In 2004, the government of Malaysia formed the Department of Awaqf, Zakat and Hajj with the objective of reconciling any potential discrepancies arising from the administration of Waqf in the country. As Waqf property is managed under different laws and regulations within the purview of the States Islamic Religious Councils of each state, different interpretations and conflicts may emerge.
The Majlis Agama Islam is the sole trustee of any Waqf land, assuming full power to manage all Waqf assets in the interest of Waqif, or founder, as outlined in the foundation deed.
Apart from the lack of standardization and skilled talent to deal with Waqf, another glaring issue is the fact that any legal disputes with regards to Islamic endowments are likely to be tried in the civil court based on non-Shariah laws as a result of the secular nature of the Federal Constitution, which give precedence to the civil law.
The duality of the country’s legal system, segregating both the Shariah and civil law, is seen as a setback in terms of managing Waqf; and many have called for Waqf to be governed solely by Islamic law instead.
However, this may prove to be a politically sticky matter in religion-sensitive multi-ethnic Malaysia.
As Dr Aziz succinctly concluded: “Waqf is a fine concept but Malaysia, as of now, does not yet have the infrastructure in place to fully implement it.” –
VT