Concept of valid contract declaration of Waqf property in Islamic law

Waqf plays an important role in improving public welfare in whole Islamic Countries. Therefore, waqf shall be conserved and permanently protected to keep its benefits for the public at all times. In order to develop the waqf property, it should be administered properly. Recognition of ownership on t...

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Main Authors: Ghazali, N.A., Sipan, I., Raji, Fauziah, Mohammad, Mohammad Tahir Sabit Haji
Format: Article
Language:English
Published: World Fatwa Management and Research Institute (INFAD), Universiti Sains Islam Malaysia (USIM) 2019
Subjects:
Online Access:http://irep.iium.edu.my/74528/
http://irep.iium.edu.my/74528/1/74528_Concept%20of%20valid%20contract%20declaration%20of%20Waqf.pdf
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author Ghazali, N.A.
Sipan, I.
Raji, Fauziah
Mohammad, Mohammad Tahir Sabit Haji
author_facet Ghazali, N.A.
Sipan, I.
Raji, Fauziah
Mohammad, Mohammad Tahir Sabit Haji
author_sort Ghazali, N.A.
building IIUM Repository
collection Online Access
description Waqf plays an important role in improving public welfare in whole Islamic Countries. Therefore, waqf shall be conserved and permanently protected to keep its benefits for the public at all times. In order to develop the waqf property, it should be administered properly. Recognition of ownership on the property by effective contract of declaration is essential. Therefore, this paper focuses on the Islamic Law’s perspective regarding effective contract on a binding and valid declaration of waqf property in accordance to Islamic Law and other subsidiary sources as well as academic opinions. This paper also includes formalities of legally binding contract of waqf (waqafiah) on parties, formulated by earliest Muslim jurists. In addition, the detailed discussions on documents of waqf evidencing contractual transactions needed for registration of waqf property are included. The elements of valid and binding declaration of waqf or deeds discussed too. The approach adopted is ‘Content Analyses’.
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spelling iium-745282020-03-31T08:23:46Z http://irep.iium.edu.my/74528/ Concept of valid contract declaration of Waqf property in Islamic law Ghazali, N.A. Sipan, I. Raji, Fauziah Mohammad, Mohammad Tahir Sabit Haji KBP3190 Economic law Waqf plays an important role in improving public welfare in whole Islamic Countries. Therefore, waqf shall be conserved and permanently protected to keep its benefits for the public at all times. In order to develop the waqf property, it should be administered properly. Recognition of ownership on the property by effective contract of declaration is essential. Therefore, this paper focuses on the Islamic Law’s perspective regarding effective contract on a binding and valid declaration of waqf property in accordance to Islamic Law and other subsidiary sources as well as academic opinions. This paper also includes formalities of legally binding contract of waqf (waqafiah) on parties, formulated by earliest Muslim jurists. In addition, the detailed discussions on documents of waqf evidencing contractual transactions needed for registration of waqf property are included. The elements of valid and binding declaration of waqf or deeds discussed too. The approach adopted is ‘Content Analyses’. World Fatwa Management and Research Institute (INFAD), Universiti Sains Islam Malaysia (USIM) 2019-07 Article PeerReviewed application/pdf en http://irep.iium.edu.my/74528/1/74528_Concept%20of%20valid%20contract%20declaration%20of%20Waqf.pdf Ghazali, N.A. and Sipan, I. and Raji, Fauziah and Mohammad, Mohammad Tahir Sabit Haji (2019) Concept of valid contract declaration of Waqf property in Islamic law. Journal of Fatwa Management and Research, 16 (2 (Special edition)). pp. 181-206. ISSN 2232-1047 E-ISSN 0127-8886 http://jfatwa.usim.edu.my/index.php/jfatwa/article/view/257/193 10.33102/jfatwa.vol16no2.15
spellingShingle KBP3190 Economic law
Ghazali, N.A.
Sipan, I.
Raji, Fauziah
Mohammad, Mohammad Tahir Sabit Haji
Concept of valid contract declaration of Waqf property in Islamic law
title Concept of valid contract declaration of Waqf property in Islamic law
title_full Concept of valid contract declaration of Waqf property in Islamic law
title_fullStr Concept of valid contract declaration of Waqf property in Islamic law
title_full_unstemmed Concept of valid contract declaration of Waqf property in Islamic law
title_short Concept of valid contract declaration of Waqf property in Islamic law
title_sort concept of valid contract declaration of waqf property in islamic law
topic KBP3190 Economic law
url http://irep.iium.edu.my/74528/
http://irep.iium.edu.my/74528/
http://irep.iium.edu.my/74528/
http://irep.iium.edu.my/74528/1/74528_Concept%20of%20valid%20contract%20declaration%20of%20Waqf.pdf