New framework for the management ofwaqfland registration system in Malaysia

Noor Azimah Ghazali, Ibrahim Sipan, Mohammad Tahir Mohammad and Muhammad Arif Ab Aziz

International Journal of Islamic and Middle Eastern Finance and Management, 2021, vol. 14, issue 3, 625-640

Abstract: Purpose - This paper aims to propose a new framework for the management of awaqfland registration system in Malaysia that is compliant with Islamic law and the Malaysian legal system. The study sought to answer the following two research questions: what are the issues of thewaqfland registration system and how to solve the issues ofwaqfland registration in Malaysia. Design/methodology/approach - This study used a qualitative research method by using content analysis, legal investigation and doctrinal research. Data were collected through semi-structured interviews with lawyers, academicians and executive officers from the Department of Land and Mines, the State Islamic Religious Council and reviewed documents mainly from the Department ofWaqf, Zakat and Hajj Malaysia. Findings - A new framework for the management ofwaqfland registration in Malaysia was identified, which was developed based on currentwaqfissues such as problematic registration methods, lengthy and complicated procedures, interference in the jurisdiction of the civil court and idlewaqfland. The framework overcame the flaw of the previouswaqfland registration system in Malaysia. Originality/value - The new framework will provide solutions to the current registration system within the National Land Code, 1965, which will secure property in the future.

Keywords: Malaysia; Framework; Registration; Legislation; Waqf land (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:eme:imefmp:imefm-04-2019-0172

DOI: 10.1108/IMEFM-04-2019-0172

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