- Professor at Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). Research areas include waqf, property law and legal education.edit
In Malaysia, land fraud continues to be a risk to landowners. Unfortunately, current legal redresses are insufficient to protect the interests of the land fraud victims. This research explores the need to introduce a compensation scheme... more
In Malaysia, land fraud continues to be a risk to landowners. Unfortunately, current legal redresses are insufficient to protect the interests of the land fraud victims. This research explores the need to introduce a compensation scheme as part of the Torrens system in Malaysia to provide statutory monetary compensation to land fraud victims. This paper employs library-based doctrinal study and comparative legal analysis. This research resolves that a compensation scheme should be established as one of the risk mitigations measures in facing land fraud.
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Due to the significant nature of private housing project to public at large, housing developments in Malaysia is governed by stringent laws and regulations with the main purpose of protecting the interests of buyers. Despite the existence... more
Due to the significant nature of private housing project to public at large, housing developments in Malaysia is governed by stringent laws and regulations with the main purpose of protecting the interests of buyers. Despite the existence of these legal instruments, complaints on housing-related problems remain one of major consumers' complaints in Malaysia for the past many years. This includes complaints relating to abandoned project, late delivery of vacant possession, low quality material and workmanship, lack of basic amenities etc. In addition to the system of 'sell then build' that is commonly blamed for causing those problems, the question also arises as to whether the laws have been effectively implemented and enforced. The study aims to assess the existing enforcement mechanisms in housing industry which may be derived from private, public, administrative and self-regulations initiatives. The focus is to identify the adequacy and weaknesses of each mechanism in...
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Five (5) states in Malaysia have introduced their own waqf laws. The other five (5) states are working on new laws and the remaining states maintain waqf matters in the general statutes on administration of Islamic law. The new... more
Five (5) states in Malaysia have introduced their own waqf laws. The other five (5) states are working on new laws and the remaining states maintain waqf matters in the general statutes on administration of Islamic law. The new developments which took place in the 5 states are expected and most awaited after voluminous researches reveal that the legal framework has contributed to the slow development of waqf in Malaysia. Using the doctrinal approach and comparative analysis method, this study reviews the latest developments in the waqf enactments of Selangor, Perak and Terengganu and discusses how the changes in the laws have helped to improve the slow and restricted jurisdiction (legal framework?) dealing with waqf. The findings show that the new Enactments have addressed most of the observations from the previous literatures especially with regards to challenges in waqf development. Observations also relate to the fast development of waqf which moves in tandem with various other a...
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The foundation and educational systems in Turkey experienced major reforms after the establishment of the Turkish Republic. The Civil Code and Foundation Law which governed both systems were unified under the Foundation Law 2008 for the... more
The foundation and educational systems in Turkey experienced major reforms after the establishment of the Turkish Republic. The Civil Code and Foundation Law which governed both systems were unified under the Foundation Law 2008 for the betterment of both systems. Under this new unified law, a foundation can form a university, provided certain procedural requirements are satisfied. Hence, the main objective of this article is to examine the procedural requirements to establish a Foundation University. By applying the doctrinal approach, this study reviews several past studies and related several laws. Semi-structured interviews were conducted with several Turkish respondents in order to clearly examine the topic studied. Content analysis is used to analyze the data obtained. Finally, this study aims to promote a robust international benchmark for waqf (foundation) to be practiced in universities, including in Malaysia.
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This paper examines the evolution and development of the trust, foundation and waqf concepts from the legal historical perspective and looks at how these concepts are being used in present times.
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This book can be used in other law schools offering the Bachelor of Laws programme such as UM, UiTM, UKM, UNiSZa, UUM, USIM, MMU and Taylors University. All law students who are reading law in Malaysia will have to undertake the core... more
This book can be used in other law schools offering the Bachelor of Laws programme such as UM, UiTM, UKM, UNiSZa, UUM, USIM, MMU and Taylors University. All law students who are reading law in Malaysia will have to undertake the core subject of Equity and Trust. It is also useful as a source of reference to law schools outside Malaysia and other members with legal background in all sectors, locally or at the international front, as it offers a use preliminary insight on how equitable remedies and relief work in Malaysia.
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The paper discusses the relief of specific performance (SP) and deals with types and nature of contract that may be ordered by the court to be specifically performed and those that cannot be specifically performed. Specifically, the paper... more
The paper discusses the relief of specific performance (SP) and deals with types and nature of contract that may be ordered by the court to be specifically performed and those that cannot be specifically performed. Specifically, the paper analyses the circumstances in which the courts decide to grant SP and not to grant SP for land contract. Under the law, the remedy of SP is discretionary and scuh discretion to be exercised according to well established principles. It is found out that the right to sue for SP in equity is quite distict from the cause of action at common law. SP is granted when there are circumstances justifying it. The grant of SP is always subject to conditions.SP is said to be the best remedy for breach of immovable contract.
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Cash awkaf (plural of waqf ) have been a well-recognised tool for social development of Muslims in various countries wherever they are being practiced. It is governed by set of Islamic principles pertaining to awqaf converted by some... more
Cash awkaf (plural of waqf ) have been a well-recognised tool for social development of Muslims in various countries wherever they are being practiced. It is governed by set of Islamic principles pertaining to awqaf converted by some countries into legislation. In those countries, they have proven to be one of the tools for social welfare and alleviation and ultimate eradication of poverty, based on the will of the waqeefs. In order to serve the purpose of their creation, it is better if the waqf money is allowed to be invested in the interest of the beneficiaries and growth of the awqaf. There are a number of legal issues pertaining to administration of cash waqf, which are yet to be addressed. The existing literatures on cash waqf also do not have definite answers to them. In Nigeria, cash waqf is not well in practice. Because of this reason, there is lack of a legal framework on it. The paper reviewed the existing literatures on cash waqf, but they are not dealing with it in the ...
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Seaports represent economic development and act as focal points in the global strategic environment. The economic contribution through seaports of Malaysia relies heavily on safe passage of merchant ships through the Straits of Malacca... more
Seaports represent economic development and act as focal points in the global strategic environment. The economic contribution through seaports of Malaysia relies heavily on safe passage of merchant ships through the Straits of Malacca and at Malaysian ports. The economic advantages to the Malaysian government due to the presence of the surrounding sea are enormous. However, these economic advantages through the ports are not without their own challenges as ships that call to unload are vulnerable to shipment of dangerous cargo and weapons. The question is whether the government should enhance the monitoring of foreign ships that unload at Malaysian ports bringing enormous economic gains to Malaysia? This paper recommends that economic gain should not be given priority over port security as the former may not be capable of remedying the havoc that could result through negligence in the latter.ABSTRAKPelabuhan melambangkan pembangunan ekonomi dan bertindak sebagai titik tumpu dalam p...
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This article explores the possibility of implementing the concept of waqf within the financial management of a strata scheme for the purpose of covering the costs to maintain and manage common properties. High prices of land and the lack... more
This article explores the possibility of implementing the concept of waqf within the financial management of a strata scheme for the purpose of covering the costs to maintain and manage common properties. High prices of land and the lack of strategic locations for housing has influenced developers to opt for stratified development. The challenge, most of the time, pertains to the maintenance of common areas, which requires substantial funds and professionalism, as well as skills in developing social and human relationships, despite the continual increase in the costs of management. Using doctrinal analysis of primary and secondary data, as well as comparative analysis with strata regulations in Australia, the study concludes that cash waqf can play a role as a potential vehicle to raise funds to maintain and manage common properties in strata schemes. The concept of waqf, where a certain category of properties is released from the ownership of man permanently while its benefits are ...
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The Constitution of Zanzibar 1984, the Land Tenure Act 1992 and the Land Acquisition Decree 1909 introduces conflicting concepts of ‘acquisition’ and ‘termination’. As there is a law on acquisition and another for termination, the land... more
The Constitution of Zanzibar 1984, the Land Tenure Act 1992 and the Land Acquisition Decree 1909 introduces conflicting concepts of ‘acquisition’ and ‘termination’. As there is a law on acquisition and another for termination, the land acquisition officers are faced with difficulties in selecting the right approach, not to mention that the law on termination does not have provisions in guiding the termination process e.g. notice and inquiry. The land acquisition institutions also seems not to be taking orders from a single authority, rather than the whole government and the local government having command in acquiring land rights and interests. The practicalities of the land acquisition which are enlighten in this paper, have identified the use of force in acquiring private lands for private investment. Other issues include discrepancies in paying compensation, deficiencies in the inquiry and notice and lack of court’s approval prior to acquiring private land rights. The authors use different approaches to reveal significant issues in the land acquisition process in Zanzibar. These methods include an analysis of case laws and legislative instruments. The interviews conducted with the land officers and deprived land holders early 2015 are also referred. This paper concludes with recommendations for the Zanzibar Government to consider, such as amendment of laws and backing up the land acquisition process with principles of transparency, accountability and public participation.
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Social Impact Assessment (SIA) is an assessment tool that assess the social effects of infrastructure and major projects and is conducted in many countries, including the United States, Australia, Canada, India, South Africa, New Zealand,... more
Social Impact Assessment (SIA) is an assessment tool that assess the social effects of infrastructure and major projects and is conducted in many countries, including the United States, Australia, Canada, India, South Africa, New Zealand, and Japan. Malaysia requires such form of assessment for projects deemed to have social implications prior to obtaining planning permission from the local planning authorities. The requirement of the submission of SIA report as part of planning permission requirement necessitates from section 20B (2) of the Town and Country Planning Act 1976. Based on several studies, there are several legal issues arises from the SIA approval process, affecting various stakeholders. As such, this research aims to analyse the implementation of SIA from the Malaysia’s policy and legal perspective using qualitative method of systematic literature review and content analysis. Analysis of literatures show that the SIA framework in Malaysia can be improved as to make th...
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The establishment of any non-profit organisations in Malaysia under the Trustees(Incorporation) Act 1952empowers the Legal Affairs Division at the Prime Minister’s Department to issue a licence to enable a charitable trust fund to be... more
The establishment of any non-profit organisations in Malaysia under the Trustees(Incorporation) Act 1952empowers the Legal Affairs Division at the Prime Minister’s Department to issue a licence to enable a charitable trust fund to be created as a foundation. The foundation is authorize to collect funds from the public and obtain tax exemption from the Inland Revenue Board. The main problem is the Legal Affairs Division is not given the full authority to act as the main regulator in order to ensure that all activities and funds collected and donated are used solely for charitable purposes. What more in the modern advancement of digital technology, the lack in the method of monitoring should not be an issue. Through doctrinal and legal study and content analysis, this paper analyses the important provisions under the Trustees(Incorporation) Act 1952, by highlighting the present practices involving the establishment of a foundation under this Act and the need for further improvement in...
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Legal and Sharīʿah issues abound in creating security to finance waqf property development in Malaysia, for it involves integrating the Sharīʿah concept of waqf with requirements of Malaysian land law as well as the requirements of modern... more
Legal and Sharīʿah issues abound in creating security to finance waqf property development in Malaysia, for it involves integrating the Sharīʿah concept of waqf with requirements of Malaysian land law as well as the requirements of modern finance under civil law. Banks and financial institutions will not generally finance property development without any form of security for the loan. The best type of security transaction under Malaysian land law is to create a charge on the land under the National Land Code 1965, rendering the land liable as a security which upon default of the chargor, would entitle the chargee to seek statutory remedies including sale of the land. Such may not be feasible for waqf properties due to the inalienable nature of such properties. Due to the remedy of sale of the land upon default, the same issues would arise in regard to other types of securities like a lien and a loan agreement cum assignment. There is therefore a need to diversify the available options in creating security over waqf property. What are the existing Sharīʿah restrictions on waqf property? Do these restrictions affect the creation of security over waqf lands under conventional Malaysian land law? What are the legal and Sharīʿah issues relating to creating a charge over waqf lands? What are some feasible options? Initial findings are that creating a charge on a lease of waqf land as well as resorting to a hybrid form of a traditional security transaction in Malaysia, called ‘Jualjanji’, may hold some answers. Through doctrinal legal research and content analysis, this chapter explores these issues and recommends feasible solutions.
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This paper seeks to look at waqf administration in Peninsular Malaysia from the perspective of enforcement of the law. ‘Waqf’ is listed under the State List of the Federal Constitution 1957 and thus comes under the jurisdiction of the... more
This paper seeks to look at waqf administration in Peninsular Malaysia from the perspective of enforcement of the law. ‘Waqf’ is listed under the State List of the Federal Constitution 1957 and thus comes under the jurisdiction of the state governments. Given the multifarious backgrounds of the states and religions in Malaysia, the question is how far does the administration of waqf lands achieve some semblance of uniformity and whether waqf lands are able to realize its role to be able to endow maximum benefits to the Muslim ummah as a whole and specifically those named as beneficiaries? The issue often raised in academic and non-academic discourses on waqf lands in Malaysia is that the legal provisions specifically the National Land Code 1965, is not able to strictly guarantee the protection accorded to waqf lands according to that which is required by the teachings of Islam. The lack of understanding of legal practitioners and the legal draftsmen of yore which began from the time...
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One of the most vital engines motivating global economic progress and development in recent times is the freedom to participate in seaborne trade the world over. Moderately unhindered right to traverse the world's ports is an... more
One of the most vital engines motivating global economic progress and development in recent times is the freedom to participate in seaborne trade the world over. Moderately unhindered right to traverse the world's ports is an essential component of the global economic success and development story. In the like manner, the serious threats posed to global order by international terrorism, piracy, oil theft and bunkering, to mention but a few, have given rise to overriding and all important national security concerns among the port states. In response to these challenges, some states have increased their strategy with the establishment of maritime security enforcement forces like the Coast Guard in U.S, the Malaysian Maritime Enforcement Agency (MMEA) in Malaysia and the Nigerian Maritime Administration and Safety Agency (NIMASA), to address the problem. However, the Nigerian government has now changed the policy and firmed-out enforcement and surveillance activities in the entire ...
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All the laws relating to waqf in Malaysia contain a provision that make the State Islamic Religious Council as ‘sole trustee’ of all waqf properties in their respective states. This effectively makes the State Islamic Religious Council as... more
All the laws relating to waqf in Malaysia contain a provision that make the State Islamic Religious Council as ‘sole trustee’ of all waqf properties in their respective states. This effectively makes the State Islamic Religious Council as the sole waqf authority for the state. Problems have arisen in regard to the scope of powers of the State Islamic Religious Councils in exercising their powers as ‘sole trustee’ for waqf in Malaysia. With the aim of minimising these problems and seeking legal solutions, this paper examines the meaning and legal consequences arising from the term ‘sole trustee’ in the context of waqf laws in Malaysia. It traces the rationale for inclusion of such provision and identifies some anomalies arising therefrom. This study adopts the doctrinal legal research method and uses primary legal sources such as statutes and decided cases as well as content analysis of the shariah sources to extract the meaning and legal and the shariah consequences of the term. It ...
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Waqf falls under the jurisdiction of the Syariah Court according to List II of the Ninth Schedule to the Federal Constitution. This is further entrenched in the Administration of Islamic Law Enactments of the respective states in... more
Waqf falls under the jurisdiction of the Syariah Court according to List II of the Ninth Schedule to the Federal Constitution. This is further entrenched in the Administration of Islamic Law Enactments of the respective states in Malaysia. Nevertheless, from judicial decisions, ‘waqf’ is still, until today, being determined by the civil courts.In some judicial decisions, waqf issues have been marginalized by the civil courts as they are considered side issues. In consequence, the persons having interest in waqf under Islamic law are deprived of their rights. This paper will elaborate on the series of decided cases involving waqf in Malaysia, examine the issues raised, and will also analyze the judicial decisions made. Such analysis will assist in formulating a future framework for the management and development of waqf lands in Malaysia.
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The word ‘waqf’ is used by many authors to indicate the holding of a certain asset by a person having the trust and preserving it for the benefit of the beneficiary. Being sanctioned by religion as a perpetual charitable donation (sadaqah... more
The word ‘waqf’ is used by many authors to indicate the holding of a certain asset by a person having the trust and preserving it for the benefit of the beneficiary. Being sanctioned by religion as a perpetual charitable donation (sadaqah al-jāriyah), waqf has become an important agenda for the economic empowerment of the Muslims. Emanating from a saying (ḥadīth) of Prophet Muhammad (SAW). narrated by Muslim: “When the son of Adam dies, his deeds are cut off, except in three: perpetual charitable donation and useful knowledge that is made good use of it and the pious son who prays for him”., Muslims believe that waqf is a form of continuous charity where the rewards for this type of charity continue even after the donor’s death, —for as long as people continue to benefit from the waqf. Such is its sustainability.
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Malaysia has no special law to regulate retail tenancies unlike the position in Australia and the United Kingdom. Such a situation leaves the landlord-tenant relationship for retail tenancies to be regulated wholly by market forces which... more
Malaysia has no special law to regulate retail tenancies unlike the position in Australia and the United Kingdom. Such a situation leaves the landlord-tenant relationship for retail tenancies to be regulated wholly by market forces which may not be able to address power imbalances that may adversely affect the relationship. This article discusses the present tenancy law in Malaysia, identifies gaps, looks at the position in Australia and highlights defining features of the law regulating retail tenancies there. Employing both,quantitative and qualitative research methods, a survey was carried out on landlords and tenants of retail premises in the Klang Valley. The findings reveal that there are various issues and problems arising out of the relationship of landlord and tenant of retail premises in the Klang Valley and that both generally favour proposals to improve this relationship. A majority of respondents are agreeable to a special mediation body for settling retail tenancy disp...
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Purpose - This paper aims to discuss the scope of powers exercised by the State Islamic Religious Council (SIRC) when appointing universities to manage their waqf funds.This study also examines the concepts of Nazir, Mutawalli and Qayyim... more
Purpose - This paper aims to discuss the scope of powers exercised by the State Islamic Religious Council (SIRC) when appointing universities to manage their waqf funds.This study also examines the concepts of Nazir, Mutawalli and Qayyim under the Shariah and Malaysian laws for the management of waqf in the universities.Additionally, several universities are selected in this study to show the varied powers entrusted by the SIRC to the universities in managing their waqf funds. Problem Statement - Legitimately, universities in Malaysia need to get approval from the SIRCs before implementing waqf in their institutions due to the sole trustee power exercised by the SIRC.Practically, in granting the permission for a university to establish a waqf fund, SIRCs provide procedures for universities to follow.From the study conducted, the procedures to be complied with are not spelt out yet in the enactments relating to waqf of the states.Therefore, the procedures to be followed may be change...
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This article discusses the latest trends in international waqf research for purposes of better management and administration in Malaysia. Its employs a doctrinal qualitative analysis, studying and analysing existing literature including... more
This article discusses the latest trends in international waqf research for purposes of better management and administration in Malaysia. Its employs a doctrinal qualitative analysis, studying and analysing existing literature including research papers, statutes and primary authorities, in order to identify and recommends areas and the need for future research. The finding are that the trend and demand for waqf is no more restricted to identifying the basic legal framework and jurisprudence of waqf but the timely need to synergise, innovate, co-create and interface with other sectors and disciplines and strategising for waqf creation and development. In achieving the objective, the law must be strengthened, human capital management must be enhanced and support from the authorities is vital to match the professionalism of the complimentary sectors.
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One of the common features of the Torrens land registration system is that it provides compensation scheme to indemnify all persons who are deprived of their land or suffered loss from the malfunction of the system. Nevertheless, the... more
One of the common features of the Torrens land registration system is that it provides compensation scheme to indemnify all persons who are deprived of their land or suffered loss from the malfunction of the system. Nevertheless, the compensation scheme has been absence from the Malaysian Torrens system since it’s inception. The question is whether non-adoption of the compensation scheme in the land registration system would render the system defect and detrimental to the user of the system? If so, then there is an urgent need to review the lacuna in the existing land registration system. This paper examines the rationale behind the compensation scheme and the necessity for such scheme to be adopted as a backstop to the state guaranteed title. This paper suggests that a statutory compensation scheme is to be established in the Torrens system in Peninsular Malaysia if the system is to remain effective and relevant in the 21 st century.
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The United Nations Framework Convention on Climate Change (UNFCCC), of which Malaysia is a party, was adopted as a basis for a global response to the effects of climate change. Malaysia also ratified the Kyoto Protocol, but being a... more
The United Nations Framework Convention on Climate Change (UNFCCC), of which Malaysia is a party, was adopted as a basis for a global response to the effects of climate change. Malaysia also ratified the Kyoto Protocol, but being a developing country is not subjected to any commitments towards reducing greenhouse gases (GHG) emissions at present. Nevertheless, from a domestic compliance perspective, Malaysia’s commitment is evident through various national responses demonstrating its seriousness in addressing climate change issues. As a developing country however, Malaysia is cautious that any response to climate change must be balanced with its continuing need to grow, to increase its per-capita income, and to raise its living standards, in accordance with the principle of sustainable development. This chapter focuses on changes that have taken place within Malaysia’s policies and laws in dealing with the compelling climate change issue, while taking into consideration its various ...
This article examines the fiduciary element in the role of waqf trustees and those delegated with powers over waqf management. It first examines waqf trustees and their duties. It then scrutinises the nature of fiduciary duties under the... more
This article examines the fiduciary element in the role of waqf trustees and those delegated with powers over waqf management. It first examines waqf trustees and their duties. It then scrutinises the nature of fiduciary duties under the law, in particular and at more length, the fiduciary duty of trustees. In order to investigate whether waqf trustees have a fiduciary relationship with the donor and waqf beneficiaries, the article then examines the nature of fiduciary duties under the Shariah. The exposition applies fiduciary principles and practices governing trustees and endowment managers and compares this with Islamic principles of trust (Amanah) as a benchmark to assess the degree of duty owed by the waqf trustees. To ascertain whether the legal framework on waqf trustees in Malaysia contain any fiduciary elements, the law relating to waqf trustees in Malaysia is analysed with reference to relevant provisions in the waqf enactments and decided cases. It is found that the law o...
Many Higher Education Institutions (HEIs) in Malaysia have established waqf funds to generate and diversify their incomes. Good governance practices are recognized as a key success factor for the sustainability of waqf in HEIs. This paper... more
Many Higher Education Institutions (HEIs) in Malaysia have established waqf funds to generate and diversify their incomes. Good governance practices are recognized as a key success factor for the sustainability of waqf in HEIs. This paper provides an insight into the concept of good governance in HEIs and elaborates on several of its dimensions. Through intensive literature review as well as content analysis, it explains the concept of good governance and discusses how this concept could be practiced in sustaining waqf in HEIs. In summary, this paper adds value to the existing literature on governance as it explores the fundamental concepts for governance practices in waqf for HEIs. It is hoped that this paper will provide some requisite inputs towards improvement and efficient management of waqf in HEIs.
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The inadequacy of comprehensive laws for Waqf administration is one of the main issues that has limited the development of Waqf in Malaysia. Whilst most states in Malaysia rely on their Administration of Islamic Law enactments, in 1999... more
The inadequacy of comprehensive laws for Waqf administration is one of the main issues that has limited the development of Waqf in Malaysia. Whilst most states in Malaysia rely on their Administration of Islamic Law enactments, in 1999 Selangor pioneered a Waqf enactment which specifically oversees Waqf administration and management. With the promulgation of the Selangor Waqf Enactment 1999, the administration of Waqf in Selangor became more regulated and structured. However, as matters pertaining to Waqf practices became more complex, Selangor repealed its 1999 Waqf Enactment and replaced it with the 2015 Waqf Enactment. This research therefore analyses the evolution of Waqf 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 Waqf governance framework in the state. By assessing the position of the 2015 Waqf Enactment, it determines ...
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The idea that local authorities should be the ones determining the affairs of their local authority areas is an engrained rule in the structure of the Malaysian style of government. Of late, regional planning has gained prominence with... more
The idea that local authorities should be the ones determining the affairs of their local authority areas is an engrained rule in the structure of the Malaysian style of government. Of late, regional planning has gained prominence with the realization that it promotes effective and efficient use of resources and reduces regional imbalances and poverty as well as may help in achieving sustainable development. Malaysia has the legal framework for establishing a regional planning authority that crosses the boundaries of two or more states, yet none has been set up to date. This paper analyses the related provision, examines the proposed institutional framework and identifies the challenges that the government may face in establishing a regional planning authority, including political will, state autonomy in a federal system of government, and the scope and powers of such authority. A comparison of the setting up of regional authorities in Australia and Canada is also included, being co...
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Zanzibar land law has been influenced by customary tenure, foreign principles and conventional land regulation. Islamic principles, being the most practiced faith in Zanzibar, are also largely reflected in the regulations and laws of... more
Zanzibar land law has been influenced by customary tenure, foreign principles and conventional land regulation. Islamic principles, being the most practiced faith in Zanzibar, are also largely reflected in the regulations and laws of land. This article examines the compatibility of the land tenure laws in Zanzibar with Islamic principles relating to land rights. A comprehensive research has been made through legislation, case laws, textbooks, journal articles, Islamic and Muslim literatures to investigate the compatibility of present land laws in Zanzibar on Islamic principles. This article has come to a conclusion that the Zanzibar land tenure is significantly compatible to Islamic principles save with some challenges facing the land tenure laws. For example, Zanzibar land law, as they presently stand, have provisions contrary to Islamic principles such as permitting interests, land monopoly and land confiscation. Hence, some recommendations are given for the Zanzibar Government to...
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This article explores the possibility of implementing the concept of waqf within the financial management of a strata scheme for the purpose of covering the costs to maintain and manage common properties. High prices of land and the lack... more
This article explores the possibility of implementing the concept of waqf within the financial management of a strata scheme for the purpose of covering the costs to maintain and manage common properties. High prices of land and the lack of strategic locations for housing has influenced developers to opt for stratified development. The challenge, most of the time, pertains to the maintenance of common areas, which requires substantial funds and professionalism, as well as skills in developing social and human relationships, despite the continual increase in the costs of management. Using doctrinal analysis of primary and secondary data, as well as comparative analysis with strata regulations in Australia, the study concludes that cash waqf can play a role as a potential vehicle to raise funds to maintain and manage common properties in strata schemes. The concept of waqf, where a certain category of properties is released from the ownership of man permanently while its benefits are ...
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This paper gives a general overview of the legal framework relating to waqf in Malaysia focusing particularly on waqf lands. The author looks at the constitutional position of waqf, examines waqf lands and the National Land Code 1965,... more
This paper gives a general overview of the legal framework relating to waqf in Malaysia focusing particularly on waqf lands. The author looks at the constitutional position of waqf, examines waqf lands and the National Land Code 1965, explains state level waqf laws and the federal agency in charge of waqf in Malaysia.
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Page 1. Electronic copy available at: http://ssrn.com/abstract=2007487 CHAPTER 16 DISPUTES AND ISSUES RELATING TO SALE AND PURCHASE OF LAND IN MALAYSIA by SHARIFAH ZUBAIDAH SYED ABDUL KADER ...
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Malaysia has no special law to regulate retail tenancies unlike the position in Australia and the United Kingdom. This paper discusses the present tenancy law in Malaysia, identifies gaps, looks at the position in Australia and highlights... more
Malaysia has no special law to regulate retail tenancies unlike the position in Australia and the United Kingdom. This paper discusses the present tenancy law in Malaysia, identifies gaps, looks at the position in Australia and highlights defining features of the law regulating retail tenancies there. Employing both, quantitative and qualitative research methods, a survey was carried out on landlords and tenants of retail premises in the Klang Valley. The findings reveal that there are various issues and problems arising out of the relationship of landlord and tenant of retail premises in the Klang Valley and that both generally favour proposals to improve this relationship. A majority of respondents are agreeable to a special mediation body for settling retail tenancy disputes so as to avoid court action. Further, a large proportion of respondents are also supportive of a specific law to regulate retail tenancies. The paper concludes with recommendations on the defining features of a proposed law to regulate retail tenancies in Peninsular Malaysia.
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This paper traces the evolution of charitable institutions including the concepts of trust, foundation and waqf. It observes that all three have emerged as a result of the deficiencies and restrictions existing under positive law... more
This paper traces the evolution of charitable institutions including the concepts of trust, foundation and waqf. It observes that all three have emerged as a result of the deficiencies and restrictions existing under positive law concerning the ownership and devolution of property. It concludes that these three concepts offer good alternatives to avoid the risks of capitalism.