APLIKASI PRINSIP BERKEKALAN WAKAF DI INSTITUSI PENGAJIAN TINGGI TERPILIH: PERSPEKTIF PERUNDANGAN

Abstract

The study outlines the application of perpetuity principle of
waqf in Higher Educational Institutions (HEI). This principle
is an important element distinguishing between waqf and
other philantrophic instrument such as zakah, charity, gift and
others. The article will discuss the concept and application of
perpetuity principles of waqf by focusing on the potential of waqf
management conducted in some selected Higher Educational
Institutions (HEI). This case study method involved three (3)
universities which have implemented waqf in their institutions,
namely Universiti Islam Malaysia (UIM), University Putra
Malaysia (UPM) and International Islamic University of
Malaysia (IIUM). The data obtained through interviews and
documentation methods will be analyzed by descriptively and
comparatively. This study has found that there is no direct
interpretation of perpetuality according to the existing waqf laws,
therefore, section 47 of the Enactment of Wakaf Selangor 2015 regarding the application of Hukm Syarak if there is a lacuna in
waqf law may be used. Therefore, the perpetual element of waqf in
HEI can be seen through three aspects, namely the accumulation
of waqf fund consisting of permanent and non-permanent assets,
raising waqf funds involving investment, rental contract and
several development projects conducted by the universities and
the activities of distribution waqf funds to the beneficiary are
expected to provide long-term returns to the institutions.