Waqf History and Legislation in Malaysia: A Contemporary Perspective

Abstract

Waqf (Islamic endowments) is one of the most important socio-economic institutions in Islam. It falls under the category of sadaqah (charity) and is recurring in nature. The jurisdictions (shari’ah) for waqf are derived from the al Quran and the Sunnah of the Prophet (peace be upon him). There are several types of waqf namely waqf khayri (general), waqf fi ahli (family), waqf mushtarak (mixed), waqf istibdal(exchange) and cash waqf or waqf share. All involved immovable properties except for cash waqf or waqf share where the cash is endowed as waqf. Only waqf fi ahli (family trust) is not available in Malaysia. Waqf falls under the state jurisdiction as stated in the Federal Constitution of the country that all Islamic matters is under the state, only Islamic matters in the Federal Territories are under the Federal Government. Although Malaysia was recently announced as one of the Islamic state, it practices a dual legal system i.e. the common law and the shari’ah law. The paper also views a few cases in waqf to get a clear picture of the problem when the civil law clashes with the shari’ah law. The study hopes that current the legal framework is changed to be more compatible with the Islamic shari’ah especially in waqf legislations.