OPTIMISING WAQF LAW FOR EFFECTIVE ADMINISTRATION: A COMPARATIVE ANALYSIS OF THE TRUSTEE ACT 1949 AND STATE WAQF ENACTMENTS

Abstract

Waqf, an Islamic social finance instrument, can be a tool for sustainable economic development if efficiently managed and optimally implemented. As more states in Malaysia seek to improve the governance and administrative responsibilities of their Waqf trustees through a regulatory framework, this article aims to propose statutory amendments that emphasise the principles of integrity and fairness in the pursuit of justice, ultimately improving the governance and administrative responsibilities of Waqf administrators in Malaysia. Using qualitative and comparative legal analysis, this study compares the duties of trustees under the Trustee Act of 1949 with those of Mutawalli and Nazhirs in selected Waqf enactments to provide insights for perfecting the current Waqf laws in Malaysia. The findings suggest that there is room for improvement in terms of administration and governance, and the provisions of the Trustee Act of 1949 can serve as a useful reference.