TY - JOUR AU - Abdul Manaf, Zati Ilham AU - Syed Abdul Kader, Sharifah Zubaidah AU - Mohamad, Nor Asiah PY - 2019/12/18 Y2 - 2024/03/28 TI - EXAMINING THE EVOLUTION OF WAQF REGULATIONS IN SELANGOR: AN ANALYSIS OF THE GOVERNANCE FRAMEWORK AND TRANSFORMATIVE APPROACH JF - IIUM Law Journal JA - IIUMLJ VL - 27 IS - 2 SE - ARTICLES DO - 10.31436/iiumlj.v27i2.418 UR - https://journals.iium.edu.my/iiumlj/index.php/iiumlj/article/view/418 SP - 337-365 AB - <p>The inadequacy of comprehensive laws for <em>Waqf</em> administration is one of the main issues that has limited the development of <em>Waqf</em> in Malaysia. Whilst most states in Malaysia rely on their Administration of Islamic Law enactments, in 1999 Selangor pioneered a <em>Waqf</em> enactment which specifically oversees <em>Waqf</em> administration and management. With the promulgation of the Selangor <em>Waqf</em> Enactment 1999, the administration of <em>Waqf</em> in Selangor became more regulated and structured. However, as matters pertaining to <em>Waqf</em> practices became more complex, Selangor repealed its 1999 <em>Waqf</em> Enactment and replaced it with the 2015 <em>Waqf</em> Enactment. This research therefore analyses the evolution of <em>Waqf</em> in Selangor through the two respective enactments, by identifying the changes in practices and scrutinising the rationales for the development of the laws. It also analyses how the laws have impacted the <em>Waqf</em> governance framework in the state. By assessing the position of the 2015 <em>Waqf</em> Enactment, it determines whether the current legislative demand posed by <em>Waqf</em> development in the state is met and whether the change in approach should be followed by other states in Malaysia. Doctrinal legal research is utilised to examine the two enactments respectively. Legislative Assembly Proceedings related to the promulgation of the respective enactments were also examined to further understand the reasoning behind the repeal and the introduction of certain provisions. It is found that although the 2015 <em>Waqf</em> Enactment is more comprehensive than the 1999 <em>Waqf</em> Enactment, further improvements can be made to better achieve transparency and accountability on the part of the <em>Waqf</em> administrators.</p> ER -