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New framework for the management of waqf land registration system in Malaysia

Noor Azimah Ghazali (Center of Real Estate Studies, Faculty of Built Environment and Surveying, Universiti Teknologi Malaysia, Johor Bahru, Malaysia)
Ibrahim Sipan (Center of Real Estate Studies, Faculty of Built Environment and Surveying, Universiti Teknologi Malaysia, Johor Bahru, Malaysia)
Mohammad Tahir Sabit Haji Mohammad (Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia, Gombak, Malaysia)
Muhammad Arif Ab Aziz (School of Chemical and Energy Engineering, Faculty of Engineering, Universiti Teknologi Malaysia, Johor Bahru, Malaysia)

International Journal of Islamic and Middle Eastern Finance and Management

ISSN: 1753-8394

Article publication date: 21 January 2021

Issue publication date: 4 June 2021

583

Abstract

Purpose

This paper aims to propose a new framework for the management of a waqf land 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 the waqf land registration system and how to solve the issues of waqf land 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 of Waqf, Zakat and Hajj Malaysia.

Findings

A new framework for the management of waqf land registration in Malaysia was identified, which was developed based on current waqf issues such as problematic registration methods, lengthy and complicated procedures, interference in the jurisdiction of the civil court and idle waqf land. The framework overcame the flaw of the previous waqf land 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

Acknowledgements

This research was supported by the Fundamental Research Grant Scheme (FRGS) sponsored by the Ministry of Education, Malaysia with the Vote Number: R.J130000.7852.5F202. We thank our colleagues from the Universiti Teknologi Malaysia who had provided insights and shared their expertise, which greatly assisted this research.

Citation

Ghazali, N.A., Sipan, I., Haji Mohammad, M.T.S. and Ab Aziz, M.A. (2021), "New framework for the management of waqf land registration system in Malaysia", International Journal of Islamic and Middle Eastern Finance and Management, Vol. 14 No. 3, pp. 625-640. https://doi.org/10.1108/IMEFM-04-2019-0172

Publisher

:

Emerald Publishing Limited

Copyright © 2020, Emerald Publishing Limited

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