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Article
Publication date: 14 November 2016

Re-evaluating the practice of hibah trust in Malaysia

Nazrul Hazizi Noordin, Muhammad Issyam Ismail, Muhammad Abd Hadi Abd Rahman, Siti Nurah Haron and Adam Abdullah

This paper aims to re-evaluate and thus recommends possible ways in improving the current practice of hibah trust in Malaysia.

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Abstract

Purpose

This paper aims to re-evaluate and thus recommends possible ways in improving the current practice of hibah trust in Malaysia.

Design/methodology/approach

This study conducts a thorough and critical review on relevant literature on Islamic wealth management and estate distribution. Besides, the current practice and application of hibah trust by the Malaysian trustee companies such as Amanah Raya Berhad and As-Salihin Trustee Berhad is analyzed based on information gathered from their publications and direct consultation.

Findings

Based on the comparison made between hibah trust and its conventional counterpart, living trust, this study found that that the hibah trust product mirrors the conventional living trust, which provides a high degree of freedom to the benefactor to decide on the distribution of his wealth without taking into consideration the interest of the eligible heirs under farai’d. Nevertheless, it is undeniable that the practice of hibah trust would be able to expedite the lengthy and complex procedures of inheritance, reduce administrative costs and avoid legal impediments and inheritance tax.

Practical implications

This paper proposes a comprehensive framework for an improved asset distribution under hibah trust within the Malaysian Islamic wealth management industry by highlighting the significance of fara’id and wasiyyah rules. This proposed framework of hibah trust would become a useful reference for the policy makers in designing a dedicated regulation or legal provisions in the established laws that will govern the practice of hibah trust in Malaysia.

Originality/value

The novelty of this paper lies in highlighting the importance of adhering to the law of Islamic inheritance rules as ordained by Allah s.w.t in structuring contemporary Islamic estate planning instruments such as hibah trust, which is not evident in the current practice.

Details

Humanomics, vol. 32 no. 4
Type: Research Article
DOI: https://doi.org/10.1108/H-05-2016-0044
ISSN: 0828-8666

Keywords

  • Islamic finance
  • Fara’id
  • Hibah trust
  • Living trust
  • Wasiyyah

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Article
Publication date: 7 May 2019

The role of Islamic governance in the reinforcement waqf reporting: SIRC Malaysia case

Dalila Daud

Waqf has the quality of perpetuity so waqf properties cannot be sold, bought or given as a gift to others. Therefore, it is necessary to make sure that the property is…

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Abstract

Purpose

Waqf has the quality of perpetuity so waqf properties cannot be sold, bought or given as a gift to others. Therefore, it is necessary to make sure that the property is fully used and properly managed by the Malaysian Islamic councils. To properly manage these properties, it is essential for the councils to have a proper reporting. Unfortunatley, this is not the case in the present situation for waqf. It was found that there is a lack of reporting on waqf matters. The purpose of this paper is to explore how the Islamic governance can contribute to the sufficient and adequate of waqf reporting.

Design/methodology/approach

This paper described what is being practised at present for waqf reporting. A series of Islamic governance literature was proposed in reinforcing waqf reporting.

Findings

This paper fulfils a gap in prior research by discussing several systems in Islamic governance to achieve transparency in waqf reporting. The findings of this paper may provide a significant contribution to any organisation that act as a trustee for waqf.

Practical implications

This paper provides an opportunity for further theoretical approach in defining and describing the role of governance in the reinforcement of waqf reporting. The paper has recommended several strategies towards better governance in Islamic council, and these suggestions can be offered to the councils for improvement.

Social implications

This research will be of interest to policy makers, especially Government and State Government. Given the current debate in Malaysia on the most appropriate forms of regulation for the Islamic sector, this study aims to provide valuable insights into the role of Islamic governance in the system of regulation.

Originality/value

This paper examined several governance system in Islamic governance to be applied in any Islamic organisation. This paper specifically deals governance issue that should be practised by present councils to prevent lack in waqf reporting. This system discusses the ways Islamic councils should perform since the system was originally implemented by a previous, distinguished caliph, Umar Al-Khattab.

Details

Journal of Islamic Accounting and Business Research, vol. 10 no. 3
Type: Research Article
DOI: https://doi.org/10.1108/JIABR-01-2017-0008
ISSN: 1759-0817

Keywords

  • Governance
  • Islamic governance
  • Waqf
  • Waqf reporting

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Article
Publication date: 11 November 2014

Tawarruq application in Islamic banking: a review of the literature

Nasrun Mohamad and Asmak Ab Rahman

This paper aims to present the results of a comprehensive literature review with regard to the application of Tawarruq in the Islamic banking system covering the period…

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Abstract

Purpose

This paper aims to present the results of a comprehensive literature review with regard to the application of Tawarruq in the Islamic banking system covering the period between 2011 and before. The review aims to synthesize the previous research, capsulize the structural overview inasmuch as future research might be oriented and identify the gaps and direction for future research.

Design/methodology/approach

A range of published and unpublished documents was collated and filtered based on the defined rules to identify the determinants of the writing. The documents were then be classified into few segments in which content analysis was conducted to capsulize the essence of the subject matter described in the literature.

Findings

The analysis demonstrates that most of the studies discussed the fundamental theories which concerning the area of jurisprudence, while a few of them did discuss the application aspect in the banking environment. However, none of the operational process is discussed in-depth, whereas the risk of Shari’ah non-compliance might arise in the detail transaction.

Research limitations/implications

The databases used in the search might not contain all the documents that could be relevant for the review. Furthermore, the defined-rule for document searching and selection excluded the out-of-scope documents that might be relevant.

Originality/value

This paper identifies the gaps that become apparent in the literature in assisting researchers to ascertain the interesting areas as well as the direction for future research.

Details

International Journal of Islamic and Middle Eastern Finance and Management, vol. 7 no. 4
Type: Research Article
DOI: https://doi.org/10.1108/IMEFM-10-2013-0106
ISSN: 1753-8394

Keywords

  • Literature review
  • Islamic banking
  • ‘Inah
  • Cash liquidity
  • Tawarruq

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Article
Publication date: 13 February 2017

A review of efficiency measures for REITS and their specific application for Malaysian Islamic REITS

Nor Nazihah Chuweni and Chris Eves

This paper aims to present a conceptual model on the efficiency of Islamic real estate investment trusts (I-REITs) available in Malaysia. The key difference between the…

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Abstract

Purpose

This paper aims to present a conceptual model on the efficiency of Islamic real estate investment trusts (I-REITs) available in Malaysia. The key difference between the Islamic and their conventional investment vehicle part is mainly its own Shariah framework. For instance, I-REITS must comply with the requirement of Securities Commission Act 1993 as well as the Guidelines on Islamic Real Estate Investment Trusts (Islamic REITs Guidelines).

Design/methodology/approach

The paper reviews and synthesises the relevant literature on the performance analysis and efficiency measurements of REITs. The paper then develops and proposes a conceptual model to measure the efficiency of Malaysian and Islamic REITs.

Findings

The paper identifies and examines the appropriate methods and instruments to measure the efficiency in relation to the risk and profitability of I-REITs. The efficiency measure is important for the fund managers to maximise the shareholders’ return in an investment of property portfolio as well as proposing the best way to allocate resources efficiently.

Research limitations/implications

This is a preliminary review of current work that identifies the issues that will be addressed in future empirical research. The authors will be undertaking this future empirical research in measuring the efficiency of Malaysian real estate investment trusts (M-REITs), particularly the I-REITs, using the non-parametric approach of data envelopment analysis.

Originality/value

To date, there has been very limited research on the efficiency measurement of I-REITs. The current analysis of REIT has been focused on traditional non-Islamic funds. This paper will review and discuss the current literature on efficiency measurement to determine the most appropriate approaches and methodologies for future application in performance analysis of efficiency measure for Malaysian and Islamic REITs.

Details

Journal of Islamic Accounting and Business Research, vol. 8 no. 1
Type: Research Article
DOI: https://doi.org/10.1108/JIABR-03-2015-0007
ISSN: 1759-0817

Keywords

  • Efficiency
  • Data envelopment analysis
  • Islamic REITs
  • M-REITs

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Article
Publication date: 20 August 2018

Efficiency and productivity performance of zakat funds in Algeria

Chams-Eddine Djaghballou, Mohamed Djaghballou, Mousa Larbani and Azhar Mohamad

The purpose of this study is to examine the efficiency and productivity performance of zakat funds managed by Directorates of Religious Affairs and Endowments (DRAE) in Algeria.

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Abstract

Purpose

The purpose of this study is to examine the efficiency and productivity performance of zakat funds managed by Directorates of Religious Affairs and Endowments (DRAE) in Algeria.

Design/methodology/approach

In this study, the authors employ data envelopment analysis and measure Malmquist Productivity Index for DRAE’s input and output data spanning from 2003 to 2013.

Findings

The authors find that total factor productivity has increased sharply for all zakat funds, mainly due to a technical rather than efficiency change. Further decomposition of the efficiency change into its pure technical and scale efficiency components suggests that the pure efficiency is a more important source of efficiency change than the scale efficiency component, meaning that zakat funds rely on technical aspects to gain efficiency.

Originality/value

The findings of this study are expected to contribute considerably to the existing knowledge on the operating performance of zakat funds in Algeria.

Details

International Journal of Islamic and Middle Eastern Finance and Management, vol. 11 no. 3
Type: Research Article
DOI: https://doi.org/10.1108/IMEFM-07-2017-0185
ISSN: 1753-8394

Keywords

  • Efficiency
  • Algeria
  • DEA
  • Zakat
  • Productivity performance

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Article
Publication date: 23 March 2020

Trade diversion risk for halal food exports

Shahriar Kabir, Syed Shams and Roger Lawrey

The purpose of this paper is to investigate the link between trade diversion risk and new Halal market exploration.

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Abstract

Purpose

The purpose of this paper is to investigate the link between trade diversion risk and new Halal market exploration.

Design/methodology/approach

This paper analyzes the Halal trade flows for Malaysia’s top 11 halal food/food-related commodities from 1967 to 2018 by relying on co-integration and auto-regression techniques.

Findings

This paper determines that the greater the country’s current comparative advantage in an exported good, the higher the risk of export diversion between the Halal and conventional markets. The diversion risk, however, disappears with a lower current comparative advantage.

Practical implications

To take advantage of the fast-emerging Halal market, a country should expand export of commodities with relatively low current comparative advantage but high demand in the target market, along with supportive trade policies to build competitiveness in the long term.

Originality/value

This study fills the gap in the literature by investigating if the theory of comparative advantage can predict the market diversification risk that may arise from the expansion of exports to the Halal market occurring alongside existing exports to the conventional market.

Details

Journal of Islamic Marketing, vol. ahead-of-print no. ahead-of-print
Type: Research Article
DOI: https://doi.org/10.1108/JIMA-07-2019-0145
ISSN: 1759-0833

Keywords

  • Malaysia
  • Trade diversion
  • Halal market
  • Comparative advantage
  • Food export
  • F10
  • F13
  • F17
  • F23

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Book part
Publication date: 24 November 2010

References

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Abstract

Details

Tourism in the Muslim World
Type: Book
DOI: https://doi.org/10.1108/S2042-1443(2010)0000002025
ISBN: 978-1-84950-920-6

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