Legal considerations of housing development on waqaf land in Malaysia
The State Islamic Religious Council is the sole trustee of waqaf land of the respective states in Malaysia. The Department of Waqaf, Zakat and Hajj (JAWHAR) and its wing Yayasan Waqaf Malaysia are entities at the Federal level that coordinate waqaf administration and development across the States....
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my.iium.irep.836142020-10-22T14:13:20Z http://irep.iium.edu.my/83614/ Legal considerations of housing development on waqaf land in Malaysia Ahmad Sarkawi, Azila Aripin, Srazali H Social Sciences (General) The State Islamic Religious Council is the sole trustee of waqaf land of the respective states in Malaysia. The Department of Waqaf, Zakat and Hajj (JAWHAR) and its wing Yayasan Waqaf Malaysia are entities at the Federal level that coordinate waqaf administration and development across the States. Some States have established their own waqaf development authority. Administration of waqaf falls under States’ matters governed by respective State Islamic Administration Enactment. However, there are five States so far that have treated waqaf under specific Enactments, namely Selangor, Melaka, Negeri Sembilan, Terengganu and Perak. This paper examines the first three States’ Waqaf Enactment in relation to housing development on waqaf land. A document analysis was conducted to identify their housing development related provisions. It can be said that there is no provision on housing related in these Enactments other than reference to fatwa committee for determination of hukum syarak on any development related to waqaf. Notwithstanding, these Enactments must be read together with other laws related to housing development in Malaysia. Hence, this paper provides an overview of the legal considerations of housing development on waqaf land in Malaysia. IDOSI Publications 2017 Article PeerReviewed application/pdf en http://irep.iium.edu.my/83614/1/83614_Legal%20Considerations%20of%20Housing%20Development%20on%20Waqaf_article.pdf Ahmad Sarkawi, Azila and Aripin, Srazali (2017) Legal considerations of housing development on waqaf land in Malaysia. World Applied Sciences Journal, 35 (12). pp. 2591-2596. ISSN 1818-4952 https://www.idosi.org/wasj/wasj35(12)17/12.pdf 10.5829/idosi.wasj.2017.2591.2596 |
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H Social Sciences (General) Ahmad Sarkawi, Azila Aripin, Srazali Legal considerations of housing development on waqaf land in Malaysia |
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The State Islamic Religious Council is the sole trustee of waqaf land of the respective states in
Malaysia. The Department of Waqaf, Zakat and Hajj (JAWHAR) and its wing Yayasan Waqaf Malaysia are
entities at the Federal level that coordinate waqaf administration and development across the States. Some
States have established their own waqaf development authority. Administration of waqaf falls under States’
matters governed by respective State Islamic Administration Enactment. However, there are five States so far
that have treated waqaf under specific Enactments, namely Selangor, Melaka, Negeri Sembilan, Terengganu
and Perak. This paper examines the first three States’ Waqaf Enactment in relation to housing development
on waqaf land. A document analysis was conducted to identify their housing development related provisions.
It can be said that there is no provision on housing related in these Enactments other than reference to fatwa
committee for determination of hukum syarak on any development related to waqaf. Notwithstanding, these
Enactments must be read together with other laws related to housing development in Malaysia. Hence, this
paper provides an overview of the legal considerations of housing development on waqaf land in Malaysia. |
format |
Article |
author |
Ahmad Sarkawi, Azila Aripin, Srazali |
author_facet |
Ahmad Sarkawi, Azila Aripin, Srazali |
author_sort |
Ahmad Sarkawi, Azila |
title |
Legal considerations of housing development on waqaf land in Malaysia |
title_short |
Legal considerations of housing development on waqaf land in Malaysia |
title_full |
Legal considerations of housing development on waqaf land in Malaysia |
title_fullStr |
Legal considerations of housing development on waqaf land in Malaysia |
title_full_unstemmed |
Legal considerations of housing development on waqaf land in Malaysia |
title_sort |
legal considerations of housing development on waqaf land in malaysia |
publisher |
IDOSI Publications |
publishDate |
2017 |
url |
http://irep.iium.edu.my/83614/1/83614_Legal%20Considerations%20of%20Housing%20Development%20on%20Waqaf_article.pdf http://irep.iium.edu.my/83614/ https://www.idosi.org/wasj/wasj35(12)17/12.pdf |
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