Revitalising the Management of Family Waqf: A Way Forward

Abstract

This research proposes a few models of legal authority (hereinafter referred to as al-Wilayah) over the practice of Family Waqf in Malaysia. The research adopted a comparative case study based on the theory of al-Wilayah over the management of waqf. Five selected State Islamic Religious Councils (SIRCs) have been chosen: SIRC of Perak, Pulau Pinang, Kelantan, Terengganu, and Johore, prominent with Family Waqf. The author proposed models that broaden the involvement of many parties in waqf management based on the amalgamation of Wilayah Asliyyah and Wilayah Fariyyah in waqf affairs. These are models of the religious council, third-party model, and model of the subsidiary body. The contribution of this research was to provide more compatible models in the management of Family Waqf operationalized harmoniously with the Malaysian waqf jurisdiction. These models were expected to improve the current situation of Family Waqf in Malaysia, which was deemed incompatible with being managed by the SIRC alone. Based on the researcher’s best knowledge, there were no case studies that empirically investigated the current practice of Family Waqf according to the theory of al-Wilayah. Therefore, it was necessary to acquire an up-to-date situation of Family Waqf from the vantage point of al-Wilayah to assist the researcher in developing the model based on the actual loophole in its practice.

Proposed temporary waqf model for family waqf implementation in Malaysia

“…Although family waqf has been briefly listed in many waqf jurisdictions, there are obstacles to its implementation because of its long lifespan, for instance, the absence of legislative supervisory control over family waqf and mismanagement. The lack of family waqf management blocks the land from entering the market (Abdul Samad et al, 2021;Sadique, 2017a). This issue is exemplified by the judicial system's incompetence and state governments' contribution to the mischief and mismanagement of this situation.…”