A structure of waqf land declaration and registration system in Malaysia
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Date
2017
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Universiti Teknologi Malaysia
Abstract
Under Islamic Law, waqf is special and differs from other properties and ownership because of the element of perpetuity, inalienability and irrevocability as soon as the waqif makes a declaration. Under Islamic law, the land or any property declared by individuals to become waqf is considered binding and valid as soon as the donor applies the five pillars (rukn) of waqf declaration, which are sighah, waqif, mauwquf, mawquf alaihi and nazir. However, under the Malaysian Land Law, waqf properties need to be registered at the Land Office to ensure the State Islamic Religious Council (SIRC) has indefeasible ownership under National Land Code (NLC), 1965. Even though, there exists a registration system of waqf land under the Malaysia Legal System, the system is lengthy, rather disorganized and can cause the declaration of a waqif to be defeasible and not binding, hence this risks the loss of the waqf land. This research has examined the existing structure for waqf land declaration and registration in order to improve its system within the scope of the Malaysian Legal System while being compliant to the Islamic Law. The research methodology adopted is the Content Analyses through System Theory Approach and semi-structured interviews with identified experts. The collected data were analyzed qualitatively. From the findings the researcher has identified that the declaration of waqif is defeasible and not binding because the waqf land is not free from encumbrances within the existing structure of waqf land declaration and registration system. Therefore, the research has developed a New Improved Structure of Waqf Land Declaration and Registration in Malaysia suggesting the declaration of waqif shall be valid, binding and indefeasible in future. In conclusion, the new proposed structure shall make the process of waqf land declaration and registration easier, faster, and more efficient hence; secure the waqf property from risk to be lost
Description
Thesis (PhD. (Land Administration and Development))
Keywords
Land titles--Registration and transfer, Information storage and retrieval systems--Land titles, Waqf--Management