Legal analysis on the law of waqf land and its implementation in Malaysia

This thesis provides a comprehensive legal analysis of the substantive and procedural laws governing waqf land in Malaysia and evaluating their implementation in waqf land development. Waqf, an Islamic endowment, plays a vital role in the socioeconomic development of Muslim communities by providing perpetual benefits for religious, charitable, and public welfare. Despite that, the legal framework and administrative practices surrounding waqf land development in Malaysia are facing challenges, including legal ambiguities, management inefficiencies, and inconsistent implementation. The research has four main objectives: first, to examine the existing substantive laws governing waqf land, their historical development and the current framework; second, to analyse procedural rules relating to the administration and management of waqf land development; third, to evaluate the practical implementation of these laws, highlighting inconsistencies and challenges; and fourth, to propose a comprehensive recommendations to improve these laws, ensuring more effective management and development of waqf land. This study adopts a qualitative approach, integrating in-depth semi-structured interviews with key stakeholders and thorough document analysis of current development projects, utilizing their novelty in practice as a unique data collection method with phenomenological, ethnological, observatory and analysis approaches. This qualitative study examines the legal, cultural, and administrative aspects of waqf land development in Malaysia, gathering insights from key stakeholders, including SIRC officials, developers, and community members. Using a grounded theory model, the research identifies themes that shape a current practice model, which maps existing waqf management strategies, effective practices, and areas for improvement. Findings reveal significant gaps and inconsistencies in the current legal framework and implementation practices. Key issues include inadequate legal provisions, lack of clarity in procedural guidelines, issues and challenges in enforcement and compliance. Based on these findings, the thesis proposes reforms to improve the legal and administrative framework governing the development of waqf land in Malaysia, including revising and harmonizing substantive and procedural laws, enhancing the capacity of waqf management institutions, and implementing effective monitoring and evaluation mechanisms. This thesis contributes to the existing body of knowledge on waqf law and provides valuable insights for policymakers, legal practitioners, and stakeholders involved in the management and development of waqf land in Malaysia.