Waqf History and Legislation in Malaysia: A Contemporary Perspective

Writer: Hisham Yaacob

Waqf (Islamic endowments) is one of the most important socio-economic institutions in Islam. It falls under the category of sadaqah (charity) and is recurring in nature. The jurisdictions (shari’ah) for waqf are derived from the al Quran and the Sunnah of the Prophet (peace be upon him). There are several types of waqf namely waqf khayri (general), waqf fi ahli (family), waqf mushtarak (mixed), waqf istibdal(exchange) and cash waqf or waqf share. All involved immovable properties except for cash waqf or waqf share where the cash is endowed as waqf. Only waqf fi ahli (family trust) is not available in Malaysia. Waqf falls under the state jurisdiction as stated in the Federal Constitution of the country that all Islamic matters is under the state, only Islamic matters in the Federal Territories are under the Federal Government. Although Malaysia was recently announced as one of the Islamic state, it practices a dual legal system i.e. the common law and the shari’ah law. The paper also discusses a few cases in waqf to get a clear picture of the problem when the civil law clashes with the shari’ah law. The study hopes that the current legal framework is improved to be more compatible with the Islamic shari’ah especially in waqf legislations. Keywords – cash waqf, mutawalli, sadaqah, Shari‘ah, waqf, waqif

Source: https://www.researchgate.net/publication/301770595_WAQF_HISTORY_AND_LEGISLATION_IN_MALAYSIA_A_CONTEMPORARY_PERSPECTIVE


Waqf Fundraising Management: A conceptual comparison between traditional and modern methods in the waqf institutions

Muhammad Shulthoni, Norma Md Saad


This paper focuses on the theoretical structure of funding for Islamic philanthropy, especially waqf. Waqa>f is projected to play further significant role to tackle present social problems, where financial sustainability has become one of the foremost challenges faced by awqa>f institutions. There is a need to study various models of fundraising that could be applied to reform awqa>f institutions. Employing content analysis approach, this paper analyses traditional and modern structures of fundraising that are applicable for development and management of waqa>f fundraising: istibda>l, h}ukr, ija>ratayn, venture philanthropy of waqf model (VPWM), value-based capital model of waqf (VBCMW), and social enterprise waqf fund model (SEWF).The discussions are expected to be able to contribute towards boosting a better fundraising management of awqa>f institutions in Muslim communities as well as countries.
Makalah ini fokus pada struktur teoritis pendanaan untuk filantropi Islam, terutama wakaf. Wakaf diproyeksikan untuk memainkan peran penting lebih lanjut untuk mengatasi masalah sosial saat ini, di mana keberlanjutan keuangan
telah menjadi salah satu tantangan utama yang dihadapi oleh lembaga-lembaga
awqa>f. Ada kebutuhan untuk mempelajari berbagai model penggalangan dana
yang dapat diterapkan untuk mereformasi institusi awqa>f. Dengan menggunakan
pendekatan analisis isi, makalah ini menganalisis struktur penggalangan dana
tradisional dan modern yang berlaku untuk pengembangan dan pengelolaan
penggalangan dana wakaf: istibda>l, h}ukr, ija>ratayn, venture philanthropy of
waqf model (VPWM), value-based capital model of waqf (VBCMW), dan social
enterprise waqf fund model (SEWF). Diskusi diharapkan dapat berkontribusi
untuk meningkatkan manajemen penggalangan dana yang lebih baik dari
lembaga awqaf di komunitas Muslim serta negara.


Waqf fundraising; Management; Traditional method of fundraising; Modern method of fundraising

Source: https://ijims.iainsalatiga.ac.id/index.php/ijims/article/view/1803


Potential of Micro-Waqf as an Inclusive Strategy for Development of a Nation


Waqf is an Islamic voluntary financing instrument which has significantly supported the development of economic and social order of Muslim community in the past. This prominent Muslim endowment mechanism was reported to have successfully created pools of fund and properties which were administered and managed by the appointed authorities (trustees) for the purpose of syariah compliance charitable activities. Despite of its proven capability and character in assisting the development of Muslim nation, today, waqf institutions are reported to have merely mild contribution particularly to the improvement of Muslim community in Malaysia. Based on scholarly reviews, several explanations and suggestions for improvement were discussed and offered to rectify the polemical situation. One of the issues highlighted was on the low level of understanding among the local Muslim on the concept of waqf. The main objective of the present paper is to propose a small scale waqf project named as “Mikro-Waqaf: PayungTeduhan Ilmu” (MWPTI). The aim of this innovative project is to rejuvenate waqf as well as to improve the awareness on the concept of waqf among Muslim community in an academic institution in Malaysia. The multi-purpose project is envisaged to spur the culture of waqf among the Muslim community surrounding the campus in Alor Gajah, Melaka, especially within the campus community and outside the campus.

Source: https://www.sciencedirect.com/science/article/pii/S2212567115011934