Pelaksanaan Istibdāl Bagi Tanah-Tanah Wakaf Di Malaysia: Kajian Perbandingan Antara Hukum Syarak Dengan Perundangan Sivil

Mohamad, Ridzuan; Yusoff, Zurita Mohd; Nordin, Nadhirah

doi:10.32890/uumjls2021.12.2.13

Cited by 3 publications

(3 citation statements)

References 12 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Following the National Land Code (KTN) provisions and the definition of land from the perspective of the Land Acquisition Act (APT) 1960, waqf land is an owned land that has registered ownership. The implications from the provisions of Section 2, APT 1960 are clear that the government has the power to withdraw the waqf land placed under MAIN’s control by law, as guaranteed in the Federal Constitution (Mohamad et al , 2021).…”

Section: Literature Reviewmentioning

confidence: 99%

Analysis of issues and solutions on the implementation of istibdal waqf property in states of Peninsular Malaysia

Noor

Asni

Rani

et al. 2023

QRFM

View full text Add to dashboard Cite

Purpose This paper aims to analyse the implementation of istibdal waqf property in several states of Peninsular Malaysia. To achieve this objective, this study identified the amount of waqf property ‘am (general) and waqf property khas (special) which were involved in the process of istibdal in each state, the factors that have caused the istibdal to be implemented, the rate of istibdal involved for each lot of waqf lands and the type of property replacement performed. Design/methodology/approach This study used the qualitative method, whereby the researchers had collected secondary data consisting of documents related to waqf from the State Islamic Religious Council (MAIN). The type of documents obtained were public records. The data collected were analysed using the content analysis techniques. Findings The results showed that there are several factors involved in the implementation of istibdal, namely, the acquisition of waqf land by the State Authority, applications by external parties for a particular interest and the initiatives taken by the MAIN on waqf property which is problematic and uneconomical to generate waqf fund. This study also found some Shariah and management issues, which were identified in the implementations of istibdal, whereas some cases of istibdal were only carried out on a small part of the waqf lands and there were also cases of the implementation of istibdal which have not been replaced with fixed assets as authorised by the istibdal parameter. This study suggests some improvements to the issues identified in the implementation of istibdal for waqf managers in Malaysia. Research limitations/implications The limitation of this study is that it analyses only the documents that record the implementation of istibdal in the states managed by MAIN. Thus, the analysis performed was limited to the documents obtained without involving empirical data. Practical implications This study suggests some improvements to the implementation of istibdal waqf in the states studied. Therefore, these recommendations can be used by waqf property managers to improve the process of implementing waqf property istibdal so that it can be used to its maximum potential. Social implications If the recommendations in this study can be implemented, the Muslim community will benefit greatly from the waqf property because it is being developed through the method of istibdal. This impact can increase the confidence of the Muslim community towards MAIN in managing waqf property and encouraging the Muslim community to contribute to waqf property for the welfare of the ummah. Originality/value This study involved data on a larger waqf istibdal implementations that involved several states in Peninsular Malaysia, which to the best of the authors’ knowledge, the analysis involving such large research data have not been implemented before.

show abstract

Section: Literature Reviewmentioning

confidence: 99%

Analysis of issues and solutions on the implementation of istibdal waqf property in states of Peninsular Malaysia

Noor

Asni

Rani

et al. 2023

QRFM

View full text Add to dashboard Cite

show abstract

“…Relevance of istibdal method as a waqf fund generation medium Strategic location is one of the important criteria for a waqf asset to effectively carry out economic development activities (Ngadimon, 2011). However, the scattered position of waqf lands and the different purposes of waqf make development difficult Mohamad et al, 2021). Among the problems are the waqf lands are not situated in the prime development zone.…”

Section: Implementation Of Istibdal In Kedahmentioning

confidence: 99%

“…The benefit is whether it can repair the waqf property or expand the benefits of the existing waqf property (Isamail et al , 2015). It is known that a property that has gone beyond the passage of time will inevitably be run down, faded and damaged (Mohamad et al , 2021). Damaged orphanage schools cannot accommodate the growing number of students, or waqf land as cemeteries cannot accommodate the increasing number of remains over time (Laldin et al , 2012).…”

Section: Literature Reviewmentioning

confidence: 99%

Management of cash waqf fund generation through the implementation of istibdal in Kedah

Asni

Noor

Hasbulah

2023

QRFM

View full text Add to dashboard Cite

Purpose The purpose of this study is to examine the management of cash waqf fund generation through the implementation of istibdal in Kedah. Design/methodology/approach The data are obtained through literature and empirical data. The authors first review the literature on the importance of waqf fundraising, the implementation factors of istibdal waqf and the relevance of istibdal method as a waqf fund generation medium to understand the extent to which the scholarly articles have discussed these topics. Furthermore, the authors conducted face-to-face interviews with two Kedah Islamic Religious Council (Majlis Agama Islam Kedah [MAIK]) officers, who were directly involved in the affairs of istibdal waqf to obtain holistic information regarding implementing istibdal waqf properties in Kedah. As a result, several themes are defined from the interview data before being analysed based on the content analysis method. Findings The results of the study show two istibdal implementation processes outlined by the Kedah Islamic Religious Council (MAIK), namely, the istibdal implementation process for waqf land registered title deed, and waqf land registered as reserve certificate for religious use like mosque and cemetery. The results also showed three factors in implementing istibdal in Kedah: the acquisition of waqf land by the state authority (PBN), istibdal application by the state education department (JPN) and istibdal application by the mosque committee. Out of eight cases of istibdal implementation, four have generated cash funds for MAIK through investment methods from the sale of waqf lands and rental of replaced shophouses that are able to cover the expenses of managing waqf properties in Kedah. Several suggestions are also recommended for MAIK to improve its istibdal policy, thus enabling the institution to generate cash waqf funds at the maximum rate. Research limitations/implications This study only focused on the implementation factors and the generation of cash waqf funds through istibdal in Kedah, while it can be expanded to other states like Terengganu, Kelantan and Penang. Furthermore, this study only interviewed officers who manage matters related to the affairs of waqf properties, as the session can actually be extended to other respondents, such as those specialising in cash fund generation investments and others. Practical implications This study proposed some improvements to the policy and guidelines of istibdal waqf property to MAIK after a few shortcomings were identified throughout this study. If improved, these proposals will have a significant impact, especially on the waqf properties involved in the implementation of istibdal, where it has the potential to bring cash generation and ensure the constant economic value of waqf properties. Social implications This study has a tremendous impact on society, in which their areas have cash waqf funds that can be developed. It can benefit the needy and increase funds for the welfare expenditure of Muslims through rental income, investment and development. Progress on waqf property provides a high indication of the efficiency of an organisation in managing the waqf property. Thus, the public, especially the rich, is motivated to fulfil their charitable practices through waqf mechanism and share their wealth with the needy. Originality/value This study contributes to comprehensive field data on the implementation factors and generation of cash waqf funds through the implementation of istibdal in Kedah. The results of this study are significant to be used by waqf property management.

show abstract

Mapping the Factors Affecting Waqf Property for Economic Development: A Systematic Review

Mutalib¹,

Musairah²,

Sabri³

et al. 2023

Advances in Social Science, Education and Humanities Research

View full text Add to dashboard Cite

Pelaksanaan Istibdāl Bagi Tanah-Tanah Wakaf Di Malaysia: Kajian Perbandingan Antara Hukum Syarak Dengan Perundangan Sivil

Cited by 3 publications

References 12 publications

Analysis of issues and solutions on the implementation of istibdal waqf property in states of Peninsular Malaysia

Analysis of issues and solutions on the implementation of istibdal waqf property in states of Peninsular Malaysia

Management of cash waqf fund generation through the implementation of istibdal in Kedah

Mapping the Factors Affecting Waqf Property for Economic Development: A Systematic Review

Contact Info

Product

Resources

About