Legal analysis on jurisdictional conflicts relating to waqf / Bailey Luigi Ubu…[et al.]

Ubu, Bailey Luigi and Muhammad Fauzi, Fathin Nadia and Ahmad Afandi, Nur Anis Farhah and Zulkifli, Nurnadmin (2012) Legal analysis on jurisdictional conflicts relating to waqf / Bailey Luigi Ubu…[et al.]. [Student Project] (Unpublished)


List II of the Ninth Schedule to the Federal Constitution provides that Islamic law is a state matter. Article 74(2) of the Federal Constitution empowers the legislature of a state to make laws for the whole or any part of the state in respect of any matter enumerated in the State List. Waqf is also included in one of the matters governed by states in Malaysia. According to List II of the Ninth Schedule, waqf falls under the jurisdiction of Syariah Court in Malaysia. On top of that, each state in Malaysia has enacted waqf 'laws, either in its own waqf enactment or in the Administration of Islamic Law Enactments. Although it is clearly provided in the legislation that disputes on waqf shall be heard in Syariah Courts, there are still several cases on waqf that are being heard and decided in Civil Courts. Follows from this, the people having interest in waqf under Islamic law are deprived of their rights. This paper will elaborate on the laws on waqf in Malaysia, examine the issues raised and several decided cases on waqf and discuss further on the jurisdiction of Syariah and Civil Courts in hearing disputes of waqf. Therefore, this paper is intended to provide an overview on the legislations and jurisdictions of courts concerning waqf in Malaysia.


Item Type: Student Project
CreatorsEmail / ID. Num
Ubu, Bailey Luigi2009943069
Muhammad Fauzi, Fathin Nadia2009634554
Ahmad Afandi, Nur Anis Farhah2009931085
Zulkifli, Nurnadmin2009973707
ContributionNameID Num. / Email
Thesis advisorAbdullah, RozlindaUNSPECIFIED
Subjects: B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc > Islam > Waqf. Awqāf. Charities. Endowments
K Law > KBP Islamic law. Sharī'ah. Fiqh > Gifts (Islamic law). Charitable gifts. Ṣadaqah. Donations. Hibah
Divisions: Universiti Teknologi MARA, Shah Alam > Faculty of Law
Programme: Bachelor in Legal Studies
Item ID: 32308
Uncontrolled Keywords: Islamic law, waqf 'laws, Civil Courts


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