Waqf Land Administration and Registration: Legal Analysis

Roshidah Binti Osman*, Noor Asyimah Binti Ramli and Mohd Zakhiri Bin Mohd Nor
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Roshidah Binti Osman*: Advocate & Solicitor of High Court of Malaya, Messrs Roshidah Osman & Patners No 73-2, Sunway Perdana,Jalan Todak 6, 13700, Seberang Jaya, Pulau Pinang
Noor Asyimah Binti Ramli: Advocate & Solicitor of High Court of Malaya, Syarie Lawyer of Penang State, Messrs Noor Asyimah & Associate No.88. Tingkat 2, Jalan Todak 3 Pusat Bandar Seberang Jaya, 13700 Perai,Pulau Pinang
Mohd Zakhiri Bin Mohd Nor: Senior Lecturer / Research Fellow, Legal and Justice Research Centre, School of Law, Universiti Utara Malaysia,06010 Sintok, Kedah, Malaysia

The Journal of Social Sciences Research, 2018, 1194-1201 Special Issue: 6

Abstract: The conflict in registration of waqf land in Malaysia has been prolonged for such a long time particularly in Penang. This conflict has contributed to the major setback in development of waqf  land. This paper aims to examine the procedure in registration of waqf land from legal perspective with reference to provisions in National Land Code 1965 and the state law under Administration of The Religious of Islam (State of Penang) Enactment 2004. The methodology used in this paper wasqualitative and content legal analysis method. This paper found there were inadequacy and insufficiency in administration and registration of waqf enactment in Malaysia. There were also lacuna in National Land Code 1965 and obscure and uncertain in creation and registration of waqf land. This paper concludes that Penang State Islamic Religious Council (SIRC) is in dire need to enact a specific law relating to administration and registration of waqf land in Penang together with a major plan to reform and strengthen the power of Syariah Court in addressing the issue of registration of waqf land in Penang.

Keywords: Waqf land; Registration; Administration; National land code 1965; Administration of the religious of islam (state of penang) enactment 2004. (search for similar items in EconPapers)
Date: 2018
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