Obstacles of the Current Concept of Waqf to the Development of Waqf Properties and the Recommended Alternative

Abstract

Centuries passed and the controversy over the object of waqf is still on going. For those who thought that the controversy was over have actually followed the views of majority concerning the irrevocability, perpetuity and inalienability of the object of waqf. By adhering to this thought, waqf properties have faced various problems relating to their effective management and development thereof. This paper attempts to rethink the concept of waqf perpetuity and inalienability, and proposes to replace the perpetuity of the physical being of the object with that of dedication by assigning a value to the dedication which is then safeguarded and invested. This paper acknowledges the validity of all valuable waqfs including cash, usufruct, and labour which are capable of perpetuity according to the principle of value based concept of waqf properties.