CHANGING THE WAQF CONDITIONS OF WAQF GIVER IN SPECIAL WAQF: IS IT POSSIBLE?

Authors

  • Akli Ahmad , WanNazjmi Mohamed Fisol ,Marina Abu Bakar

Abstract

Waqf plays a significant role in the socio-economic development of the country. In Malaysia, the
management and administration of waqf property is under the control of the State Islamic Religious Council
(SIRC). However, there are problems arising in the development of waqf land which cannot be fully utilized
for the purpose of socio-economic development. This is because there are some special requirements set by
the waqf giver (waqif).If the special requirements of the waqf giver in these special waqfs could be changed,
of course the waqf could be developed more quickly and could play a role in the socio-economic
development of the Muslim community. These special waqf conditions may be modified for the purpose of
saving the waqf property or managing it for something better. Continuing with this issue, this study was
conducted to analyze Islamic views in terms of changing the terms of the waqf giver involving special waqf
property.Qualitative methods were used in this study with a library research approach. The collection of
research data includes sources of Islamic tradition such as classical and contemporary fiqh books. The
process of analyzing the research data is done using the content analysis method. The results of the study
found that Islamic law allows for changes in the terms of the waqf giver in the special waqf. However, such
changes must comply with the Shariah rules of the waqf. This study is important in helping waqf givers,
governments and the governing and administering of waqf to address the problems inherent in developing
and preserving waqf land in Malaysia.

Published

2020-01-31

Issue

Section

Articles