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WAQF_2, Hierarchy of waqf distribution
maintenance & repairs
debts…
WAQF_2
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Administration of Waqf
Vesting Power
Majlis take necessary act
Before this, Mawquf transfer immovable property upon registration under National Land Code
Power to make rule
SIRC notify in gazette, makes rule s47
Unsettled or controversial issue, majlis to escalate to Islamic Legal Consultative Committee
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Hukum Syarak
- provision or inconsistent shall be invalid S46
- event of lacuna matter not expressly provided shall apply HS
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Legal framework
Section 2 :Waqf (State of Selangor) Enactment 1999
- dedication of any property from usufruct may be used for any charitable purpose as waqaf am or khas according to Hukum Syarak
- properties include movable and immovable property, right, interest, title, claim chose - present or future
- carried by Parliament at Federal level
- for state subject to state authority, federal subject to federal authority. (has similar power like state)
- Federal Constitution is the highest level
- matters regarding waqf : item 1-9 schedule, list 2 State list of constitution
Historical Perspective
- no limitation to the quantum to be allocated for waqf
- compare with Zakat, it has threshold and haul
- principal not precondition to waqf
- as long he is a legal owner, he can create waqf
- can be created by all levels of society
- contribution can come from rich or poor
- solve issues facing by community
- form part of Ibadah, reduce gap of socioeconomic std
Waqf Management Committee S24
Waqf (State of Selangor) Enactment 1999
- carry any direction, policy and decision making by majlis
- supervise, manage, arrange and administer Mawquf S21
- develop, improve and upgrade Mawquf
- administrator waqf fund
- carry out other power
Hierarchy of waqf distribution
- maintenance & repairs
- debts, tax, other encumbrances
- objects stipulated by founder
- If not stipulated, discretion of Mutawali