DEVELOPMENTS IN HARMONISATION OF SHARĪꜥAH AND LAW ON WAQF
DOI:
https://doi.org/10.31436/iiumlj.v32i2.989Keywords:
Harmonisation, Islamisation, Waqf, Endowment, Islamic Social FinanceAbstract
Sharīꜥah-compliant social finance products are in high demand worldwide. Waqf is one of the above instruments based on which can be designed and implemented in line with Sharīꜥah. The complexities in Malaysia due to the adoption of the dual legal system, the federal-state background, and the exclusive jurisdiction of the state on Islamic matters have, to a certain extent, produced differences in procedures and laws, as well as in the area of waqf. This paper highlights the justification for, the processes related to, and developments in the harmonisation of waqf related laws in Malaysia, within the diverse legal background of the country. It adopts the method of doctrinal analysis, looking into various laws, articles, books, and research papers. The paper argues that harmonisation initiatives involving multiple fields, including law, policy, education, and strategic cooperation, are necessary to elevate waqf beyond the social philanthropy paradigm. It is found that the position of Islamic laws in Malaysia, to a certain extent, has impacted the development of waqf, especially in the jurisdictions of Sharīꜥah Court and civil court. The recognition of Islamic finance via specific laws has contributed to designing the framework of laws on waqf. History shows that a lack of understanding of the concept of waqf, especially related to its difference from the English concept of trust and the division of power between federal and state authorities, has also influenced the slow development of waqf in Malaysia. This paper recommends standardisation of state laws and a change of mindset among administrators, which are crucial for the sustainability of waqf in Malaysia. It is hoped that this study shall contribute to the preparation of new policies and laws especially in the Malaysian context.
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References
Mohammad Hashim Kamali. (2007) “Sharīah and Civil Law: Towards a Methodology of Harmonization. Islamic Law and Society”. Vol. 14. No. 3. (2007): 391-420.
Muhammad Abdurrahman Sadique and Rashid, Sayyed Khalid. Re-assessment of Family Waqf. IIUM Press. (2017), 40.
Muhammad Abdurrahman Sadique. (2015) The socio legal significance of family waqf and its revival under state control. South East Asia Journal of Contemporary Business, Economics and Law, 7 (4). pp. 63-69. ISSN 2289-1560
Muhammad Abdurrahman Sadique., Ansari, A. H., Hingun, M., & Hasan, A. (2016). Socio-Legal Significance of Family Waqf in Islamic Law: Its Degeneration and Revival. IIUMLJ, 24(2). https://doi.org/10.31436/iiumlj.v24i2.275
Nor Asiah Mohamad, “Islamisation of Law: The Malaysian Experience,” (Paper presented at Guest Lecture, The Harmonisation of Malaysian Law and Islam, Sultan Mehmet Fatih Vakif University, Turkey, November, 2019).
Nor Asiah Mohamad. (2012). Dealing With Environmental Issues: Preparing A Framework for Environmental Education, Policy And Laws In Malaysia. IIUMLJ, Vol.15(1). https://doi.org/10.31436/iiumlj.v15i1.57
Norshahril Saat and Afra al Attas, “Islamisation in Malaysia Beyond UMNO and PAS”, https://www.iseas.edu.sg/articles-commentaries/iseas-perspective/2022-96-islamisation-in-malaysia-beyond-umno-and-pas-by-norshahril-saat-and-afra-alatas/
Nur Yuhanis Ismon, and Mohsin Hingun. (2020) “Fiscal Advantage of Waqf and the Rule of Tax Exemption for Charitable Purposes under the Income Tax Act 1967," IIUMLJ Vol. 28. (2020): 253.
Salehuddin Md Dahlan, Nor Asiah Mohamad, and Nuarrual Hilal Md Dahlan. "Influence of the British Colonialist on Waqf Practice in Penang, Malaysia: Reflections on its legal history," UUM Journal of Legal Studies Vol. 13. No. 2. (2022): 295-316.
Ramizah Wan Muhammad. “What Makes a Law “Islamic? A Preliminary Study on the Islamicity of Laws in Malaysia”. 27 (1) 2019 IIUMLJ 209, 232. DOI 10.31436/iiumlj. v27i1.420.
Suhailah Hussin, Arifin Mamat, and Ssekamanye Siraje Abdallah, "The Perceptions, Practices and Challenges of the Integration of Knowledge amongst the Academics of International Islamic University Malaysia (IIUM)," Al-Shajarah: Journal of the International Institute of Islamic Thought and Civilization (ISTAC) (2018): 117-130.
Zati Ilham Abdul Kadir, Khadijah Najid, Muhammad Amrullah Najhan Ibrahim, “Optimising Waqf Law for Effective Administration: A Comparative Analysis of the Trustee Act 1949 and the State Waqf Enactments”, Vol. 31 No.1 (2023) IIUM Law Journal, 235-260
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