WAKAF MUAQQAT MENGIKUT PERSPEKTIF UNDANG-UNDANG DI MALAYSIA: SATU ANALISIS

Abstract

Waqf is an important instrument in advancing the socio-economic development of the ummah, founded upon the principle of retaining property for a purpose or for the benefit of beneficiaries in perpetuity. Nevertheless, contemporary developments have demonstrated the need for a more flexible approach through the implementation of waqf muaqqat (temporary waqf). This article seeks to analyse the application of state laws in Malaysia via the enacted legislations relating to waqf, encompassing specific waqf laws, the Administration of Islamic Law statutes and the subsidiary laws currently in force. The juristic views of the fuqaha regarding waqf muaqqat are also examined as the Shariah authority underpinning the Malaysian legal landscape. The study adopts a qualitative research design, employing library research, doctrinal legal research, and the expert method. Data are analysed using the content analysis technique. The findings reveal five (5) principal variations in the legal application of waqf muaqqat within the existing statutory framework. These encompass both explicit and implicit modes of statutory interpretation, its recognition through non-perpetual categories of property eligible for waqf, and its operationalisation under the classifications of family waqf, charitable waqf, and specific waqf as provided by law. The study further proposes recommendations for legislative reform and statutory amendments aimed at strengthening doctrinal coherence, enhancing regulatory clarity, and ensuring effective and consistent implementation within the Malaysian waqf regulatory framework.