Through legal doctrinal analysis, this article examines the legal framework for the management of... more Through legal doctrinal analysis, this article examines the legal framework for the management of waqf lands in Malaysia. It identifies the various laws relating to waqf existing in the states in Malaysia. It also looks at provisions in the National Land Code 1967 in relation to the status of waqf lands. It identifies some challenges in the management and development of waqf lands and offers some suggestions and recommendations.
This article explores the possibility of implementing the concept of waqf within the financial ma... 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 dedicated to be used for the betterment of the public (ummah), is now regarded as a catalyst for the third sector economy. While religious reward may motivate Muslim owners or tenants to contribute to the waqf fund, other benefits offered such as financial security, sustainability, accountability and transparency would invite contribution and build trust from both, Muslims and non-Muslims. With adequate awareness, initiatives, and effective marketing of waqf products, the waqf concept would be able to provide a sustainable source of funds to cater to short term and long term maintenance plans for strata schemes.
The development of Waqf lands in Malaysia is steadily growing and has attracted the interest of m... more The development of Waqf lands in Malaysia is steadily growing and has attracted the interest of many. States in Malaysia are beginning to promulgate their own Waqf enactments therefore granting their State Islamic Religious Council (SIRC) more power in administering and managing Waqf lands. Coupled with the call for a more effective method of registration and for the introduction of a Waqf registry, the administration of Waqf lands in Malaysia holds a promising future. The issue regarding management of disputes however remains as one of the lingering issues which hamper the development of this promising institution. A survey of surrounding literature shows that most of the Waqf related disputes brought to court relates to the question of validity of the Waqf land as well as the management of Waqf land by the SIRC as trustees. Coupled with questions of jurisdiction between the Shariah and civil courts, cases involving Waqf are usually exposed to extensive delays which in effect incur exorbitant costs for the parties involved. This has put the
This article examines the fiduciary element in the role of waqf trustees and those delegated with... 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 on waqf contains some fiduciary elements but there is a general lack of awareness and minimum guidelines on the fiduciary nature of the duties of waqf trustees.
This paper identifies three (3) legal challenges and four (4) administrative challenges for the d... more This paper identifies three (3) legal challenges and four (4) administrative challenges for the development of waqf in Malaysia and briefly suggests ways to overcome them.
Malaysia has no special law to regulate retail tenancies unlike the position in Australia and the... 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.
Through legal doctrinal analysis, this article examines the legal framework for the management of... more Through legal doctrinal analysis, this article examines the legal framework for the management of waqf lands in Malaysia. It identifies the various laws relating to waqf existing in the states in Malaysia. It also looks at provisions in the National Land Code 1967 in relation to the status of waqf lands. It identifies some challenges in the management and development of waqf lands and offers some suggestions and recommendations.
This article explores the possibility of implementing the concept of waqf within the financial ma... 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 dedicated to be used for the betterment of the public (ummah), is now regarded as a catalyst for the third sector economy. While religious reward may motivate Muslim owners or tenants to contribute to the waqf fund, other benefits offered such as financial security, sustainability, accountability and transparency would invite contribution and build trust from both, Muslims and non-Muslims. With adequate awareness, initiatives, and effective marketing of waqf products, the waqf concept would be able to provide a sustainable source of funds to cater to short term and long term maintenance plans for strata schemes.
The development of Waqf lands in Malaysia is steadily growing and has attracted the interest of m... more The development of Waqf lands in Malaysia is steadily growing and has attracted the interest of many. States in Malaysia are beginning to promulgate their own Waqf enactments therefore granting their State Islamic Religious Council (SIRC) more power in administering and managing Waqf lands. Coupled with the call for a more effective method of registration and for the introduction of a Waqf registry, the administration of Waqf lands in Malaysia holds a promising future. The issue regarding management of disputes however remains as one of the lingering issues which hamper the development of this promising institution. A survey of surrounding literature shows that most of the Waqf related disputes brought to court relates to the question of validity of the Waqf land as well as the management of Waqf land by the SIRC as trustees. Coupled with questions of jurisdiction between the Shariah and civil courts, cases involving Waqf are usually exposed to extensive delays which in effect incur exorbitant costs for the parties involved. This has put the
This article examines the fiduciary element in the role of waqf trustees and those delegated with... 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 on waqf contains some fiduciary elements but there is a general lack of awareness and minimum guidelines on the fiduciary nature of the duties of waqf trustees.
This paper identifies three (3) legal challenges and four (4) administrative challenges for the d... more This paper identifies three (3) legal challenges and four (4) administrative challenges for the development of waqf in Malaysia and briefly suggests ways to overcome them.
Malaysia has no special law to regulate retail tenancies unlike the position in Australia and the... 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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