zati Ilham Abdul Manaf |
| Date Deposited: | 22 Oct 2026 09:12 |
| Last Update: | 22 Oct 2026 09:20 |
| Queue Number: | 2026-10-Q5760 |
| URI: | http://irep.iium.edu.my/id/eprint/131939 |
| Indexed In: | UNSPECIFIED |
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