Review of literature on Family Waqf in Malaysia: Concepts, Legislation, and Emerging Issues

Soroton Literatur Terhadap Wakaf Keluarga: Konsep, Perundangan dan Isu-Isu Berbangkit di Malaysia

Abstract

Muslims' unclaimed property is estimated to be worth 70 billion ringgit at the moment. Ironically, it has been shown that the owner of this property still has close kin or family members. This study proposes adopting the waqf approach to migrate these properties into real estate for optimal utilization. The existing research on waqf in Malaysia encompasses research on Shariah law, legislation, and its application. Hence, this study focuses on literature review based on several themes, namely (i) the concept of family waqf; (ii) legislation related to family waqf in Malaysia and other countries; and (iii) issues related to family waqf in Malaysia. The primary sources of Islamic law, namely the Quran and Hadith, are used as references. Additionally, the collection of historical documentation is also referred to obtain interpretations, points of view, and examples of waqf instrument governance in Malaysia. The findings of this study, there is a lack of details on family waqf in terms of implementation and legislation in Malaysia. At the same time, Malaysia also has several states with specific legal provisions related to waqf. Therefore, this study focuses on family waqf according to current Islamic law, to benefit Muslims in particular in the future.