Reforming Waqf Law In The Federal Territories: A Study On Legal Issues And Challenges

Abstract

Waqf plays a significant role in national development as it supports infrastructure development, healthcare, education, and economic empowerment through the utilization of waqf funds. Currently, waqf matters are regulated by the Islamic Religious Administration (Federal Territories) Act 1993, which has led to various legal issues and problems, including inconsistencies and conflicts of jurisdiction. Therefore, this study discusses the issue and direction of waqf law in the Federal Territories. Through the utilization of qualitative research methods, including semi structured interviews with key stakeholders and waqf law expert, a deeper understanding of the prevailing problems and conflicts surrounding waqf law in the Federal Territories was attained. The findings of this study highlight the urgent need for a re-evaluation of the existing legal framework governing waqf. The government's proposal to introduce a dedicated act exclusively for waqf is identified as a potential solution to effectively address the legal challenges encountered. A comprehensive waqf law reform approach is deemed necessary to overcome the various issues related to waqf administration. These insights shed light on the inconsistencies and jurisdictional conflicts that have arisen as a result of the current regulatory framework. The study argues that the implementation of a specialized waqf act would serve to harmonize and streamline the legal aspects of waqf administration. This proposed legislation would provide a clear and unified regulatory framework, resolving conflicts and enhancing the efficiency of waqf governance. The findings demonstrate that the government's proposal to introduce an act exclusively for waqf will effectively address the legal issues encountered. A comprehensive waqf law reform approach is considered necessary to overcome issues related to waqf.