Proposing Waqf New Form (WNF) In waqf land registration system in Malaysia

Abstract

This paper highlights and discusses the various forms and procedures involved in the registration process of waqf land and suggest the Waqf New Form (WNF) as a solution to the issues that arise in the registration of waqf land in Malaysia. The study sought to answer the following two research questions: What issues arise in the method of waqf land registration in Malaysia? In what ways can such issues be resolved? Design/methodology/approach: This study employed a qualitative research approach and used content analysis to analyse data. Data were collected through semi-structured interviews with lawyers, academicians, and executive officers from the Department of Land and Mines (DLM) and the State Islamic Religious Council (SIRC), and reviewed documents were collected mainly from the Department of Waqf, Zakat and Hajj Malaysia (JAWHAR). The study found the WNF to be a solution to the issues that arise in waqf land registration. It was developed to address the current waqf issues such as problematic registration methods, lengthy and complicated procedures, interference in the civil court jurisdiction, and idle waqf land. The WNF resolved the flaws of the previous waqf land registration system in Malaysia. The WNF will provide solutions to the current registration system within the National Land Code, 1965 (NLC), which will secure property rights in the future.