A Study on the Socio-Economic Roles of Waqf Ahli (Family Waqf) in Promoting Family Security and a Sustainable Family Economy

Mohamad, Nor Asiah

doi:10.31436/iiumlj.v26i1.383

Cited by 7 publications

(8 citation statements)

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“…Waqf khayrī is normally established to finance education institutions, mosques and shelters. It is mainly aimed at helping individuals and societies which suffer from financial difficulties (Mohamad, 2018). Waqf al-sabīl is typically focused on financing the construction of public utilities (e.g.…”

Section: Cash Waqf Collectionmentioning

confidence: 99%

Determinants of cash waqf fund collection in Malaysian Islamic banking institutions: empirical insights from employees’ perspectives

Shatar

Hanaysha

Tahir

2021

IJIF

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Purpose This paper aims to test the main factors that affect cash waqf collection among the employees of Islamic banking institutions (IBIs) in Malaysia. Design/methodology/approach The data was gathered using a survey method from 218 employees of IBIs in Malaysia. The obtained data was analyzed using the Statistical Package for the Social Sciences software and smart partial least squares-structural equation modeling to verify the hypothesis and reach conclusions. Findings The results revealed that word of mouth and trust have significant positive impacts on cash waqf collection. The outcomes also confirmed that convenience and accessibility to cash waqf play significant roles in affecting cash waqf collection. Originality/value Based on the researchers’ knowledge, there are only a few studies which focused on measuring the driver of cash waqf collection from the employees’ perspective, particularly in the Malaysian context. This study specifically applies the theory of reasoned action to determine employees’ attitudes toward cash waqf fund collections in IBIs in Malaysia. Having an understanding of the factors that influence employees to contribute to cash waqf would better equip IBIs in managing their cash waqf contributions and in designing their marketing and branding strategies for promoting their institutions.

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Section: Cash Waqf Collectionmentioning

confidence: 99%

Determinants of cash waqf fund collection in Malaysian Islamic banking institutions: empirical insights from employees’ perspectives

Shatar

Hanaysha

Tahir

2021

IJIF

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“…Therefore, it is best to assume that the proper implementation of family waqf in this modern life could enhance the social lives of future generations (Kahf, 2003). As such, Mohamad (2018) endorsed this statement in her magnum opus regarding the socioeconomic positions of family waqf. Historically, waqf is perceived as a method to prepare in advance for their families' future.…”

Section: Family Waqf and Islamic Inheritance Lawmentioning

confidence: 96%

Proposed temporary waqf model for family waqf implementation in Malaysia

Rahman

Thaidi

Suhaimi

et al. 2023

JIABR

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Purpose This study aims to propose a temporary waqf model for family waqf by establishing its application parameters, which may facilitate the management of family waqf in Malaysia and encourage new donors to establish waqf. Design/methodology/approach A qualitative methodology was employed to analyse the data through deductive and field research methods. For field research, this study conducted semi-structured interviews with the Waqf Corporations and Mufti's Department in the selected states within Malaysia. Findings Results drawn from the interview's findings are that creating family waqf in Malaysia is hindered by several obstacles, including family waqfs not serving the public interest but rather their descendants, and family waqfs have been practised in perpetuity. Besides, inefficient management of family waqf and a lack of an effective mechanism and parameter exists. Therefore, this study presented a conceptual framework for a temporary cash waqf model for family waqf along with the parameters that can be used to implement it. The temporary waqf is a strategy to develop waqf property and the interests of creators, beneficiaries and trustees. Temporary waqf merged into the family waqf yields benefits to the family waqf. Research limitations/implications Because of Malaysia's Waqf Regulation and Administration, this study was confined to selected states. This study has broadened the scope of temporary family waqf, including moveable, immovable property and cash waqf. Practical implications This study presented a temporary waqf model for family waqf as a realistic mechanism and criterion for its practical implementation in Malaysia. Social implications This study could encourage new donors to establish waqf. Originality/value This study’s novelty lies in its attempt to highlight the importance of the temporary waqf model as a practical mechanism with holistic principles for its implementation in Malaysia to benefit the donors, their families and trustees. In addition to family waqf, numerous temporary waqfs may be established, in which the income or usufruct is shared proportionally, such as charitable waqf (waqf khairi), private waqf (waqf khas) and joint waqf (waqf mushtarak).

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“…In some states, they used waqf khas to refer to family waqf (Mohamad Suhaimi, 2018). The administration of Islamic law statutes, among others, states that the creation of family waqf must obtain the permission from the Sultan (Mohamad, 2018).…”

Section: Analysis On the Requirements Of Valid Charitable Trust Applied In Waqf Casesmentioning

confidence: 99%

“…In other aspects, even though family waqf is not valid as a charitable trust, it is an ideal tool for wealth preservation and succession planning. Labuan International Business and Financial Centre Malaysia (LIBF) has taken a proactive and progressive initiative by introducing an Islamic Foundation product, which accommodates waqf ahli and facilitates wealth management based on principles of Shariah (Mohamad, 2018). This is a very important aspect to take into consideration as opposed to blaming each other when the conflict remains unresolved.…”

Section: Analysis On the Requirements Of Valid Charitable Trust Applied In Waqf Casesmentioning

confidence: 99%

The Application of Public Benefit Requirement of Charitable Trust in Waqf Court Judgment: A Review

Ismon

Ali

Hingun

2021

UUM Journal of Legal Studies

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Waqf is a form of voluntary charity and its purposes are recognised by Islamic law as religious, pious or charitable. Charitable trust is a public trust where the settlor may aim to create certain purposes. Both waqf and charitable trust share the same objective, which is for the benefit of the community at large. The objective of this article is to reveal how the requirements of “public benefit” in charitable trust are applicable to waqf cases. In determining the validity of a charitable trust, the requirement of public benefit is essential, particularly under the last three charitable purposes, namely advancement of education, advancement of religion, and other purposes beneficial to the community. Besides, the personal nexus test is applied in the case of charitable trust to ensure no personal linkage between the founder and the beneficiaries. These two elements are necessary to establish a valid charitable trust. The English court will first filter out such a case to ensure that there is no infringement of other people’s rights and exploitation of the charitable trust’s privilege. Public benefit requirement and personal test are also applicable in cases relating to waqf cases. In waqf, the Islamic law prescribes two categories, which are “Waqf Khairi” (Public waqf) and “Waqf Ahli” (Family waqf). However, family waqf is treated as “non-charitable under the influence of English law of trust” because it infringes the rule against perpetuities. The methodology used in this article is doctrinal legal research focusing on the legal principle as well as the cases of public benefit requirement, the personal nexus test, and the rule against perpetuities in charitable trust and waqf. This article found that the requirement of public benefit is applicable in public waqf, but not for family waqf. Despite that, family waqf should be maintained as it is a great channel for wealth distribution and succession planning.

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A Study on the Socio-Economic Roles of Waqf Ahli (Family Waqf) in Promoting Family Security and a Sustainable Family Economy

Cited by 7 publications

References 0 publications

Determinants of cash waqf fund collection in Malaysian Islamic banking institutions: empirical insights from employees’ perspectives

Determinants of cash waqf fund collection in Malaysian Islamic banking institutions: empirical insights from employees’ perspectives

Proposed temporary waqf model for family waqf implementation in Malaysia

The Application of Public Benefit Requirement of Charitable Trust in Waqf Court Judgment: A Review

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