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Article
Publication date: 30 November 2007

Nor Asiah Mohamad

The laws and policies pertaining to foreign land ownership in Malaysia have seen tremendous changes for the past two decades. The reasons may be linked to economic, political and…

1305

Abstract

The laws and policies pertaining to foreign land ownership in Malaysia have seen tremendous changes for the past two decades. The reasons may be linked to economic, political and social factors. The changes, as claimed, have to be carried out to accommodate the current needs and circumstances. Nevertheless, at the same time, frequent changes would also create uncertainty and insecurity to the purchaser especially the investors. The Malaysian government has made various efforts towards becoming a developed country, trying hard to attract foreign investors to invest in the country. At the same time, a reasonable consideration must be given to the needs of its own people. Moreover, it is equally important to protect and to ensure that the people’s right shall not be sacrificed for the sake of development and especially when all the benefits will go to only a certain class of people. The history of foreign land ownership policy especially on the restrictions imposed by the laws and policies are worth noting. The legal perspectives are delineated from some important statutes such as the National Land Code, 1965, the Malay Reserve Enactments, the Malay Agricultural Settlement Act, the Aboriginal Peoples Act 1954, and also the restrictions imposed by the states since land is a state matter in Malaysia. Furthermore, some of the restrictions are traceable in the policies determined by the relevant ministries. Following this, the implication of these restrictions on foreign land ownership and also property market will be addressed.

Details

Journal of International Trade Law and Policy, vol. 6 no. 2
Type: Research Article
ISSN: 1477-0024

Keywords

Book part
Publication date: 18 December 2009

Rajib Shaw, Siti Omar, Miki Yoshizumi and Noriati Mat So

Kampong Bahru is located at the heart of the “golden triangle” of Kuala Lumpur, the capital city of Malaysia. The Settlement was established in 1899 as a result of the expressed…

Abstract

Kampong Bahru is located at the heart of the “golden triangle” of Kuala Lumpur, the capital city of Malaysia. The Settlement was established in 1899 as a result of the expressed desire of the Resident General and the British Resident of Selangor. Initially its objectives were: to educate the children of Malays, to take part in the administration, and to enable them to reap some of the advantages of the prosperity. The new settlement is known as Kampong Bahru (New Village). This chapter describes new innovative ways to revitalize community ties in the urban village context of Kampong Bahru. The concept of eco-communities is analyzed and specific suggested actions are presented.

Details

Urban Risk Reduction: An Asian Perspective
Type: Book
ISBN: 978-1-84855-907-3

Article
Publication date: 5 September 2016

Mohammed Obaidullah

Available zakat accounting standards as well as the laws governing business zakat suggest that the adjusted net working capital or the adjusted growth capital of a business may be…

2228

Abstract

Purpose

Available zakat accounting standards as well as the laws governing business zakat suggest that the adjusted net working capital or the adjusted growth capital of a business may be regarded as the base for computation of its zakat liability. The apparent consensus follows from the fiqhi prescription of imposing zakat on urud al-tijarah or the inventory of goods available for trade. Some contemporary scholars however question the rationale underlying this method and argue that the objectives of the Shariah are better met by seeking recourse to alternative methods of zakat determination for business organizations. There is therefore a need to revisit the issues and subject them to fresh scrutiny in terms of economic rationality and consistency.

Design/methodology/approach

The paper examines the arguments of the “orthodox” school as well as those of some contemporary scholars on alternative methods of computing business zakat. It also undertakes a comprehensive review of the laws of zakat as they are related to businesses and the related accounting pronouncements along with their underlying rationale. As the issue of incentivizing zakat payment is an important one, and it is often linked to provision of tax benefits, the paper examines a few suggestions in this regard.

Findings

On examination of specific suggestions – specifically, of treating earnings as zakat base – to scrutiny in terms of economic rationality and consistency, the authors argue that the “orthodox” position is not only consistent but also makes enormous economic sense. Further, the issue of incentivizing zakat payment and that of lack of harmonization between business zakat accounting and taxation need not be and should not be resolved by making changes in the former because the same has a sound Shariah basis. It can be easily resolved, if need be, by making changes in methods of taxation (tax deduction or tax rebate) and base them on specific items in the balance sheet or the income statement.

Practical implications

The paper provides useful insights to policy makers who are concerned about the huge gap between actual and potential collection of zakat and are considering tax reforms for incentivizing business zakat mobilization. It highlights the diversity in practices relating to zakat computation and related taxation across Muslim countries.

Originality/value

The paper searches for and observes consistency and compatibility between the orthodox Shariah-legal position and several accounting and taxation-related policies relating to business zakat. The policy prescriptions are expected to rejuvenate and strengthen the global zakat sector.

Details

Journal of Islamic Accounting and Business Research, vol. 7 no. 4
Type: Research Article
ISSN: 1759-0817

Keywords

Book part
Publication date: 26 August 2019

Sharifah Zubaidah Syed Abdul Kader and Nor Asiah Mohamad

Legal and Sharīʿah issues abound in creating security to finance waqf property development in Malaysia, for it involves integrating the Sharīʿah concept of waqf with requirements…

Abstract

Legal and Sharīʿah issues abound in creating security to finance waqf property development in Malaysia, for it involves integrating the Sharīʿah concept of waqf with requirements of Malaysian land law as well as the requirements of modern finance under civil law. Banks and financial insti­tutions will not generally finance property development without any form of security for the loan. The best type of security transaction under Malaysian land law is to create a charge on the land under the National Land Code 1965, rendering the land liable as a security which upon default of the chargor, would entitle the chargee to seek statutory remedies including sale of the land. Such may not be feasible for waqf properties due to the inalienable nature of such properties. Due to the remedy of sale of the land upon default, the same issues would arise in regard to other types of securities like a lien and a loan agreement cum assignment. There is therefore a need to diversify the available options in creating security over waqf property. What are the existing Sharīʿah restrictions on waqf property? Do these restrictions affect the creation of security over waqf lands under conventional Malaysian land law? What are the legal and Sharīʿah issues relating to creating a charge over waqf lands? What are some feasible options? Initial findings are that creating a charge on a lease of waqf land as well as resorting to a hybrid form of a traditional security transaction in Malaysia, called ‘Jualjanji’, may hold some answers. Through doctrinal legal research and content analysis, this chapter explores these issues and recommends feasible solutions.

Details

Emerging Issues in Islamic Finance Law and Practice in Malaysia
Type: Book
ISBN: 978-1-78973-546-8

Keywords

Article
Publication date: 14 March 2023

Muhamad Firdaus Ab Rahman, Hussein ‘Azeemi Abdullah Thaidi, Farhana Mohamad Suhaimi and Siti Farahiyah Ab Rahim

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…

Abstract

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).

Details

Journal of Islamic Accounting and Business Research, vol. 15 no. 1
Type: Research Article
ISSN: 1759-0817

Keywords

Article
Publication date: 6 November 2009

Ismail Omar and Mazlan Ismail

The purpose of this paper is to explain the definition of adequate compensation from the viewpoints of affected landowners, property valuers and land administrators using Kotaka's…

2028

Abstract

Purpose

The purpose of this paper is to explain the definition of adequate compensation from the viewpoints of affected landowners, property valuers and land administrators using Kotaka's Model with special application in Kedah, Malaysia. The fact is that land is a factor of production and must be made available for the provision of infrastructure. In acquiring land for real estate development, compensation must be paid to the affected landowners. An adequate compensation in land acquisition is referred to the open market value of the land taken plus its consequences including severance, injurious affection and disturbances.

Design/methodology/approach

Questionnaires are distributed to the affected 40 landowners, ten property valuers and six land administrators of randomly selected land acquisition projects for public infrastructure land development in the case study areas. Data gathered are analyzed using qualitative descriptive analysis to identify elements of dissatisfactions of landowners upon compensation offered to them.

Findings

The findings show that there are elements of dissatisfactions to the affected landowners by way of the value of land taken, severances, injurious affections, disturbances, delivery of notices and technique of valuation. These dissatisfactions reflect the amount of adequate compensation to the affected landowners and cross‐examined with property valuers and land administrators.

Originality/value

The outcome of the paper will assist landowners, public, and private valuers, land administrators and other stakeholders to understand the elements of dissatisfactions in estimating adequate compensation in land acquisition for infrastructure provision. Otherwise, the affected landowners may refuse to be apart from their lands, hence, restrict the flow of land supply for real estate development. This indicates that Kotaka's Model offers an explanatory power to understand the elements of adequate compensation in land acquisition for infrastructure provision and real estate development.

Details

Journal of Financial Management of Property and Construction, vol. 14 no. 3
Type: Research Article
ISSN: 1366-4387

Keywords

Book part
Publication date: 14 April 2010

Jon S.T. Quah

However, after Singapore's independence and separation from Malaysia on 9 August 1965, the PAP leaders were forced to change their vision of Singapore as part of Malaysia to…

Abstract

However, after Singapore's independence and separation from Malaysia on 9 August 1965, the PAP leaders were forced to change their vision of Singapore as part of Malaysia to Singapore as an independent nation, which they had earlier rejected. In other words, the PAP leaders had to “reinvent” Singapore to ensure its survival.

Details

Public Administration Singapore-style
Type: Book
ISBN: 978-1-84950-924-4

Article
Publication date: 1 May 2002

Adèle Thomas

South African companies employing 50 or more employees or those with a specified financial turnover, are required to comply with the provisions of the newly introduced Employment…

10177

Abstract

South African companies employing 50 or more employees or those with a specified financial turnover, are required to comply with the provisions of the newly introduced Employment Equity Act. Prior to the introduction of the Act, large companies in the country had already introduced strategies of affirmative action to achieve employment equity. This paper highlights some of the strategic and operational concerns surrounding employment equity legislation in South Africa and reviews broad practices of employment equity in Malaysia, India, the USA, Canada, Britain and Zimbabwe. Lessons for the effective implementation of employment equity in South Africa are identified.

Details

International Journal of Manpower, vol. 23 no. 3
Type: Research Article
ISSN: 0143-7720

Keywords

Article
Publication date: 1 April 1992

See Liang Foo

Surveys by questionnaire the accounting profession and auditingpractices in Singapore: development of the profession; major influencesand practices.

Abstract

Surveys by questionnaire the accounting profession and auditing practices in Singapore: development of the profession; major influences and practices.

Details

Managerial Auditing Journal, vol. 7 no. 4
Type: Research Article
ISSN: 0268-6902

Keywords

Book part
Publication date: 21 July 2011

Jon S.T. Quah

Singapore is perceived to be the least corrupt country in Asia according to Transparency International's Corruption Perceptions Index (CPI) from 1995 to 2010. In 2010, Singapore…

Abstract

Singapore is perceived to be the least corrupt country in Asia according to Transparency International's Corruption Perceptions Index (CPI) from 1995 to 2010. In 2010, Singapore was ranked joint first with Denmark and New Zealand among 178 countries on the CPI with a score of 9.3. However, this does not mean that corruption does not exist in Singapore, which has its share of corruption scandals too. Indeed, the scandal involving Teh Cheang Wan attracted a great deal of attention because he was the Minister for National Development in Singapore from 1979 to 1986.

Details

Curbing Corruption in Asian Countries: An Impossible Dream?
Type: Book
ISBN: 978-0-85724-819-0

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