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Current legal issues concerning awqaf in Malaysia

Syed Abdul Kader, Sharifah Zubaidah and Md Dahlan, Nuarrual Hilal (2009) Current legal issues concerning awqaf in Malaysia. In: International Conference on "Waqf Laws & Management: Reality and Prospects", 20-22 Oktober 2009, Cultural Activity Centre (CAC), International Islamic University Malaysia, Gombak Campus. (Unpublished)

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Waqf falls under the jurisdiction of the Syariah Court according to List II of the Ninth Schedule to the Federal Constitution. This is further entrenched in the Administration of Islamic Law Enactments of the respective states in Malaysia. Nevertheless, from judicial decisions, ‘waqf’ is still, until today, being determined by the civil courts.In some judicial decisions, waqf issues have been marginalized by the civil courts as they are considered side issues. In consequence, the persons having interest in waqf under Islamic law are deprived of their rights. This paper will elaborate on the series of decided cases involving waqf in Malaysia, examine the issues raised, and will also analyze the judicial decisions made. Such analysis will assist in formulating a future framework for the management and development of waqf lands in Malaysia.

Item Type: Conference or Workshop Item (Paper)
Additional Information: Jointly organized by Management Centre (MC), Ahmad Ibrahim Kulliyyah of Laws (AIKOL) and International Institute for Muslim Unity (IIMU), International Islamic University Malaysia
Uncontrolled Keywords: waqf in Malaysia – legal issues – jurisdiction and powers of court - judicial decisions – management and development
Subjects: K Law > K Law (General)
Divisions: College of Law, Government and International Studies
Depositing User: Prof Dr Nuarrual Hilal Md Dahlan
Date Deposited: 28 Dec 2011 03:52
Last Modified: 02 Aug 2012 03:44

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